WSR 17-11-131
PROPOSED RULES
DEPARTMENT OF AGRICULTURE
[Filed May 24, 2017, 6:46 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-07-128.
Title of Rule and Other Identifying Information: WAC 16-501-005 Definitions (WSDA procedural rules - commodity boards or commissions).
Hearing Location(s): Washington State Department of Agriculture, Natural Resources Building, 1111 Washington Street S.E., Conference Room 205, Olympia, WA 98504-2560, on June 27, 2017, at 2:00 p.m.
Date of Intended Adoption: July 11, 2017.
Submit Written Comments to: Henri Gonzales, Agency Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, email wsdarulescomments@agr.wa.gov, fax (360) 902-2094, by June 27, 2017.
Assistance for Persons with Disabilities: Contact agency receptionist by June 20, 2017, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The director has established, by rule, a method to fund administrative staff support given by the department to all commodity boards and commodity commissions. The board or commission's annual contribution to the department for administrative support is formulated based on the previous year's assessments received by those boards or commissions. In order to distribute administrative support costs fairly, the department is proposing including revenue collected by the beer commission from beer festivals to the base formula to determine a board or commission's contribution.
Reasons Supporting Proposal: The majority of the beer commission's funds come from revenue collected from beer festivals, rather than from assessments. The proposed amendment includes festival revenue to the commission's financial contribution in order to more fairly distribute costs to all commodity commissions.
Statutory Authority for Adoption: RCW 43.23.025, 15.89.150, and chapter 34.05 RCW.
Statute Being Implemented: Chapter 15.89 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 and Implementation: Teresa Norman, 1111 Washington Street S.E., Olympia, WA 98504-2560, (360) 902-2043; and Enforcement: Elizabeth McNagny, 1111 Washington Street S.E., Olympia, WA 98504-2560, (360) 902-1809.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule making affects only state agencies (commodity commissions). No businesses are impacted.
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 24, 2017
Kirk Robinson
Deputy Director
AMENDATORY SECTION (Amending WSR 02-16-045, filed 8/1/02, effective 9/1/02)
WAC 16-501-005 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout the chapter:
"Assessment level" means the total annual assessment collected by an agricultural commodity board or commission under the provisions of its marketing order or authorizing statute. For the Washington beer commission, "assessment level" includes revenue collected from commission-sponsored beer festivals in addition to the total annual assessment collected by the commission.
"Department" means the Washington state department of agriculture (WSDA).
"Total financial contribution" means the contributions from all agricultural commodity boards and commissions to cover one-half the annual salary and benefits of the department's commodity commission coordinator for commodity boards and commissions plus the annual costs for goods and services, travel, training and equipment necessary to support the commodity commission coordinator.