WSR 02-12-129

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed June 5, 2002, 10:20 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-08-083.

Title of Rule: Chapter 16-675 WAC, Calibration services.

Purpose: This rule would increase fees for service in the Washington State Department of Agriculture (WSDA) weights and measures program to offset the costs of furnishing the services. The fees will increase within the fiscal growth factor for Fiscal Year 2003. The rule title would also be changed to read, "Calibration Services, Special Inspection and Testing Fees." The department will move sections currently located in chapter 16-674 WAC establishing fees for special inspections and tests and fees for railroad track scales to this WAC. When this change is implemented fees established in rule for weights and measures services will be consolidated in a single chapter. The text will be amended to clear and readable format and updated to conform to current standards.

Statutory Authority for Adoption: RCW 19.94.216, 19.94.315.

Statute Being Implemented: Chapter 19.94 RCW.

Summary: This rule establishes the fees for calibration services, special inspections and tests and for railroad track scales. The fees will be increased by the fiscal growth factor for Fiscal Year 2003. Sections dealing with fees for special inspections and tests and sections dealing with railroad track scales will be moved from chapter 16-674 WAC to this chapter.

Reasons Supporting Proposal: Fees for services provided by the weights and measures program will be increased by the fiscal growth factor for Fiscal Year 2003 to offset the increased cost of providing these services. The sections addressing these fees will be placed in one chapter and the language will be amended to a clear and readable format.

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

Name of Proponent: Washington State Department of Agriculture, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule change will increase fees for service in the WSDA weights and measures program to offset the costs of furnishing the services. The change will also move sections currently located in chapter 16-674 WAC establishing fees for special inspections and tests and sections dealing with railroad track scales to this WAC. When this change is implemented fees established in rule for weights and measures services will be consolidated in a single chapter. The text will be amended to clear and readable format and updated to conform to current standards.

Proposal Changes the Following Existing Rules: This rule change will increase fees for services provided by the weights and measures program and consolidates provisions regarding fees charged by the program into a single rule.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule change does not require a statement because it does not impose additional costs to small businesses.

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, 1111 Washington Street, 2nd Floor, Room 205, Olympia, WA 98504, on July 11, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Jodi Jones by July 3, 2002, TDD (360) 902-1996, or (360) 902-1806.

Submit Written Comments to: Washington State Department of Agriculture, Weights and Measures, Jerry Buendel, Program Manager, P.O. Box 42560, or 1111 Washington Street, Olympia, WA 98504-2506, Jbuendel@agr.wa.gov, fax (360) 902-2086, by close of business July 11, 2002.

Date of Intended Adoption: July 22, 2002.

June 5, 2002

Mary A. Martin Toohey

Assistant Director

OTS-5656.1

Chapter 16-675 WAC

CALIBRATION SERVICES, SPECIAL INSPECTION AND TESTING FEES


AMENDATORY SECTION(Amending WSR 97-12-024, filed 5/29/97, effective 6/29/97)

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. This chapter also implements the provisions of RCW 19.94.175(3) which allows the director to establish inspection and testing fees for weighing and measuring devices specially requested to be inspected or tested by the device owner.

[Statutory Authority: RCW 19.94.216 and 19.94.325. 97-12-024, 16-675-010, filed 5/29/97, effective 6/29/97; 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 WSR 98-12-030, filed 5/28/98, effective 6/28/98)

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 seventy-five dollars an hour. Effective August 1, 2002, the rate will be $77.46 per 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. 98-12-030, 16-675-030, filed 5/28/98, effective 6/28/98. Statutory Authority: RCW 19.94.216 and 19.94.325. 97-12-024, 16-675-030, filed 5/29/97, effective 6/29/97; 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 WSR 98-12-030, filed 5/28/98, effective 6/28/98)

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 seventy-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 seventy-five dollars per hour plus the current mileage and per diem rates established by the office of financial management. Effective August 1, 2002, the hourly rate will be $77.46 per hour.

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

[Statutory Authority: RCW 19.94.216. 98-12-030, 16-675-040, filed 5/28/98, effective 6/28/98. Statutory Authority: RCW 19.94.216 and 19.94.325. 97-12-024, 16-675-040, filed 5/29/97, effective 6/29/97; 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.]


NEW SECTION
WAC 16-675-050   Special inspection and testing fees.   (1) The following fees shall be charged for the inspection and testing of weighing or measuring instruments or devices specially requested to be inspected or tested by the device owner or his/her representative:

Weighing and Measuring Device
Device Fee Fee Effective August 1, 2002
Small scales "zero to four hundred pounds capacity" $15.00 $15.49
Intermediate scales "four hundred pounds to five thousand pounds capacity" $50.00 $51.64
Large scales "over five thousand pounds capacity" $125.00 $129.11
Large scales with supplemental devices $150.00 $154.93
Railroad track scales $1,000.00 $1,032.90
Liquid fuel meters with flows of less than twenty gallons per minute $15.00 $15.49
Liquid fuel meters with flows of twenty but not more than one hundred fifty gallons per minute $50.00 $51.64
Fuel meters with flows over one hundred fifty gallons per minute $150.00 $154.93
Liquid petroleum gas meters with one inch diameter or smaller dispensers $50.00 $51.64
Liquid petroleum gas meters with greater than one inch diameter dispensers $150.00 $154.93

(2) The fees to be charged for the inspection of any device used in an agency or institution to which moneys are appropriated by the legislature or of the federal government shall be the same fees as those that are listed above.

(3) For inspection services not covered under the above special inspection fee schedule, the department shall charge a fee of $33.75 per hour for labor and travel time. Effective August 1, 2002, the hourly rate will be $34.86 per hour. There will be a minimum one-hour charge for these services.

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NEW SECTION
WAC 16-675-060   Fees for railroad track scales.   All railroad track scale owners in this state shall provide suitable facilities for testing track scales. Track scale owners shall provide a suitable car or other device or facility to be used in testing track scales. The cost of providing and maintaining the car, device, or facility shall be equitably and reasonably apportioned by the department among all railroad track scale owners. The car, device, or facility shall be used by the department to test the accuracy of all track scales and the railroad companies shall, without charge, move the car, device, or facility to locations designated by the department.

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Washington State Code Reviser's Office