WSR 97-09-103

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[Filed April 23, 1997, 11:28 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-05-037.

Title of Rule: Calibration services.

Purpose: To establish a fee schedule for calibration services that will provide increased revenues to more fully support cost recovery of services provided and comply with the statutory requirements of RCW 19.94.216 which stipulate that fees shall recover seventy-five percent of the costs incurred in performing the service.

Statutory Authority for Adoption: Chapter 19.94 RCW.

Statute Being Implemented: RCW 19.94.216 and 19.94.325.

Summary: This rule provides a single hourly fee schedule which applies to all services performed by the metrology laboratory. Additional mileage and per diem costs are charged for services performed at sites other that the metrology laboratory.

Reasons Supporting Proposal: RCW 19.94.216 stipulates that the metrology laboratory shall recover at least 75% of the laboratory's costs incurred in providing services by June 30, 1998. Cost recovery with current fee schedule is approximately 42%.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Bob Arrington, 1111 Washington Street, Olympia, WA, (360) 902-1856.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: RCW 19.94.216 mandates that fees established shall recover at least 75% of the laboratory costs on or before June 30, 1998, and provides for these fees to be increased in excess of the fiscal growth factor as provided in RCW 43.135.055 for the fiscal year ending 1996, 1997, and 1998.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule establishes the fee for inspection, testing and calibration services provided by the department's metrology laboratory. RCW 19.94.216 stipulates that fees charged for services performed by the metrology laboratory would recover at least 75% of the laboratory's costs on or before June 30, 1998. Furthermore, increases in excess of the fiscal growth factor are authorized for fiscal years 1996, 1997, and 1998. The current level of fees which have been in effect since November 1995 have resulted in a 42% cost recovery. This increase in fees is an adjustment to achieve compliance with the statutory requirement.

Proposal Changes the Following Existing Rules: This proposal changes the current metrology laboratory fee schedule from $50 per hour to $65 per hour.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Fee levels that will achieve seventy-five percent cost recovery for services performed are mandated by RCW 19.94.216. Based on the current cost recovery rate of forty-two percent, this fee increase is required to achieve the statutory requirement. The proposed rule does not impose more than minor costs on businesses in an industry.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.

Hearing Location: Natural Resources Building, 2nd Floor, Room 205, 1111 Washington Street, Olympia, WA 98504, on May 27, 1997, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Cathy Jensen by May 22, 1997, TDD (360) 902-1996, or (360) 902-1976.

Submit Written Comments to: Bob Arrington, P.O. Box 42560 or 1111 Washington Street, Olympia, WA 98504-2560, FAX (360) 902-2086, by May 27, 1997, 5:00 p.m.

Date of Intended Adoption: May 29, 1997.

April 22, 1997

Julie C. Sandberg

Assistant Director

AMENDATORY SECTION (Amending Order 5084, filed 10/18/95, effective 11/18/95)

WAC 16-675-010 Purpose. The department of agriculture promulgates this chapter to implement the provisions of RCW 19.94.216(1) and 19.94.325(2) which allows the director of the state department of agriculture to establish reasonable fees for inspection, tolerance testing and calibration services performed by the metrology laboratory on weights and measures standards.

[Statutory Authority: RCW 19.94.216 and 19.94.325. 95-21-097 (Order 5084), 16-675-010, filed 10/18/95, effective 11/18/95. Statutory Authority: Chapter 19.94 RCW. 94-12-035, 16-675-010, filed 5/25/94, effective 6/25/94. Statutory Authority: RCW 19.94.190 and chapter 19.94 RCW. 90-24-004 (Order 2063), 16-675-010, filed 11/26/90, effective 12/27/90.]

AMENDATORY SECTION (Amending Order 2063, filed 11/26/90, effective 12/27/90)

WAC 16-675-020 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Department" means the department of agriculture of the state of Washington.

(2) "Director" means the director of the department or the director's duly appointed representative.

(3) "Laboratory" means ((weights and measures)) the metrology laboratory operated by the department.

(4) "Tolerance testing" means ((the allowable amount of variation from a standard)) 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.

(5) "Calibration" means the ((process of comparing weights and measures to known standards and determining if the weights and measures compare to the known standards within a tolerance allowed under chapter 19.94 RCW. This term shall also apply to the repairing of any weights or measures submitted to the laboratory.

(6) "Avoirdupois" means a system of weights and measures based on a pound containing 16 ounces, 7,000 grains or 453.59 grams.

(7) "Metric" means a decimal system of weights and measures based on the meter as a unit length and the kilogram as a unit mass)) 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.

[Statutory Authority: RCW 19.94.190 and chapter 19.94 RCW. 90-24-004 (Order 2063), 16-675-020, filed 11/26/90, effective 12/27/90.]

AMENDATORY SECTION (Amending Order 5084, filed 10/18/95, effective 11/18/95)

WAC 16-675-030 Condition of submitted weights and measures. Weights and measures standards submitted to the laboratory for tolerance testing or calibration must be in a physical condition that makes them acceptable for the service to be performed. Unacceptable weights and measures standards may be returned to the sender at the sender's expense or, if repairs can be made, these repairs shall be charged at the rate of (($50.00)) $65.00 an hour. Repair fees shall be charged in addition to any testing or other calibration fees. Repairs will only be done by written agreement between the department and the owner of the weights or measures to be repaired.

[Statutory Authority: RCW 19.94.216 and 19.94.325. 95-21-097 (Order 5084), 16-675-030, filed 10/18/95, effective 11/18/95. Statutory Authority: Chapter 19.94 RCW. 94-12-035, 16-675-030, filed 5/25/94, effective 6/25/94. Statutory Authority: RCW 19.94.190 and chapter 19.94 RCW. 90-24-004 (Order 2063), 16-675-030, filed 11/26/90, effective 12/27/90.]

AMENDATORY SECTION (Amending Order 5084, filed 10/18/95, effective 11/18/95)

WAC 16-675-040 Schedule of laboratory fees. The following fees will be charged for services performed by the metrology laboratory of the department:

(1) An hourly fee of ((fifty)) sixty-five dollars per hour will be charged for inspection, tolerance testing and calibration services performed at the metrology laboratory.

(2) Inspection, tolerance testing and calibration services performed at other than the metrology laboratory will be charged an hourly rate of ((fifty)) sixty-five dollars per hour plus the current mileage and per diem rates established by the office of financial management.

(3) There will be a minimum one-half hour charge for any services provided by the laboratory.

[Statutory Authority: RCW 19.94.216 and 19.94.325. 95-21-097 (Order 5084), 16-675-040, filed 10/18/95, effective 11/18/95. Statutory Authority: Chapter 19.94 RCW. 94-12-035, 16-675-040, filed 5/25/94, effective 6/25/94. Statutory Authority: RCW 19.94.190 and chapter 19.94 RCW. 90-24-004 (Order 2063), 16-675-040, filed 11/26/90, effective 12/27/90.]

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