WSR 03-18-124

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed September 3, 2003, 11:50 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-14-135.

Title of Rule: Chapter 16-401 WAC, Nursery inspection fees and chapter 16-350 WAC, Registration and certification of fruit tree planting stock.

Purpose: This proposal amends WAC 16-401-050 by increasing the current fruit tree and fruit tree related ornamental nursery stock assessment rate from 1% to 2%. In addition, this proposal amends WAC 16-350-045 application and fees, by deleting the specific assessment amount since it is specified in WAC 16-401-050 and correcting an erroneous RCW reference. Finally, this proposal amends both sections of rule by increasing their clarity and readability.

Statutory Authority for Adoption: Chapters 15.13, 15.14, and 34.05 RCW.

Statute Being Implemented: Chapters 15.13 and 15.14 RCW.

Summary: During the 2003 legislative session, the Washington state legislature authorized the Washington State Department of Agriculture to increase fees in excess of the fiscal growth factor in order to ensure that fees cover the full cost of the program. The Fruit Tree Advisory Committee, comprised of fruit tree nursery dealers, serves to advise the director in the administration of the fruit tree certification and nursery improvement program. At its August 6, 2002, meeting, the committee recommended that the department increase the fruit tree material assessment from 1% to 2%.

Reasons Supporting Proposal: This proposal will allow the department to respond to the recommendation of the fruit tree nursery industry to double the current assessment rate. Doubling the assessment rate would generate additional revenue of $200,000 per year, which would be adequate to meet the needs of the fruit tree certification program for the foreseeable future. This proposal will allow WSDA to continue to facilitate the movement of virus-tested fruit trees in domestic and international markets and assist in keeping the state's orchards free of harmful virus diseases.

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: WAC 16-401-050 Annual assessment -- Fruit tree material, establishes the rate of assessment on fruit trees and fruit tree related ornamental nursery stock. This assessment funds the fruit tree certification program that is responsible for facilitating the movement of virus-tested fruit trees in domestic and international markets and assisting the state's orchards to remain free of harmful virus diseases. This proposal would generate enough revenue to meet program needs for the foreseeable future.

Proposal Changes the Following Existing Rules: The proposal amends WAC 16-401-050 by increasing the current fruit tree and fruit tree related ornamental nursery stock assessment rate from 1% to 2%. In addition, this proposal amends WAC 16-350-045 Application and fees, by deleting the specific assessment amount since it is specified in WAC 16-401-050 and correcting an erroneous RCW reference. Finally, this proposal amends both sections of rule by increasing their clarity and readability.

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 University Tree Fruit Research and Extension Center, 1100 North Western Avenue, Wenatchee, WA 98801, conference room inside main entrance, on October 7, 2003, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Henri Gonzales by September 23, 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 October 7, 2003.

Date of Intended Adoption: October 21, 2003.

September 3, 2003

Mary A. Martin Toohey

Assistant Director

OTS-6578.2


AMENDATORY SECTION(Amending WSR 99-12-034, filed 5/26/99, effective 6/26/99)

WAC 16-401-050   Annual assessment -- Fruit tree material.   As provided in RCW 15.13.310, an annual assessment of ((one)) two percent is established on the gross ((sale)) wholesale price of ((the wholesale market value for)) all fruit trees((,)) and fruit tree related ornamental ((trees, fruit tree seedlings, fruit tree rootstock, and all other rootstock used for fruit tree propagation)) nursery stock produced in Washington((,)) and sold within the state or shipped from the state ((by any licensed nursery dealer, is established)).

[Statutory Authority: Chapters 15.13 and 15.14 RCW. 99-12-034, 16-401-050, filed 5/26/99, effective 6/26/99. Statutory Authority: [Chapter 15.13 RCW]. 92-24-067 (Order 4016), 16-401-050, filed 12/1/92, effective 1/1/93. Statutory Authority: Chapter 15.54 RCW. 87-19-098 (Order 1953), 16-401-050, filed 9/17/87.]

OTS-6577.1


AMENDATORY SECTION(Amending WSR 00-19-036, filed 9/12/00, effective 10/13/00)

WAC 16-350-045   Application and fees.   (1) The applicant must provide the department with all information documenting the eligibility of all registered and certified stock and must allow the department to take samples for indexing or testing purposes.

(2) An application for certification must be filed with the department by June 1 of each year accompanied by an application fee. The application fee will consist of $100.00 plus $1.00 for each registered seed tree.

(3) The application fee will apply toward the ((one percent)) annual assessment on the gross ((sale)) wholesale price of ((the wholesale market value for)) all fruit trees((,)) and fruit tree related ornamental((s, and fruit tree rootstock)) nursery stock produced in Washington and sold within the state or shipped from the state ((of Washington by any licensed nursery dealer)) during any license period, as set forth in RCW ((15.13.130)) 15.13.310. No refund of the application fee will be allowed.

[Statutory Authority: Chapter 15.14 RCW. 00-19-036, 16-350-045, filed 9/12/00, effective 10/13/00; 90-23-006 (Order 2058), 16-350-045, filed 11/9/90, effective 12/10/90; Order 1331, 16-350-045, filed 1/15/74; Order 1300, 16-350-045, filed 3/26/73; Order 1275, 16-350-045, filed 7/6/72; Order 951, Regulation 4, filed 7/2/64; Order 890, Regulation 4, effective 9/17/62.]

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