WSR 20-10-018
EXPEDITED RULES
DEPARTMENT OF AGRICULTURE
[Filed April 27, 2020, 10:53 a.m.]
Title of Rule and Other Identifying Information: Chapter 16-730 WAC, Asparagus equipment lease program; and chapter 16-731 WAC, Asparagus grower equipment lease program.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to repeal chapter 16-730 WAC, Asparagus equipment lease program, which provides the procedural rules for the Washington state department of agriculture (department/DOA) to expend a one-time appropriation under section 308, chapter 276, Laws of 2004. The department is also proposing to repeal chapter 16-731 WAC, Asparagus grower equipment lease program, which provides the procedural rules for the department to expend another one-time appropriation under section 3217, chapter 520, Laws of 2007. The funds are expended and the programs no longer exist.
Reasons Supporting Proposal: In 2004, the Washington state legislature appropriated funds to the department to purchase packing equipment for agricultural products and to negotiate an agreement with the agricultural industry for the use of that equipment. The department implemented this directive by establishing procedural rules for the asparagus equipment leasing program under chapter 16-730 WAC. In 2007, the Washington state legislature appropriated additional funds to extend and expand the department's asparagus automation and mechanization program. The department implemented this directive by establishing procedural rules under chapter 16-731 WAC. The asparagus equipment lease program was intended as a time-limited program. No additional funds have been appropriated for the purchase of new equipment and the asparagus industry agrees that this program is no longer necessary. Therefore, rules are no longer needed.
Statutory Authority for Adoption: RCW
43.17.060.
Statute Being Implemented: Chapter
43.17 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DOA, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Teresa Norman, 1111 Washington Street S.E., Olympia, 360-902-2043; Enforcement: Hannah Flournoy, 1111 Washington Street S.E., Olympia, 360-902-1809.
This notice meets the following criteria to use the expedited repeal process for these rules:
The rule is no longer necessary because of changed circumstances.
Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: These chapters of WAC provide the procedural rules for the department to expend two, one-time appropriations from the Washington state legislature to implement an asparagus equipment leasing program. The funds are expended and the programs no longer exist.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Gloriann Robinson, Agency Rules Coordinator, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, phone 360-902-1802, fax 360-902-2092, email wsdarulescomments@agr.wa.gov, AND RECEIVED BY July 6, 2020.
April 27, 2020
Jason Ferrante
Associate Deputy Director
REPEALER
The following chapter of the Washington Administrative Code is repealed:
WAC 16-730-005 | What is the purpose of the asparagus equipment lease program? |
WAC 16-730-007 | How does the department ensure that program participants comply with the program's purpose? |
WAC 16-730-010 | What definitions are important to this chapter? |
WAC 16-730-015 | How will the asparagus equipment leasing program be administered? |
WAC 16-730-020 | Who is eligible to participate in the asparagus equipment leasing program? |
WAC 16-730-025 | How does an eligible asparagus handler/packer apply to the equipment leasing program? |
WAC 16-730-030 | When will an applicant know if they have been approved to participate in the equipment leasing program? |
WAC 16-730-035 | If an application is denied, can the applicant request a review of the director's decision? |
WAC 16-730-040 | If an applicant's initial application is disapproved, can the applicant reapply to the equipment leasing program? |
WAC 16-730-045 | What is the process the program will follow to distribute equipment leasing money to approved applicants? |
WAC 16-730-050 | How will the program's equipment leasing money be allocated in 2004? |
WAC 16-730-055 | For the initial leasing program, what are the base distribution amounts for each category of handler/packers? |
WAC 16-730-060 | What requirements apply to equipment leasing program lease agreements? |
WAC 16-730-062 | What happens if an approved handler/packer defaults on a lease? |
WAC 16-730-065 | How long will the initial asparagus equipment leasing program be in operation? |
WAC 16-730-070 | Who develops the depreciation schedules for the program's leased equipment? |
WAC 16-730-075 | Will the equipment used in the asparagus equipment leasing program be offered for sale to the handler/packer who leased it? |
REPEALER
The following chapter of the Washington Administrative Code is repealed:
WAC 16-731-010 | What is the purpose of the asparagus grower equipment lease program? |
WAC 16-731-020 | How does the department ensure that program participants comply with the program's purpose? |
WAC 16-731-030 | What definitions are important to this chapter? |
WAC 16-731-040 | How will the asparagus grower equipment leasing program be administered? |
WAC 16-731-050 | Who is eligible to participate in the asparagus grower equipment leasing program? |
WAC 16-731-060 | How does an eligible asparagus grower apply to the equipment leasing program? |
WAC 16-731-070 | How will applicants be selected to participate in the equipment leasing program? |
WAC 16-731-080 | If an application is not selected, can the applicant request a review of the director's decision? |
WAC 16-731-090 | If an applicant's initial application is not selected, can the applicant reapply to the equipment leasing program? |
WAC 16-731-100 | How will the program distribute equipment leasing funds? |
WAC 16-731-110 | How will the program's equipment leasing funds be allocated? |
WAC 16-731-120 | For the leasing program, what are the maximum distribution amounts for each successful grower applicant? |
WAC 16-731-130 | What requirements apply to equipment leasing program lease agreements? |
WAC 16-731-140 | What happens if a selected asparagus grower defaults on a lease? |
WAC 16-731-150 | How long will the asparagus grower equipment leasing program be in operation? |
WAC 16-731-160 | Who develops the depreciation schedules for the program's leased equipment? |
WAC 16-731-170 | Will the equipment used in the asparagus grower equipment leasing program be offered for sale to the grower who leased it? |