WSR 06-12-114

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed June 7, 2006, 10:03 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 246-205-990 Decontamination of illegal drug manufacturing and storage sites -- Fees.

Hearing Location(s): Washington State Department of Health, Town Center 2 Building, Room 158, 111 Israel Road S.E., Tumwater, WA 98501, on July 11, 2006, at 11:30 a.m.

Date of Intended Adoption: July 14, 2006.

Submit Written Comments to: Carolyn Comeau, Office of Environmental Health and Safety, P.O. Box 47825, Olympia, WA 98504-7825, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2261, by July 11, 2006.

Assistance for Persons with Disabilities: Contact Carolyn Comeau by July 3, 2006, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule revises the fee structure for illegal drug manufacturing and storage sites (aka clandestine drug lab) contractor certifications, worker certificates, supervisor certifications, reciprocal certifications, refresher courses, and training provider certifications. The fees within the rule are paid by contractors, supervisors, workers and training course providers involved in the business of decontamination training or decontaminating illegal drug labs or illegal drug storage sites as part of the department's certification process for qualified cleanup and training specialists.

During the 2005 legislative session, the legislature authorized the department to increase fees beyond the fiscal growth factor in ESSB 6090 (chapter 518, Laws of 2005).

Reasons Supporting Proposal: The proposed fees provide an increased proportion of the revenue necessary for the department of health (DOH) to conduct the certification program. This program is essential to public health protection by assuring that training course providers, contractors and their staff demonstrate essential skills and knowledge necessary for the cleanup of illegal drug labs or storage sites. Local health jurisdictions utilize the approved list of contractors for cleanup of sites in counties around the state.

Statutory Authority for Adoption: RCW 43.70.250 and 64.44.060.

Statute Being Implemented: Chapter 64.44 RCW.

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

Name of Proponent: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting: Larry Kirchner, 20435 72nd Avenue South, Kent, WA 98032, (253) 395-6754; Implementation and Enforcement: Carolyn Comeau, P.O. Box 47825, Olympia, WA 98504-7825, (360) 236-3381.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3), a small business economic impact statement is not required for rules that set or adjust fees pursuant to legislative standards. This rule proposes to revise fees necessary to defray the costs of administering the clandestine drug lab program. The department is directed under RCW 43.70.250 to set fees so that the cost of a business license program is fully borne by members of that business. During the 2005 legislative session, the legislature authorized the department to increase fees beyond the fiscal growth factor under chapter 518, Laws of 2005.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 (5)(b)(vi), "significant rule analysis" does not apply to rules that set or adjust fees pursuant to legislative standards, as this proposal does.

June 7, 2006

B. White

for Mary C. Selecky

Secretary

OTS-8801.2


AMENDATORY SECTION(Amending WSR 03-13-123, filed 6/18/03, effective 7/19/03)

WAC 246-205-990   Fees.   (1) The department ((shall)) charges the following fees for ((issuance)) issuing and ((renewal of)) renewing certificates. ((The department shall set the fees by rule.))

(2) The fees ((shall)) must cover the cost of issuing certificates, filing papers and notices, and administering this chapter. The costs ((shall)) include reproduction, travel, per diem, and administrative and legal support costs.

(3) Fees are nonrefundable and ((shall be in the form of)) must be paid by check or money order made payable to the department.

(4) ((The department shall require payment of)) An applicant must pay the following fees ((upon receipt of)) when submitting application:

(a) ((Twenty-eight)) One hundred dollars ((shall be assessed)) for each initial, renewal, or reciprocal worker certificate application.

(b) ((Twenty-eight)) Two hundred dollars ((shall be assessed)) for each initial, renewal, or reciprocal supervisor certificate application.

(c) ((Five hundred seventy)) One thousand one hundred twenty-five dollars ((shall be assessed)) for each initial, renewal, or reciprocal authorized contractor certificate application. The applicant's certificate shall expire annually on the expiration date of the contractor's license issued under ((the provisions of)) chapter 18.27 RCW.

(d) ((Two hundred seventeen)) One thousand dollars ((shall be assessed)) for each initial and renewal application ((and fifty-two dollars shall be assessed for each renewal application for illegal drug manufacturing or storage site decontamination training course approval)) for training provider certification for the worker drug lab decontamination course.

(e) One thousand dollars for each initial and renewal application for training provider certification for the supervisor drug lab decontamination course.

(f) To be certified as a training provider for the refresher training course, applicants must be certified as a training provider for the worker and supervisor courses. There is no fee for application as a training provider for the refresher training course.

(5) For annual refresher training, a registrant must pay one hundred dollars if the course is sponsored by the department.

[Statutory Authority: RCW 43.70.250 and 43.70.110. 03-13-123, 246-205-990, filed 6/18/03, effective 7/19/03. Statutory Authority: RCW 43.70.250, 70.90.150, and 43.20B.250. 01-14-047, 246-205-990, filed 6/29/01, effective 7/30/01. Statutory Authority: RCW 43.70.250. 00-02-016, 246-205-990, filed 12/27/99, effective 1/27/00; 99-12-022, 246-205-990, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 64.44.060 and chapter 64.44 RCW. 91-04-007 (Order 125SB), 246-205-990, filed 1/24/91, effective 4/1/91.]

Washington State Code Reviser's Office