WSR 17-11-081

PERMANENT RULES

[Filed May 18, 2017, 3:41 p.m., effective June 18, 2017]

Effective Date of Rule: Thirty-one days after filing.

Purpose: This proposed change is part of a process to consolidate all agency fees into a single location to make it easier for affected parties to locate applicable fees. It will remove fees from the rule and establish a process for public notice and board consideration of changes without going through the complicated and lengthy rule-making process. The procedure for adoption and revision of the Consolidated Fee Schedule is provided for under SWCAA 400-098.

Citation of Existing Rules Affected by this Order: Amending SWCAA 492-050.

Statutory Authority for Adoption: RCW 70.94.141.

Adopted under notice filed as WSR 17-04-110 on February 1, 2017.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: May 4, 2017.

Uri Papish

Executive Director

AMENDATORY SECTION (Amending WSR 95-10-003, filed 4/20/95, effective 5/21/95)

(1) Each blender who offers for sale, sells, or dispenses gasoline in the ((Authority's)) Agency's control area shall register with the ((Authority)) Agency each year. Each request for registration shall be on forms supplied by the ((Authority)) Agency and shall be accompanied by a fee to compensate for the cost of administering the registration program, including on-site inspections necessary to verify compliance with these requirements. The location of each blender facility shall be included in the information provided by the blender at registration. The fee for a control area shall be based on the volume of oxygenated gasoline sold or offered for sale by the blender in that control area to comply with the provisions of SWCAA 492-040. Applicable fees are required to be paid in full by October 1 of each year or within 30 days after becoming a blender, whichever occurs later. Fees shall be paid as provided in the current Consolidated Fee Schedule established in accordance with SWCAA 400-098. ((The following fee table shall apply to blenders:

(2) The total annual oxygenated fuel fees collected and retained by the ((Authority)) Agency under this program shall not exceed $40,000. When the total fees submitted by all blenders on October 1 of each year exceeds $40,000, there shall be a refunding of the excess fees collected by the ((Authority)) Agency. The refund provided to each blender shall be derived by prorating the excess fees based on that company's ratio of its volume of oxygenate blended to the total volume of all oxygenate blended. Such refund shall be issued by the ((Authority)) Agency by December 1 of each year and is applicable to all types of oxygenates.