WSR 08-19-108



[ Filed September 17, 2008, 8:46 a.m. ]

Continuance of WSR 08-16-118.

Preproposal statement of inquiry was filed as WSR 08-12-078.

Title of Rule and Other Identifying Information: WAC 16-390-230 What is the fee for an apple pest certification?, the department is proposing to remove a sunset provision in the rule establishing the current apple pest certification fee, so that the fee would remain at its current level. During the 2008 legislative session, the Washington state legislature authorized the Washington state department of agriculture (WSDA) to increase the apple pest certification fee (see chapter 329, Laws of 2008).

Hearing Location(s): Washington State Department of Agriculture, 21 North 1st Avenue, Conference Room 238, Yakima, WA 98902, on October 3, 2008, at 11:00 a.m.

Date of Intended Adoption: October 10, 2008.

Submit Written Comments to: Henri Gonzales, P.O. Box 42560, Olympia, WA 98504-2560, e-mail, fax (360) 902-2094, by October 3, 2008.

Assistance for Persons with Disabilities: Contact Henri Gonzales by September 26, 2008, TTY (800) 833-6388.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules:

Statutory Authority for Adoption: Chapters 15.17, 17.24, and 34.05 RCW.

Statute Being Implemented: Chapters 15.17 and 17.24 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, Implementation and Enforcement: Brad White, 1111 Washington Street, Olympia, WA 98504-2560, (360) 902-2071.

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 revisions and has concluded that there are negligible additional costs 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).

September 17, 2008

Mary A. Martin Toohey

Assistant Director

Washington State Code Reviser's Office