Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-06-109.

     Title of Rule and Other Identifying Information: Chapter 16-470 WAC, Quarantine -- Agricultural pests (WAC 16-470-900 through 16-470-917). This proposal amends WAC 16-470-912 and 16-470-917 by increasing the plant pathology laboratory diagnostic fees, hourly fees, and post entry inspection fee within the Office of Financial Management (OFM) fiscal growth factor for fiscal year 2006 (2.82%). In addition, this proposal amends WAC 16-470-900 by increasing the penalty charge for past due accounts to make it consistent with charges related to other program rules.

     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 May 24, 2005, at 10:30 a.m.

     Date of Intended Adoption: May 31, 2005.

     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 May 24, 2005.

     Assistance for Persons with Disabilities: Contact Henri Gonzales by May 17, 2005, TTY (360) 902-1996.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal increases the plant pathology laboratory diagnostic fees, hourly fees, and post entry inspection fee by the fiscal growth factor of 2.82% for fiscal year 2006. This fee increase is necessary because current fee levels do not cover the costs of providing plant pathology 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. The proposal also increases the penalty charge for past due accounts to make it consistent with the amount charged by other agency programs.

     Reasons Supporting Proposal: Current fee levels are not adequate to cover the costs of providing plant pathology 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 with the support of the Nursery Advisory Committee, governmental.

     Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street S.E., Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Tom Wessels, 1111 Washington Street S.E., 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 businesses in an industry. The department has analyzed the economic effects of the proposed fee increases, which are based upon the OFM fiscal growth rate factor for 2006, and has concluded that they will not impose a more than minor cost on 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).

April 20, 2005

Mary A. Martin Toohey

Assistant Director

OTS-7941.1

AMENDATORY SECTION(Amending WSR 99-12-035, filed 5/26/99, effective 6/26/99)

WAC 16-470-900   Schedule of fees and charges -- Billing policies and procedures.   (1) All billable services provided under chapter 17.24 RCW are due and payable upon billing by the department. For the convenience of established accounts and in accord with good business practices, the department provides a monthly billing. Accounts not paid in full within thirty days of billing are considered delinquent.

     (2) All delinquent accounts are assessed a late charge equal to one and one-half percent per month, or portion of a month, on the unpaid balance.

     (3) Except for established accounts where there is a reasonable expectation of additional charges during a calendar month, the minimum billable amount through the monthly billing system is twenty dollars. All billable services of less than twenty dollars are due and payable on the date that service is rendered.

     (4) No person with an account ninety days or more in arrears will receive service except on the basis of payment in full at the time service is rendered. Such accounts are not restored to monthly billing status until all past due amounts are paid-in-full. Such accounts may be subject to legal action for collection.

     (5) Accounts that become ninety days or more in arrears twice within a five-year period may be subject to a permanent requirement for payment in full at the time service is provided.

[Statutory Authority: Chapter 17.24 RCW. 99-12-035, § 16-470-900, filed 5/26/99, effective 6/26/99; 92-07-023, § 16-470-900, filed 3/10/92, effective 4/10/92.]

Hourly rate - business hours	$((31.10)) 31.95
Hourly rate - nonbusiness hours	$((39.70)) 40.80

     (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) Plant pathology laboratory diagnostic fees are as follows:

Identity Determination	1 sample	5 samples	10 samples	50 samples	100+ samples
virus (ELISA)	At cost	At cost	$((10.30)) 10.55 ea	$((5.10)) 5.20 ea	$((2.95)) 3.00 ea
bacteria	((41.20)) 42.35 ea	((39.80)) 40.90 ea	((37.30)) 38.35 ea	((36.10)) 37.10 ea	((36.10)) 37.10 ea
fungus	((43.60)) 44.80 ea	((37.30)) 38.35 ea	((36.10)) 37.10 ea	((34.80)) 35.75 ea	((32.30)) 33.20 ea
nematode	((32.30)) 33.20 ea	((29.80)) 30.60 ea	((27.30)) 28.05 ea	((26.60)) 27.35 ea	((24.80)) 25.45 ea

Note:

To receive volume rates, samples must be submitted as a unit and identification requests must be for one specific virus, bacterium, fungus, or nematode. Samples tested for multiple pathogens will be considered as multiple samples unless all pathogens 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, 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.]

     (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. 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.]

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