WSR 16-11-097
[Filed May 18, 2016, 9:27 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: Chapter 16-524 WAC, Tulip, iris and narcissus bulbs.
Hearing Location(s): Natural Resources Building, 1111 Washington Street S.E., Olympia, WA 98504, on June 23, 2016, at 10:00 a.m.
Date of Intended Adoption: August 9, 2016.
Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504-2560, e-mail, fax (360) 902-2092, by 5:00 p.m., June 23, 2016.
Assistance for Persons with Disabilities: Contact Teresa Norman by June 9, 2016, (360) 902-2043, TTY 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal will repeal chapter 16-524 WAC and terminate the Washington bulb commission. A hearing will be held under the provisions of chapter 34.05 RCW and a referendum of affected producers will be conducted under the provisions of chapter 15.66 RCW to determine whether the marketing order and commission are terminated.
Reasons Supporting Proposal: There are fewer than five affected producers of tulip, iris and narcissus bulbs in Washington state. Chapter 16-524 WAC is applicable only to bulb production; most current tulip, iris, and narcissus growers produce cut flowers, which are not covered under chapter 16-524 WAC. The Washington bulb commission no longer meets the requirements of chapter 15.66 RCW, Washington state agricultural commodity commissions, particularly RCW 15.66.110(1), which requires the commission to be composed of not less than five members.
Statutory Authority for Adoption: RCW 15.66.040 and 15.66.055; chapter 34.05 RCW.
Statute Being Implemented: Chapter 15.66 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Any rule proposal will not be adopted unless the proposed rules are also approved in a referendum of affected bulb producers pursuant to chapter 15.66 RCW.
Name of Proponent: Washington state bulb commission, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Teresa Norman, Olympia, Washington, (360) 902-2043.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal would eliminate the marketing order for the Washington bulb commission. Under the provisions of chapter 15.66 RCW a referendum of affected parties is required to terminate the commission. There are no negative fiscal impacts to affected producers of tulip, iris and narcissus bulbs. In addition, rule-making proceedings conducted under chapter 15.66 RCW are exempt from compliance with RCW 34.05.310, chapter 19.85 RCW, the Regulatory Fairness Act, and RCW 43.135.055 when the adoption of the rules is determined by a referendum vote of the affected parties.
A cost-benefit analysis is not required under RCW 34.05.328. The department of agriculture and the Washington bulb commission are not named agencies under RCW 34.05.328 (5)(a)(i).
May 18, 2016
Derek I. Sandison
The following chapter of the Washington Administrative Code is repealed:
WAC 16-524-002
Director's findings and decision approving a marketing order.
WAC 16-524-003
Director's order making marketing order effective.
WAC 16-524-010
WAC 16-524-020
Bulb commission.
WAC 16-524-030
Marketing order purposes.
WAC 16-524-040
Assessments and assessment funds.
WAC 16-524-050
Information reports.
WAC 16-524-060
WAC 16-524-070
Effective time.
WAC 16-524-110
Producer's annual sales report—Form.