WSR 03-07-092

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed March 19, 2003, 8:42 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-23-095.

Title of Rule: WAC 16-470-905 Schedule of fees and charges -- Establishing hourly rates, 16-470-911 Schedule of fees and charges -- Applicable fees and charges -- Effective June 30, 2001, 16-470-912 Schedule of fees and charge -- Applicable fees and charges -- Effective July 1, 2001, 16-470-916 Schedule of fees and charges -- Fees for post entry inspection services -- Effective June 30, 2001, 16-470-917 Schedule of fees and charges -- Fees for post entry inspection services -- Effective July 1, 2001, and 16-470-921 Schedule of fees and charges -- Miscellaneous fees -- Effective July 1, 1999.

Purpose: This proposal increases plant pathology fees (except virus identity determinations) within the fiscal growth factors for both fiscal year 2003 (3.29%) and fiscal year 2004 (3.2%) in WAC 16-470-912 and 16-470-917. For virus identity determinations the fee for 1-9 samples will be charged at cost, the fee for 10-99 samples is decreased significantly, and the fee for 100+ samples is increased within the fiscal growth factors. The proposal also clarifies the requirements for services provided by written agreement. In addition, it repeals WAC 16-470-911 and 16-470-916 because they set forth fee schedules that were only in effect for one day (June 30, 2001) and were superceded on July 1, 2001, by the current fee schedules. Finally, it rewrites WAC 16-470-905, 16-470-912, 16-470-917, and 16-470-921 to improve clarity as required by Executive Order 97-02.

Statutory Authority for Adoption: Chapters 17.24 and 34.05 RCW.

Statute Being Implemented: Chapter 17.24 RCW.

Summary: The proposed amendments increase plant pathology fees within the fiscal growth factors for fiscal year 2003 and fiscal year 2004. The increase will occur in two stages, with one increase of a maximum of 3.29% effective until June 30, 2003, and the second increase of a maximum of 3.2% effective July 1, 2003.

Reasons Supporting Proposal: Current fee levels are not adequate to cover the costs of administering the program. The Nursery Advisory Committee, which is appointed by the director of the Department of Agriculture to advise the department on nursery related issues, supports the proposal to raise fees within the fiscal growth factors for fiscal year 2003 and fiscal year 2004.

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

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

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule establishes the fees charged for the plant pest detection, testing, inspection and documentation by the pest and plant services programs. The current plant pest detection testing and inspection fee income is not adequate to cover costs of these activities. This makes it necessary to raise fees within the fiscal growth factors for both fiscal year 2003 and 2004. Changes mandated in the regulatory reform statutes (i.e. clear and readable format) have also made modification necessary. We anticipate that the fee-supported program activities will be self-supporting (as required by statute) and will continue to be available to users, and that the rules will be easier for the public to understand.

Proposal Changes the Following Existing Rules: This rule establishes the fee schedule for activities authorized in chapter 17.24 RCW. These activities include inspection, testing, plant disease identification, and documentation services offered to the agricultural and nursery industries and other through the plant services and pest program. Proposed changes will increase fees by a maximum of the fiscal growth factor for fiscal year 2003, effective until June 30, 2003, and another increase in fees by a maximum of the fiscal growth factor for fiscal year 2004, effective July 1, 2003. The proposal also clarifies the criteria for negotiating the rate for large projects and rewrites sections of the rule to improve clarity as required by Executive Order 97-02.

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. Analysis of the economic effects of the proposed rule amendments demonstrate that the changes will not be more than a minor cost on the regulated industry and, therefore, an SBEIS is not required.

RCW 34.05.328 does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).

Hearing Location: Washington State Department of Agriculture, 1111 Washington Street S.E., Natural Resources Building, 2nd Floor, Conference Room 205, Olympia, WA 98504-2560, on April 22, 2003, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Henri Gonzales by April 8, 2003, TDD (360) 902-1996.

Submit Written Comments to: Henri Gonzales, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2094, e-mail hgonzales@agr.wa.gov, by April 22, 2003.

Date of Intended Adoption: May 6, 2003.

March 19, 2003

Mary A. Martin Toohey

Assistant Director

OTS-6264.2


AMENDATORY SECTION(Amending WSR 99-12-035, filed 5/26/99, effective 6/26/99)

WAC 16-470-905   Schedule of fees and charges -- Establishing hourly rates.   (1) Requested services are provided at the applicable hourly rate except as provided in ((WAC 16-470-905)) subsection (5) of this section. The hourly rate for nonbusiness hours applies for service provided before 8:00 a.m. or after 5:00 p.m. during the ((work day)) workday and for all services provided on Saturday, Sunday, or on a holiday listed in subsection (2) of this section.

(2) Holidays shall mean New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day immediately following Thanksgiving Day, Veteran's Day, Christmas Day, President's Day, and Martin Luther King's Birthday.

(3) Charges are assessed in one-half hour increments.

(4) Persons requesting service with less than twenty-four hours notice during nonbusiness hours, may be subject to a charge of two additional hours at the nonbusiness hourly rate if the department is required to pay call back pay to the employee(s) providing the requested service.

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

(a) Projects requiring multiple periodic inspections and/or certificates; or

(b) Projects requiring field inspections of crops not regulated under chapter 15.13 or 15.14 RCW.

The rate charged shall not be less than the cost to the department of providing the services.

[Statutory Authority: Chapter 17.24 RCW. 99-12-035, 16-470-905, filed 5/26/99, effective 6/26/99; 92-07-023, 16-470-905, filed 3/10/92, effective 4/10/92.]


AMENDATORY SECTION(Amending WSR 01-11-033, filed 5/8/01, effective 6/8/01)

WAC 16-470-912   Schedule of fees and charges -- Applicable fees and charges(( -- Effective July 1, 2001)).   (1) Hourly rate.

(((a) Business hours . . . . . . . . . . . . $28.40

(b) Nonbusiness hours (see WAC 16-407-905) . . . . . . . . . . . . $36.30))

Effective until June 30, 2003 Effective July 1, 2003
Hourly rate - business hours $29.33 $30.20
Hourly rate - nonbusiness hours $37.49 $38.60

(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 until June 30, 2003
Identity

Determi-

nation

1 sample
5 samples
10 samples
50 samples
100+

samples

virus (ELISA) (($85.30 ea)) At cost (($62.45 ea)) At cost $((47.70)) 9.70 ea $((18.10)) 4.85 ea $((2.75)) 2.84 ea
bacteria ((37.60)) 38.83 ea ((36.30)) 37.49 ea ((34.05)) 35.17 ea ((32.90)) 33.98 ea ((32.90)) 33.98 ea
fungus ((39.75)) 41.05 ea ((34.05)) 35.17 ea ((32.90)) 33.98 ea ((31.80)) 32.84 ea ((29.50)) 30.47 ea
nematode ((29.50)) 30.47 ea ((27.20)) 28.09 ea ((24.95)) 25.77 ea ((24.90)) 25.71 ea ((22.70)) 23.44 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.

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 ea $5.00 ea $2.90 ea
bacteria 40.05 ea 38.65 ea 36.25 ea 35.05 ea 35.05 ea
fungus 42.35 ea 36.25 ea 35.05 ea 33.85 ea 31.40 ea
nematode 31.40 ea 28.95 ea 26.55 ea 25.90 ea 24.15 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) ((For large projects,)) 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 15.14 RCW. 01-11-033, 16-470-912, filed 5/8/01, effective 6/8/01.]


AMENDATORY SECTION(Amending WSR 01-11-033, filed 5/8/01, effective 6/8/01)

WAC 16-470-917   Schedule of fees and charges -- Fees for post entry inspection services(( -- Effective July 1, 2001)).   (1) Post entry site inspection and/or permit review and approval

(( . . . . . . . . . . . . $56.80))

(a) Effective until June 30, 2003 . . . . . $58.66

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

(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 15.14 RCW. 01-11-033, 16-470-917, filed 5/8/01, effective 6/8/01.]


AMENDATORY SECTION(Amending WSR 01-11-033, filed 5/8/01, effective 6/8/01)

WAC 16-470-921   Schedule of fees and charges -- Miscellaneous fees(( -- Effective July 1, 1999)).   (1) Mileage at the established office of financial management rate (schedule A), per diem at actual cost, and travel time at the applicable hourly rate may be assessed for requested inspections or post entry inspections that are not a part of a regular work schedule. Such charges may be prorated among applicants if more than one applicant is provided service during a workday or trip when per diem is applicable.

(2) Postage, special handling services and other miscellaneous costs exceeding five dollars ((are)) will be charged back to the applicant at the actual cost.

(3) Certificates of inspection, phytosanitary certificates, and other official documents ((are)) will be provided to the applicant subject to the charges and conditions established in chapter 16-401 WAC.

[Statutory Authority: Chapters 17.24 and 15.14 RCW. 01-11-033, 16-470-921, filed 5/8/01, effective 6/8/01. Statutory Authority: Chapter 17.24 RCW. 99-12-035, 16-470-921, filed 5/26/99, effective 6/26/99.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 16-470-911 Schedule of fees and charges -- Applicable fees and charges -- Effective June 30, 2001.
WAC 16-470-916 Schedule of fees and charges -- Fees for post entry inspection services -- Effective June 30, 2001.

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