Date of Adoption: May 6, 2003.

     Purpose: Chapter 16-470 WAC, Quarantine -- Agricultural pests, this rule-making order adopts the fees charged for the plant pest detection, testing, inspection and documentation by the pest and plant services programs for fiscal years 2003 and 2004. Except for virus identity determinations, the fee schedules in WAC 16-470-912 and 16-470-917 increase plant pathology fees by the Office of Financial Management fiscal growth factor for fiscal year 2003 (3.29%), effective until June 30, 2003, and fiscal year 2004 (3.2%), effective July 1, 2003. For virus identity determinations, the fee for 1-9 samples will be charged at cost, the fee for 10-99 samples is decreased significantly, and the fee for 100+ samples is increased within the fiscal growth factors. The adopted amendments also clarify the requirements for services provided by written agreement. In addition, this order repeals WAC 16-470-911 and 16-470-916 because they are no longer needed. Finally, as required by Executive Order 97-02, WAC 16-470-905, 16-470-912, 16-470-917, and 16-470-921 are rewritten to improve their clarity.

     Citation of Existing Rules Affected by this Order: Repealing WAC 16-470-911 and 16-470-916; and amending WAC 16-470-905, 16-470-912, 16-470-917, and 16-470-921.

     Statutory Authority for Adoption: Chapters 17.24 and 34.05 RCW.

      Adopted under notice filed as WSR 03-07-092 on March 19, 2003.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 2.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 4, Repealed 2.
     Effective Date of Rule: June 30, 2003.

May 6, 2003

Valoria H. Loveland

Director

OTS-6264.2

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

WAC 16-470-905   Schedule of fees and charges -- Establishing hourly rates.   (1) Requested services are provided at the applicable hourly rate except as provided in ((WAC 16-470-905)) subsection (5) of this section. The hourly rate for nonbusiness hours applies for service provided before 8:00 a.m. or after 5:00 p.m. during the ((work day)) workday and for all services provided on Saturday, Sunday, or on a holiday listed in subsection (2) of this section.

     (2) Holidays shall mean New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day immediately following Thanksgiving Day, Veteran's Day, Christmas Day, President's Day, and Martin Luther King's Birthday.

     (3) Charges are assessed in one-half hour increments.

     (4) Persons requesting service with less than twenty-four hours notice during nonbusiness hours, may be subject to a charge of two additional hours at the nonbusiness hourly rate if the department is required to pay call back pay to the employee(s) providing the requested service.

     (5) ((For large projects,)) The department reserves the right to provide service by written agreement at a single, negotiated cost or at a negotiated rate for projects with one of the following characteristics:

     (a) Projects requiring multiple periodic inspections and/or certificates; or

     (b) Projects requiring field inspections of crops not regulated under chapter 15.13 or 15.14 RCW.

     The rate charged shall not be less than the cost to the department of providing the services.

[Statutory Authority: Chapter 17.24 RCW. 99-12-035, § 16-470-905, filed 5/26/99, effective 6/26/99; 92-07-023, § 16-470-905, filed 3/10/92, effective 4/10/92.]

     (((a) Business hours . . . . . . . . . . . . $28.40

     (b) Nonbusiness hours (see WAC 16-407-905) . . . . . . . . . . . . $36.30))

	Effective until June 30, 2003		Effective July 1, 2003
Hourly rate - business hours	$29.33		$30.20
Hourly rate - nonbusiness hours	$37.49		$38.60

     (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:

Effective until June 30, 2003
Identity Determi- nation	1 sample	5 samples	10 samples	50 samples	100+samples
virus (ELISA)	(($85.30 ea)) At cost	(($62.45 ea)) At cost	$((47.70)) 9.70 ea	$((18.10)) 4.85 ea	$((2.75)) 2.84 ea
bacteria	((37.60)) 38.83 ea	((36.30)) 37.49 ea	((34.05)) 35.17 ea	((32.90)) 33.98 ea	((32.90)) 33.98 ea
fungus	((39.75)) 41.05 ea	((34.05)) 35.17 ea	((32.90)) 33.98 ea	((31.80)) 32.84 ea	((29.50)) 30.47 ea
nematode	((29.50)) 30.47 ea	((27.20)) 28.09 ea	((24.95)) 25.77 ea	((24.90)) 25.71 ea	((22.70)) 23.44 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.

Effective July 1, 2003
Identity Determi- nation	1 sample	5 samples	10 samples	50 samples	100+samples
virus (ELISA)	At cost	At cost	$10.00 ea	$5.00 ea	$2.90 ea
bacteria	40.05 ea	38.65 ea	36.25 ea	35.05 ea	35.05 ea
fungus	42.35 ea	36.25 ea	35.05 ea	33.85 ea	31.40 ea
nematode	31.40 ea	28.95 ea	26.55 ea	25.90 ea	24.15 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) ((For large projects,)) 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 and 15.14 RCW. 01-11-033, § 16-470-912, filed 5/8/01, effective 6/8/01.]

(( . . . . . . . . . . . . $56.80))

     (a) Effective until June 30, 2003. . . . . $58.66

     (b) Effective July 1, 2003. . . . . $60.50

     (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 15.14 RCW. 01-11-033, § 16-470-917, filed 5/8/01, effective 6/8/01.]

     (2) Postage, special handling services and other miscellaneous costs exceeding five dollars ((are)) will be charged back to the applicant at the actual cost.

     (3) Certificates of inspection, phytosanitary certificates, and other official documents ((are)) will be provided to the applicant subject to the charges and conditions established in chapter 16-401 WAC.

[Statutory Authority: Chapters 17.24 and 15.14 RCW. 01-11-033, § 16-470-921, filed 5/8/01, effective 6/8/01. Statutory Authority: Chapter 17.24 RCW. 99-12-035, § 16-470-921, filed 5/26/99, effective 6/26/99.]

     The following sections of the Washington Administrative Code are repealed:

WAC 16-470-911	Schedule of fees and charges -- Applicable fees and charges -- Effective June 30, 2001.
WAC 16-470-916	Schedule of fees and charges -- Fees for post entry inspection services -- Effective June 30, 2001.

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