Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-06-110.

     Title of Rule and Other Identifying Information: Chapter 16-401 WAC, Nursery inspection fees, this proposal increases the nursery inspection and nursery dealer license fees by the Office of Financial Management (OFM) fiscal growth factor for fiscal year 2006 (2.82%). In addition, this proposal amends the current language to increase its clarity and readability.

     Hearing Location(s): Washington State Department of Agriculture, 1111 Washington Street S.E., Natural Resources Building, 2nd Floor, Conference Room 205, Olympia, WA 98504-2560, on May 24, 2005, at 10:30 a.m.

     Date of Intended Adoption: May 31, 2005.

     Submit Written Comments to: Henri Gonzales, P.O. Box 42560, Olympia, WA 98504-2560, e-mail hgonzales@agr.wa.gov, fax (360) 902-2094, by May 24, 2005.

     Assistance for Persons with Disabilities: Contact Henri Gonzales by May 17, 2005, TTY (360) 902-1996.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule establishes the fees charged by the plant services program for activities authorized in chapter 15.13 RCW. This proposal increases the nursery inspection and nursery dealer license fees by 2.82%, which is the OFM fiscal growth factor for fiscal year 2006. Current fees are not adequate to cover the costs of providing nursery inspection services; therefore, the proposed increases are necessary to ensure that the program will remain financially solvent. RCW 15.13.260(4) and 15.14.015(11) authorize the director of the Washington State Department of Agriculture to establish fees to cover the cost of providing inspection services.

     Reasons Supporting Proposal: Current fee levels are not adequate to cover the costs of providing nursery inspection services. The Nursery Advisory Committee, which is appointed by the director of the Department of Agriculture to represent the interests of the nursery industry, supports the proposal.

     Statutory Authority for Adoption: Chapters 15.13, 15.14, and 34.05 RCW.

     Statute Being Implemented: Chapters 15.13 and 15.14 RCW.

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

     Name of Proponent: Washington State Department of Agriculture with the support of the Nursery Advisory Committee, governmental.

     Name of Agency Personnel Responsible for Drafting: Mary Toohey, 1111 Washington Street S.E., Olympia, WA 98504-2560, (360) 902-1907; Implementation and Enforcement: Tom Wessels, 1111 Washington Street S.E., Olympia, WA 98504-2560, (360) 902-1984.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires that an agency must prepare a small business economic impact statement (SBEIS) for proposed rules that impose a more than minor cost on businesses in an industry. The department has analyzed the economic effects of the proposed fee increases, which are based upon the OFM fiscal growth rate factor for 2006, and has concluded that they do not impose a more than minor cost on the regulated industry and, therefore, a formal SBEIS is not required.

     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).

April 20, 2005

Mary A. Martin Toohey

Assistant Director

OTS-7940.2

AMENDATORY SECTION(Amending WSR 04-17-037, filed 8/10/04, effective 9/10/04)

WAC 16-401-027   Schedule of fees and charges -- Applicable rates and charges.   The following rates apply for requested inspection services:

(1) Fee or Charge:
Hourly rate -- business hours	$((31.10)) 31.95
Hourly rate -- nonbusiness hours	$((39.70)) 40.80
Certificate issued at time ((if)) of inspection	No charge
Certificate issued more than twenty-four hours after the inspection	$((14.80)) 15.20
Additional certificates	$((4.70)) 4.80
Fumigation lot or container fee	$((12.40)) 12.70
Certificate of plant health for noncommercial movement	$((6.10)) 6.25
Compliance agreement	$((31.10)) 31.95
Inspection tags or stickers (lots of 250)	$((6.10)) 6.25 per lot
Inspection tags or stickers (minimum 10)	$0.28 each

     (2) Mileage at the established office of financial management rate (schedule A), per diem at actual cost, and travel time at the applicable hourly rate may be assessed for requested inspections that are not a part of a regular work schedule. Such charge may be prorated among applicants if more than one applicant is provided service during a workday or trip when mileage and/or per diem are applicable.

     (3) Inspections for phytosanitary certification, including growing season field inspections, are provided at the applicable hourly rate provided in subsection (1) of this section except where an alternate certification inspection fee is provided in statute, in rule, or by a written agreement between the department and an industry entity, university, or public agency. When growing season field inspections for phytosanitary certification and regulatory inspections are performed simultaneously, the first two hours of inspection each calendar year for nurseries licensed under WAC 16-401-041 (1)(b) or (2)(a); and the first four hours of inspection per calendar year for nurseries licensed under WAC 16-401-041 (1)(c) or (2)(b), are without charge.

     There is no additional charge for the first phytosanitary certificate issued at the time of the inspection.

     (4) Inspection and certification of nonplant material or equipment for sanitation (freedom from soil or pests) by visual examination or through witnessing a prescribed treatment (steam cleaning, hydro-washing, etc.) is charged at the applicable hourly rate.

     (5) Witnessing and certification of fumigation is charged at the applicable hourly rate, plus a per lot or container fee.

     (6) The department may issue a certificate of plant health for noncommercial movement of plant materials between states by unlicensed persons, up to a maximum of five plants, and provided that the plants are brought to a plant services office for inspection.

Note:

When two or more types of inspection, provided in this section, are performed simultaneously, only one hourly rate applies. One certificate for one service is issued at no charge.

[Statutory Authority: Chapters 15.13, 15.14, and 34.05 RCW. 04-17-037, § 16-401-027, filed 8/10/04, effective 9/10/04. Statutory Authority: Chapters 15.13, 15.14, 17.24, and 34.05 RCW. 03-21-166, § 16-401-027, filed 10/22/03, effective 11/22/03. Statutory Authority: Chapters 15.13, 15.14, and 34.05 RCW. 03-10-083, § 16-401-027, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 15.13 and 15.14 RCW. 01-11-031, § 16-401-027, filed 5/8/01, effective 6/8/01.]

     (1) Postage, special handling services and other miscellaneous costs exceeding five dollars are ((charges)) charged at the actual cost.

     (2) Other requested office services, not specifically provided for, are charged a fee based on the portion of an hour at the applicable hourly rate in this chapter.

[Statutory Authority: Chapters 15.13, 15.14, and 34.05 RCW. 03-10-083, § 16-401-032, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 15.13 and 15.14 RCW. 01-11-031, § 16-401-032, filed 5/8/01, effective 6/8/01.]

     (1) Retail nursery dealer license fee:

     (a) Gross business sales of horticultural plants and turf less than two thousand five hundred dollars . . . . . . . . . . . . $((37.67)) 38.73

     (b) Gross business sales of horticultural plants and turf between two thousand five hundred dollars and fifteen thousand dollars, the license fee is . . . . . . . . . . . . $((80.72)) 82.99

     (c) Gross business sales of horticultural plants and turf of fifteen thousand dollars or more . . . . . . . . . . . . $((161.45)) 166.00

     (2) Wholesale nursery dealer license fee:

     (a) Gross business sales of horticultural plants and turf less than fifteen thousand dollars . . . . . . . . . . . . $((80.72)) 82.99

     (b) Gross business sales of horticultural plants and turf of fifteen thousand dollars or more . . . . . . . . . . . . $((161.45)) 166.00

     (3) As provided in RCW 15.13.285, a surcharge of twenty percent of the base rate, in addition to the fees established on all classes of licenses in subsections (1) and (2) of this section, is established.

     (4) Permit fee for those types of sales and organizations exempted from licensing requirements by RCW 15.13.270((.

     Effective July 1, 2003)) . . . . . . . . . . . . $((6.00)) 6.15

[Statutory Authority: Chapters 15.13, 15.14, 17.24, and 34.05 RCW. 03-21-166, § 16-401-041, filed 10/22/03, effective 11/22/03. Statutory Authority: Chapters 15.13, 15.14, and 34.05 RCW. 03-10-083, § 16-401-041, filed 5/6/03, effective 6/30/03. Statutory Authority: Chapters 15.13 and 15.14 RCW. 01-11-031, § 16-401-041, filed 5/8/01, effective 6/8/01; 99-12-034, § 16-401-041, filed 5/26/99, effective 6/26/99.]

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