Weights and Measures Funded with NGF

Item 98 #1s

Language
Page 94, after line 37, insert:
"A. The Commissioner of Agriculture and Consumer Services shall collect a registration fee of $22.00 beginning July 1, 2009, and continuing through June 30, 2010, for each weights and measures device used by all entities that are subject to weights and measures regulation pursuant to Chapter 56 of Title 3.2 of the Code of Virginia.  All such fees collected shall be used solely for the administration of the weights and measures program.
B.1. The Board of Agriculture and Consumer Services shall promulgate a regulation that will be effective July 1, 2010, establishing a schedule of fees to fund the state weights and measures program administered by the Department of Agriculture and Consumer Services and to fund the motor fuels and lubricating oils program.  In developing the regulation, the Board shall seek input from representatives from local government, private sector organizations and the public.  The regulation adopted by the Board shall provide the Department sufficient resources to support the program and protect the public without placing an undue regulatory burden on the private sector.  In establishing an inspection fee for each type of device, the Board shall consider such factors to include, but not limited to, projected workloads such as total number of devices subject to regulation, the types and complexity of devices inspected, the frequency of inspection, sampling and testing costs, and cost containment strategies.  The Board shall also consider the size and annual sales volume of businesses as a factor in establishing the fees.  
2. The provisions of the Administrative Process Act (§ 2.2-4000, et seq.) shall not apply to the adoption of any regulation pursuant to subsection B.1.  Notwithstanding any exemption to the contrary, a regulation adopted pursuant to subsection B.1 shall be subject to the requirements set out in §§ 2.2-4007.03, 2.2-4007.04, and 2.2-4007.05, and shall be published in the Virginia Register of Regulations.  After the close of the 60-day comment period, the Board may adopt a final regulation.  Such regulation shall become effective 15 days after the publication in The Virginia Register, unless the Board has withdrawn or suspended the regulation, or a later date has been set by the Board.  The Board shall also hold at least one public hearing on a proposed regulation during the 60-day comment period.  The notice of such public hearing shall include the date, time and place of the hearing.
3. Effective July 1, 2010, fees for the inspection of all weights and measures devices shall be collected by the Department of Agriculture and Consumer Services in accordance with the regulation established pursuant to subsection B.1.  
4.  Should the Board’s regulation be suspended for any reason, the Commissioner of Agriculture and Consumer Services shall collect an annual registration fee of $22.00, continuing until the Board’s regulation becomes effective or is reinstated, for each weights and measures device used by all entities that are subject to weights and measures regulation pursuant to Chapter 56 of Title 3.2 of the Code of Virginia.
C.  The Board shall also conduct an analysis of the cost and benefits of privatization of the weights and measures program.  This review shall include an analysis of private sector interest and capacity, as well as the ability to ensure adequate consumer protection through a privatized weights and measures inspection program.  The analysis shall also consider the ability of the Board to license and certify private sector weights and measures inspectors.   The Board shall provide a report on this review to the Governor and the Chairman of the House Appropriations Committee, the House Committee on Agriculture, Chesapeake and Natural Resources, the Senate Finance Committee, and the Senate Committee on Agriculture, Conservation and Natural Resources by November 1, 2009."

Explanation
(This amendment eliminates general funds in the second year and establishes a user fee to fund the weights and measures program and the motor fuels and lubricating oils program administered by the Department of Agriculture and Consumer Services. An initial annual fee of $22.00 per device will be enacted beginning July 1, 2009 to level fund the program in the second year. The Board of Agriculture and Consumer Services will develop a fee schedule to replace this initial fee beginning July 1, 2010, based on public input and consideration of such factors as the cost to perform inspections, as well as the size and annual sales levels of various business in establishing a reasonable user-fee. The amendment also requires the Board to evaluate the potential to privatize the program and report the results of their analysis to the Governor and the General Assembly prior to the 2010 Session.)