Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-03-140.

     Title of Rule and Other Identifying Information: Chapter 16-675 WAC, Calibration services, special inspection and testing fees, the department is proposing to increase the fees charged by the metrology laboratory for inspection, tolerance testing and calibration services and the fees charged for request inspections and tests of weighing or measuring devices 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 June 7, 2007, at 10:00 a.m.

     Date of Intended Adoption: Not before June 14, 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 June 7, 2007.

     Assistance for Persons with Disabilities: Contact Henri Gonzales by May 31, 2007, TTY (360) 902-1996 or (360) 902-2061.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule establishes the fees charged by the weights and measures program for activities authorized in chapter 19.94 RCW. This proposal increases the fees charged by the metrology laboratory for inspection, tolerance testing and calibration of weighing and measuring standards and 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 2008 (5.53%). Current fees are not adequate to cover the costs of providing services; therefore, the proposed increase is necessary to ensure that the program will remain financially solvent. Chapter 19.94 RCW authorizes the department to adopt reasonable fees for the inspection and testing services performed by the weights and measures laboratory.

     Reasons Supporting Proposal: The weights and measures program works to ensure the accuracy of weighing and measuring devices used in commerce in the state of Washington. The program's revenue is derived from both device registration and laboratory/request inspection fees. This increase in laboratory and request inspection fees would enable the program to cover the costs associated with performing 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, Implementation and Enforcement: Kirk Robinson, 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 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).

May 2, 2007

Mary A. Martin Toohey

Assistant Director

OTS-9571.1

AMENDATORY SECTION(Amending WSR 04-23-043, filed 11/10/04, effective 12/11/04)

WAC 16-675-045   What fees does the laboratory charge for the services it performs?   The metrology laboratory charges the following fees for services performed:

Service Performed	Fee
Inspection, tolerance testing and calibration services performed at the metrology laboratory	$((100.00)) 105.50 per hour
Inspection, tolerance testing and calibration services performed at other than the metrology laboratory	$((100.00)) 105.50 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

[Statutory Authority: Chapters 19.94 and 34.05 RCW. 04-23-043, § 16-675-045, filed 11/10/04, effective 12/11/04.]

     (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)) 16.80 per scale
Intermediate scales "four hundred pounds to five thousand pounds capacity"	$((53.20)) 56.10 per scale
Large scales "over five thousand pounds capacity"	$((133.02)) 140.30 per scale
Large scales with supplemental devices	$((159.62)) 168.40 per scale
Railroad track scales	$((1,064.19)) 1,123.00 per scale
Liquid fuel meters with flows of less than twenty gallons per minute	$((15.95)) 16.80 per meter
Liquid fuel meters with flows of at least twenty but not more than one hundred fifty gallons per minute	$((53.20)) 56.10 per meter
Fuel meters with flows over one hundred fifty gallons per minute	$((159.62)) 168.40 per meter
Liquid petroleum gas meters with one-inch diameter or smaller dispensers	$((53.20)) 56.10 per meter
Liquid petroleum gas meters with greater than one-inch diameter dispensers	$((159.62)) 168.40 per meter
Inspection services not covered by the above special inspection fees	$((35.91)) 37.80 per hour for labor and travel time (minimum one hour charge)

[Statutory Authority: Chapters 19.94 and 34.05 RCW. 04-23-043, § 16-675-055, filed 11/10/04, effective 12/11/04.]

© Washington State Code Reviser's Office