DEPARTMENT OF GENERAL SERVICES
DEPARTMENT OF AGRICULTURE
[70 PA. CODE CH. 110]
[39 Pa.B. 5921]
[Saturday, October 10, 2009]
State Metrology Laboratory Fee Schedule The Department of General Services (DGS) and the Department of Agriculture (PDA) propose to amend the fees for testing services performed by the State Metrology Laboratory (Laboratory) by amending the PDA's current regulation in 70 Pa. Code § 110.2 (relating to State Metrology Laboratory fee schedule). The proposed amendment would read as set forth in Annex A.
Statutory Authority
The Consolidated Weights and Measures Act (3 Pa.C.S. §§ 4101—4194) (act) is the legal authority for the proposed amendment. The act requires that DGS establish, by regulation, fees for metrology laboratory calibration, type evaluation and other testing services. See 3 Pa.C.S. § 4178 (relating to fees). In section 4190 (relating to rules and regulations), it provides PDA's authority to regulate as necessary to implement the act.
Purpose of the Regulation
The amendment will fulfill the statutory requirement that DGS establish, charge and collect the fees described in section 4178 of the act. Currently, the Laboratory provides these services based upon a fee schedule established over 5 years ago, and promulgated in 2005. The proposed amendment is necessary to comply with the act. The amendment will ensure that taxpayer dollars are not used to pay for testing by the Laboratory when user fees are statutorily authorized and required.
Background
Reorganization Plan No. 1 of 1986 (71 P. S. § 751-38) transferred PDA's statutory functions, powers and duties relating to weights and measures laboratory testing to DGS. PDA retained general weights and measures enforcement responsibility. This division of responsibilities between DGS and PDA was repeated in the act, which took effect in 1997.
DGS manages and operates the Laboratory, as part of the Division of Quality Assurance in the Bureau of Purchases under the Deputy Secretary for Procurement.
In 2005, PDA promulgated regulations under authority of the act. These regulations appear in Title 70 (relating to weights, measures and standards). In particular, 70 Pa. Code § 110.1 (relating to metrology services) states that a Laboratory will charge a fee for conducting tests that may be required for device type approval under this chapter, and for Laboratory calibration, type evaluation and any other testing services it performs under authority of the act. A fee schedule was first included in the regulations adopted in 2005.
The proposed amendment would update the schedule of fees.
Overview of the Proposed Regulation
The proposed amendment would amend § 110.2 to update the fees charged by DGS for Laboratory testing services.
Affected Individuals and Organizations
Each year, the Laboratory provides metrology calibration, type evaluation and testing for several hundred persons, who sell, install, service or repair commercially used weighing and measuring devices and who must have the accuracy of their field standards verified under 70 Pa. Code § 6.3 (relating to field standards). Last year the Laboratory provided approximately 991 services—including services to approximately 414 private persons.
Cities and counties which are required to procure standards of weights and measures and any additional equipment in accordance with section 4123 of the act (relating to city and county standards and equipment) are exempt from the fee requirements with respect to the calibration, evaluation or other testing of those standards and equipment. See 3 Pa.C.S. § 4178.
The general public will benefit because the fees generated will pay for services which are now paid for in part by taxpayer dollars.
Fiscal Impact
Commonwealth
The estimated annual revenue to the Commonwealth (DGS) from the proposed amendment is approximately $125,000. The proposed amendment should not result in additional costs to the Commonwealth.
Public Sector
No other government entity will incur any costs or realize any savings.
General Public
The proposed amendment will impose no costs and have no fiscal impact upon the general public.
Affected Businesses
The affected businesses, which use Laboratory services, will have to pay the fees set in the proposed amendment. The anticipated average fee per user is estimated to be $302.
Paperwork Requirements
The proposed amendment will not result in an increase in paperwork for the Laboratory, which already is required to issue invoices, collect payments and transmit payments to the State Treasury. Similarly, under section 4193(c) of the act (relating to disposition of funds), the Treasury Department will have no increase in paperwork.
Effective Date
The proposed amendment will take effect upon publication in the Pennsylvania Bulletin as a final-form regulation.
Public Comments and Contact Person
Interested persons are invited to submit written comments regarding the proposed amendment to Michael C. Barrett, Senior Counsel, Office of Chief Counsel, Department of General Services, 603 North Office Building, Harrisburg, PA 17125, (717) 787-5599 within 30-calendar days after the date of publication of this proposed amendment in the Pennsylvania Bulletin.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 29, 2009, DGS submitted a copy of the proposed amendment to the Independent Regulatory Review Commission (IRRC). On that same date DGS submitted a copy to the House and Senate Committees on State Government (Committees). DGS and PDA also provided IRRC and the Committees with a detailed Regulatory Analysis Form prepared by DGS. A copy of this material is available to the public upon request.
In accordance with section 5(g) of the Regulatory Review Act, if IRRC has comments, recommendations or objections regarding any portion of the proposed amendment, it must so notify DGS within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act sets forth detailed procedures for review of these objections by DGS, the General Assembly and the Governor prior to the final publication of the proposed amendment.
JAMES P. CREEDON,
SecretaryFiscal Note: 8-14. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 70. WEIGHTS, MEASURES AND STANDARDS
PART V. STATE METROLOGY LABORATORY
CHAPTER 110. GENERAL PROVISIONS § 110.2. State Metrology Laboratory fee schedule.
* * * * * (c) Schedule of fees. The State Metrology Laboratory [shall charge] charges the following fees for the indicated testing services:
General type of test Description Fee Precision mass Up to ASTM E 617 Class 2 or best calibration but not to a specific class to and including 30 kg. or 50 lb. $30 per weight Precision mass ASTM E617 Class 3 and 4 and OIML Class F1 and F2 to and including 30 kg. or 50 lb. $[12] 30 per weight Ordinary mass NIST Class F and ASTM E617 Classes 5, 6, 7 and OIML Class M1, M2 and M3 to and including 5 kg. or 10 lb. $[2] 6 per weight (without adjustment)
$10 per weight (with adjustment)Ordinary mass NIST Class F and ASTM E617 Classes 5, 6 and 7 from 10 kg. or 20 lb. to 50 kg. or 100 lb. $[5] 10 per weight (without adjustment)
$[10] 20 per weight (with adjustment)Ordinary mass NIST Class F and ASTM E617 Classes 5, 6 and 7 from 100 kg. or 200 lb. to 2,500 kg. or 5,500 lb. $[15] 20 per weight (without adjustment)
$[25] 40 per weight (with adjustment)Ordinary mass Weight carts $[50] 210 per cart Volume transfer 5 gallon/20 liter test measures $[15] 45 per measure (includes adjustment) Volume transfer 10 gallon to 50 gallon $[50] 150 per prover (includes adjustment) Volume transfer 51 to 100 gallon $150 per prover (includes adjustment) Volume transfer Greater than 100 gallon $150 plus [$50 per each additional 100 gallons or fractions thereof] $1 per each additional gallon over 100 gallons Gravimetric calibrations Metal test measures to 5 gallon or 20 liters or 1 cubic foot $[35] 180 per item Length calibrations Metal tapes or rules $15 per point tested Timing devices Stopwatches $30 Wheel load weighers $[6] 20 per scale Special tests $75 per man-hour * * * * *
[Pa.B. Doc. No. 09-1869. Filed for public inspection October 9, 2009, 9:00 a.m.]
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