WSR 07-07-106

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed March 19, 2007, 3:16 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-03-138.

Title of Rule and Other Identifying Information: Chapter 16-470 WAC, Quarantine -- Agricultural pests, the department is proposing to increase the laboratory diagnostic hourly fees, nematode laboratory diagnostic fees, and post-entry inspection services fee within the OFM fiscal growth factor for fiscal year 2008 (5.53%).

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 April 25, 2007, at 10:30 a.m.

Date of Intended Adoption: Not before May 3, 2007.

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 April 25, 2007.

Assistance for Persons with Disabilities: Contact Henri Gonzales by April 18, 2007, TTY (360) 902-1996 or (360) 902-2061.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal increase the plant pathology laboratory diagnostic hourly fees, nematode laboratory diagnostic fees, and post-entry inspection fee by no more than the fiscal growth factor of 5.53% for fiscal year 2008. This fee increase is necessary because current fee levels do not cover the costs of providing these laboratory and post-entry inspection services. RCW 17.24.131 mandates that the department support these activities through fees for services. With these modest increases, the department anticipates that the program will be able to remain financially solvent.

Reasons Supporting Proposal: Current fee levels are not adequate to cover the costs of providing plant pathology laboratory, nematode laboratory and post-entry inspection services. The nursery advisory committee, which is appointed by the director of the department of agriculture to represent the interests of the nursery industry, supports the proposal.

Statutory Authority for Adoption: Chapters 17.24 and 34.05 RCW.

Statute Being Implemented: Chapter 17.24 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, Implementation and Enforcement: Tom Wessels, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-1984.

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 business in an industry. The department has analyzed the economic effects of the proposed revisions and has concluded that they do not impose a more than minor cost on small businesses in 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).

March 16, 2007

Mary A. Martin Toohey

Assistant Director

OTS-9569.1


AMENDATORY SECTION(Amending WSR 06-15-044, filed 7/11/06, effective 8/11/06)

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


Hourly rate - business hours $((33.00)) 34.80
Hourly rate - nonbusiness hours $((42.15)) 44.45

(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) Nematology laboratory diagnostic fees are as follows:


Identity

Determination

1 sample 5 samples 10 samples 50 samples 100+

samples

nematode ((34.30)) 36.15 ea ((31.60)) 33.30 ea ((28.95)) 30.55 ea ((28.25)) 29.80 ea ((26.30)) 27.75 ea

Note: To receive volume rates, samples must be submitted as a unit and identification requests must be for one specific nematode, unless more than one nematode can be detected in a single test without additional inputs.

(4) 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 34.05 RCW. 06-15-044, 16-470-912, filed 7/11/06, effective 8/11/06; 05-12-111, 16-470-912, filed 5/31/05, effective 7/1/05. Statutory Authority: Chapters 17.24, 15.14, and 34.05 RCW. 05-01-180, 16-470-912, filed 12/21/04, effective 1/21/05. Statutory Authority: Chapters 17.24 and 34.05 RCW. 04-17-036, 16-470-912, filed 8/10/04, effective 9/10/04. Statutory Authority: Chapters 15.13, 15.14, 17.24, and 34.05 RCW. 03-21-166, 16-470-912, filed 10/22/03, effective 11/22/03. Statutory Authority: Chapters 17.24 and 34.05 RCW. 03-10-082, 16-470-912, filed 5/6/03, effective 6/30/03. 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 06-15-044, filed 7/11/06, effective 8/11/06)

WAC 16-470-917   Schedule of fees and charges -- Fees for post entry inspection services.   (1) Post entry site inspection and/or permit review and approval . . . . . . . . . . . . $((66.20)) 69.85

(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 34.05 RCW. 06-15-044, 16-470-917, filed 7/11/06, effective 8/11/06; 05-12-111, 16-470-917, filed 5/31/05, effective 7/1/05; 04-17-036, 16-470-917, filed 8/10/04, effective 9/10/04. Statutory Authority: Chapters 15.13, 15.14, 17.24, and 34.05 RCW. 03-21-166, 16-470-917, filed 10/22/03, effective 11/22/03. Statutory Authority: Chapters 17.24 and 34.05 RCW. 03-10-082, 16-470-917, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 17.24 and 15.14 RCW. 01-11-033, 16-470-917, filed 5/8/01, effective 6/8/01.]

Washington State Code Reviser's Office