PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 04-09-083.
Title of Rule and Other Identifying Information: Chapter 16-675 WAC, Calibration services, special inspection and testing fees, the department is proposing to amend chapter 16-675 WAC by (1) increasing the fees charged by the metrology laboratory for inspection, tolerance testing and calibration of weighing and measuring standards above the OFM fiscal growth factor; (2) increasing the fees charged for the inspection and testing of weighing or measuring devices when requested by the device owner within the OFM fiscal growth factor for fiscal year 2005 (3.03%); and (3) rewriting the language using a format that makes the rule easier to use and understand.
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 October 27, 2004, at 2:00 p.m.
Date of Intended Adoption: November 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 October 27, 2004.
Assistance for Persons with Disabilities: Contact Henri Gonzales, by October 13, 2004, TTY (360) 902-1996.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend chapter 16-675 WAC by (1) increasing the fees charged by the metrology laboratory for inspection, tolerance testing and calibration of weighing and measuring standards above the OFM fiscal growth factor; (2) increasing the fees charged for the inspection and testing of weighing or measuring devices when requested by the device owner within the OFM fiscal growth factor for fiscal year 2005 (3.03%); and (3) rewriting the language using a format that makes the rule easier to use and understand. During the 2003 legislative session, the Washington state legislature authorized the Washington State Department of Agriculture to increase fees in excess of the OFM fiscal growth factor in order to ensure that fees charged for services covered the full cost of operating department programs (see chapter 25, Laws of 2003 1st sp.s. (ESSB 5404)).
Reasons Supporting Proposal: Current fee levels are not adequate to cover the costs of providing these services.
Statutory Authority for Adoption: Chapters 19.94 and 34.05 RCW.
Statute Being Implemented: Chapter 19.94 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, Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Jerry Buendel, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1856.
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).
September 21, 2004
Mary A. Martin Toohey
Assistant Director
OTS-7515.2
NEW SECTION
WAC 16-675-015
What is the purpose of this chapter?
The
purpose of this chapter is to implement:
(1) RCW 19.94.216(1) and 19.94.325(2), which allows the director of the Washington state department of agriculture to establish reasonable fees for inspection, tolerance testing and calibration services performed on weights and measures standards by the metrology laboratory; and
(2) RCW 19.94.175(3), which allows the director to establish fees for inspecting and testing weighing and measuring devices when the inspections and tests are specifically requested by the device's owner.
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"Calibration" means the comparison of a measurement standard or instrument with another standard or instrument to detect, correlate, report, or eliminate, by adjustment, any inaccuracy of the compared standard or instrument.
"Department" means the Washington state department of agriculture (WSDA).
"Director" means the director of the department or the director's designated representative.
"Laboratory" means the metrology laboratory operated by the department.
"Tolerance testing" means a measurement operation performed to determine whether the actual value of a standard, artifact, or instrument is within a permitted tolerance of its nominal value.
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(a) Returned to the sender at the sender's expense; or
(b) Repaired, if possible, by the laboratory.
(2) When possible, the laboratory will make repairs:
(a) At the rate of one hundred dollars per hour; and
(b) Only after a signed written repair agreement between the department and the owner of the weights or measures standard is concluded.
(3) All repair fees charged by the laboratory are in addition to any testing or calibration fees charged by the laboratory.
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| Service Performed | Fee |
| Inspection, tolerance testing and calibration services performed at the metrology laboratory | $100.00 per hour |
| Inspection, tolerance testing and calibration services performed at other than the metrology laboratory | $100.00 per hour plus mileage and per diem at the rates established by the office of financial management (OFM) when the service is performed |
| Any service provided by the laboratory | Minimum one-half hour charge |
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(1) Specifically requested by the device's owner or his/her representative; or
(2) Performed on devices used by an agency or institution that receives money from the legislature or the federal government.
| Weighing and Measuring Device | Inspection and/or Testing Fee |
| Small scales "zero to four hundred pounds capacity" | $15.95 per scale |
| Intermediate scales "four hundred pounds to five thousand pounds capacity" | $53.20 per scale |
| Large scales "over five thousand pounds capacity" | $133.02 per scale |
| Large scales with supplemental devices | $159.62 per scale |
| Railroad track scales | $1,064.19 per scale |
| Liquid fuel meters with flows of less than twenty gallons per minute | $15.95 per meter |
| Liquid fuel meters with flows of at least twenty but not more than one hundred fifty gallons per minute | $53.20 per meter |
| Fuel meters with flows over one hundred fifty gallons per minute | $159.62 per meter |
| Liquid petroleum gas meters with one-inch diameter or smaller dispensers | $53.20 per meter |
| Liquid petroleum gas meters with greater than one-inch diameter dispensers | $159.62 per meter |
| Inspection services not covered by the above special inspection fees | $35.91 per hour for labor
and travel time (minimum one hour charge) |
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(a) Facility or facilities for testing track scales;
(b) Car or other device for testing track scales.
(2) The department must use the car, device, or facility provided to test the accuracy of all track scales.
(3) Track scale owners (railroad companies) must move the car, device, or facility to locations designated by the department without charge.
(4) The cost of providing and maintaining the car, device, or facility must be equitably and reasonably apportioned by the department among all railroad track scale owners.
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The following sections of the Washington Administrative Code are repealed:
| WAC 16-675-010 | Purpose. |
| WAC 16-675-020 | Definitions. |
| WAC 16-675-030 | Condition of submitted weights and measures. |
| WAC 16-675-040 | Schedule of laboratory fees. |
| WAC 16-675-050 | Special inspection and testing fees. |
| WAC 16-675-060 | Fees for railroad track scales. |