WSR 02-14-127

EMERGENCY RULES

DEPARTMENT OF AGRICULTURE


[ Filed July 2, 2002, 2:31 p.m. ]

     Date of Adoption: July 1, 2002.

     Purpose: These emergency rules implement chapter 322, Laws of 2002 (SSB 6254) by:

•     Repealing WAC 16-458-080 Fruit and vegetable district three (Moses Lake district) to comply with the statutory mandate that the state be divided into not less than two fruit and vegetable inspection districts.

•     Amending WAC 16-458-075 Fruit and vegetable district two (Yakima) and 16-458-085 Fruit and vegetable district four (Wenatchee) to divide Moses Lake district three between district two and district four. By eliminating Moses Lake district three the fruit and vegetable inspection program operating expenses will decrease due to the elimination of two management and three clerical positions.

•     Adopting a new section, WAC 16-400-008, which reduces fees charged for inspection services in the area served by Moses Lake district three (as defined in rule on January 1, 2000) by nine and one-half percent (except for inspection charges accrued on FV-300 and FV-301 certificates). This fee reduction begins July 1, 2002, and remains in effect through June 30, 2003, at which time the fees return to the level of fees established in chapter 16-400 WAC. WAC 16-400-008 also reduces fees charged for inspection services in the area served by Yakima district two (as defined by rule on January 1, 2002) by twelve and one-half percent (except for inspection charges accrued on FV-300 and FV-301 certificates). This reduction begins July 1, 2002, and continues until the conditions established in chapter 322, Laws of 2002 (SSB 6254) are met, at which time the fees return to the level of fees established in chapter 16-400 WAC.

     Citation of Existing Rules Affected by this Order: Chapters 16-400 and 16-458 WAC; repealing WAC 16-458-080; and amending WAC 16-458-075 and 16-458-085.

     Statutory Authority for Adoption: Chapter 15.17 RCW.

     Other Authority: RCW 34.05.350 and 34.05.380(2).

     Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

     Reasons for this Finding: To implement chapter 322, Laws of 2002 (SSB 6254) passed by the 57th legislature and signed by Governor Locke on April 2, 2002, with an effective date of July 1, 2002.

     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 1, Amended 2, Repealed 1.

     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 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, 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 1, Amended 2, Repealed 1.
     Effective Date of Rule: Immediately.

July 1, 2002

Valoria H. Loveland

Director

OTS-5795.2


NEW SECTION
WAC 16-400-008   Reduction of inspection fees levied under this chapter.   All inspection fees levied under this chapter shall be reduced as follows:

     (1) Fees charged for inspection services in the area served by the Moses Lake District number three (as the district was constituted by rule on January 1, 2002*) shall be reduced by nine and one-half percent, except for inspection charges accrued on FV-300 and FV-301 certificates. The fee reduction shall begin July 1, 2002, and remain in effect through June 30, 2003, at which time the fees charged shall return to the level of fees adopted in this chapter.

Note: On January 1, 2002, Moses Lake District three consisted of all counties located west of the Cascade Mountains, Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grant, Lincoln, Pend Oreille, Spokane, Stevens, Walla Walla and Whitman counties, and that portion of Benton County lying south and east of the Sellards Road, from its junction with Yakima County on the west thence east to the center line of Range 27E, thence north to the Columbia River; this excludes the Benton City, Kiona and Prosser areas.

     (2) Fees charged for inspection services in the area served by the Yakima District number two (as the district was constituted by rule on January 1, 2002*) shall be reduced by twelve and one-half percent, except for inspection charges accrued on FV-300 and FV-301 certificates. The fee reduction shall begin July 1, 2002, and continue until the conditions established in chapter 322, Laws of 2002 (SSB 6254) are met at which time the fees charged shall return to the level of fees adopted in this chapter.

Note: On January 1, 2002, Yakima District two consisted of Kittitas, Klickitat, Skamania, Yakima and that portion of Benton County lying west of a line running south from the Columbia River known as the center line of Range 27E, and north of Sellards Road from its junction with Range 27E on the east, thence west to the Yakima County line; this includes the Prosser, Kiona, and Benton City areas.

[]

OTS-5612.2


AMENDATORY SECTION(Amending WSR 99-17-002, filed 8/4/99, effective 9/4/99)

WAC 16-458-075   Fruit and vegetable district two.   Fruit and vegetable district two shall consist of Kittitas, Klickitat, Skamania, Yakima ((and that portion of Benton County lying west of a line running south from the Columbia River known as the center line of Range 27E, and north of Sellards Road from its junction with Range 27E on the east, thence west to the Yakima County line; this includes the Prosser, Kiona, and Benton City areas)), Pacific, Lewis, Wahkiakum, Cowlitz, Clark, Benton, Franklin, Walla Walla, Columbia, Asotin, Whitman and Garfield counties.

[Statutory Authority: Chapter 15.17 RCW. 99-17-002, § 16-458-075, filed 8/4/99, effective 9/4/99; Order 1471, § 16-458-075, filed 7/2/76.]


AMENDATORY SECTION(Amending WSR 99-17-002, filed 8/4/99, effective 9/4/99)

WAC 16-458-085   Fruit and vegetable district four.   Fruit and vegetable district four shall consist of Grays Harbor, Jefferson, Clallam, Island, Mason, Kitsap, Pierce, Thurston, King, Snohomish, Skagit, Grant, Adams, Ferry, Pend Oreille, Stevens, Spokane, Lincoln, San Juan, Whatcom, Chelan, Douglas and Okanogan counties.

[Statutory Authority: Chapter 15.17 RCW. 99-17-002, § 16-458-085, filed 8/4/99, effective 9/4/99; Order 1471, § 16-458-085, filed 7/2/76.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 16-458-080 Fruit and vegetable district three.

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