PROPOSED RULEMAKING
DEPARTMENT OF GENERAL SERVICES
[ 70 PA. CODE CH. 110 ]
Metrology Calibration and Testing Fees
[47 Pa.B. 2974]
[Saturday, May 27, 2017]The Department of General Services (Department) proposes to amend § 110.2 (relating to State Metrology Laboratory fee schedule) to read as set forth in Annex A.
Authority
This proposed rulemaking is authorized under 3 Pa.C.S. §§ 4101—4194 (relating to Consolidated Weights and Measures Act) (act). Section 4178 of the act (relating to fees) requires that Department establish, by regulation, fees for metrology laboratory calibration, type evaluation and other testing services.
Need for this Proposed Rulemaking
This proposed rulemaking fulfills the statutory requirement for the Department to establish, charge and collect the fees described in section 4178 of the act. Currently, the State Metrology Laboratory (Laboratory) provides these services based upon a fee schedule established in 2010. This proposed rulemaking will allow the Commonwealth to charge an appropriate fee for the services provided, thus ensuring that the cost of performing these testing services is borne by the parties who are receiving the services and not by taxpayers.
This proposed rulemaking will increase the fees charged for metrology laboratory calibration, type evaluation and other services performed by the Laboratory. This proposed rulemaking will also allow for future automatic yearly percentage fee increases in the schedule of fees based upon the sum of the percentages of: 1) the general pay increases in the AFSCME Council 13 Master Agreement with the Commonwealth; 2) the ''step'' service increment increase; and 3) the yearly increase in benefit cost as calculated annually by the Office of Administration, Bureau of Employee Benefits and Services.
These automatic fee increases will allow the Department to keep pace with increasing metrology testing costs.
This proposed rulemaking also updates the description fields to accurately reflect the parameters and ranges covered under the National Institute of Standards and Technology (NIST), Office of Weights and Measures' Certificate of Metrological Traceability and the NIST National Voluntary Laboratory Accreditation Program Scope of Accreditation used by the Laboratory.
The Department is satisfied there is a need for this proposed rulemaking, and that it is otherwise consistent with Executive Order 1996-1, ''Regulatory Review and Promulgation.''
Summary of this Proposed Rulemaking
This proposed rulemaking will increase the fees charged for metrology laboratory calibration, type evaluation and other services performed by the Laboratory. This proposed rulemaking will allow for future automatic percentage increases in the schedule of fees based upon the sum of the percentages of: 1) the general pay increases set forth in the AFSCME Council 13 Master Agreement with the Commonwealth; 2) the ''step'' service increment increase; and 3) the yearly increase in benefit cost as calculated annually by the Office of Administration, Bureau of Employee Benefits and Services. This proposed rulemaking also updates description fields to accurately reflect the parameters and ranges used by the Laboratory.
Persons Likely to be Affected
Persons engaged in the business of selling, installing, servicing and repairing various types of commercial weighting and measuring devices will be charged fees according to the proposed fee schedule. Laboratory customers, including small businesses, have benefitted from the fees that have not increased since 2010 despite increased salary and benefits for Laboratory employees and increasing costs to maintain or replace Laboratory equipment.
Proposed amendments to description fields accurately reflect the parameters and ranges used by the Laboratory and should not affect any group or entity.
Fiscal Impact
Commonwealth
The estimated annual revenue to the Commonwealth/Department from this proposed rulemaking is approximately $610,137. This proposed rulemaking should not result in additional costs to the Commonwealth.
Political subdivisions
No other government entity will incur any costs or realize any savings.
General public
This proposed rulemaking will not impose costs and will not have fiscal impact on the general public. The proposed fee increase will ensure that the cost of performing Laboratory testing services is borne by the parties who are receiving the services and not by taxpayers.
Private sector
Persons engaged in the business of selling, installing, servicing and repairing various types of commercial weighting and measuring devices will be charged fees according to the proposed fee schedule. The anticipated fee per user is estimated to be $1,329, which is a $784 increase from the current $545 average fee per user. Laboratory customers, including small businesses, have benefitted from the fees that have not increased since 2010 despite increased salary and benefits for Laboratory employees and increasing costs to maintain or replace Laboratory equipment.
Paperwork Requirements
This proposed rulemaking 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 not have an increase in paperwork. There will not be an increase in paperwork for the regulated community.
Effective Date
This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
Sunset Date
There is no sunset date for this proposed rulemaking. The Department will review the efficacy of this regulation on an ongoing basis.
Public Comment Period and Contact Person
Interested persons are invited to submit written comments regarding this proposed rulemaking within 30 days following publication in the Pennsylvania Bulletin to Mary W. Fox, Assistant Counsel, Office of Chief Counsel, Department of General Services, Forum Place, 6th Floor, 555 Walnut Street, Harrisburg, PA 17101, (717) 787-6789.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on May 15, 2017, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Standing Committees on State Government. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria in section 5.2 of the Regulatory Review Act (71 P.S. § 745.5b) which have not been met. The Regulatory Review Act specifies detailed procedures for review prior to final publication of the rulemaking by the Department, the General Assembly and the Governor.
CURTIS M. TOPPER,
SecretaryFiscal Note: 8-27. No fiscal impact. The fee increases are necessary to cover the associated operating costs of the Laboratory; (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.
(a) General. The State Metrology Laboratory [shall] will charge a fee for any testing services it provides under authority of the act. These services include actual metrology laboratory calibration, type evaluation and any other services identified in subsection (c).
(b) Exemptions.
(1) Agencies of the Commonwealth are exempt from having to pay any of the fees established in this section.
(2) A city or county which is required to procure standards of weights and measures and additional equipment in accordance with section 4123 of the act (relating to city and county standards and equipment) to enforce the act is exempt from having to pay fees with respect to the calibration, evaluation or other testing of those standards and that equipment.
(c) Schedule of fees. The State Metrology Laboratory [shall] will charge the following fees for the indicated [testing] calibration 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.]
ASTM or OIML Class weights calibrated by use of the Mass Code
50 lb to 0.001 lb, 30 kg to 1 mg[$30 per weight] $75 per man-hour Precision mass [ASTM E617 Class 3 and 4 and OIML Class F1 and F2 to and including 30 kg. or 50 lb.]
ASTM Class 1, 2, 3, 4
OIML Class E2, F1, F2 or best calibration not to a specific class
100 lb to 0.001 lb
30 kg to 1 mg
[$30] $60 per weight Ordinary mass, Small [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.]
NIST Class F
ASTM 5, 6, 7
OIML M1, M1-2, M2, M2-3, M3
10 lb to 0.001 lb
5 kg to 1 mg
[$6] $20 per weight (without adjustment)
[$10] $35 per weight (with adjustment)Ordinary mass, Medium [NIST Class F and ASTM E617 Classes 5, 6 and 7 from 10 kg. or 20 lb. to 50 kg. or 100 lb.]
NIST Class F
ASTM 5, 6, 7
OIML M1, M1-2, M2, M2-3, M3
100 lb to >10 lb
50 kg to >5 kg
[$10] $20 per weight (without adjustment)
[$20] $35 per weight (with adjustment)Ordinary mass, Large [NIST Class F and ASTM E617 Classes 5, 6 and 7 from 100 kg. or 200 lb. to 2500 kg. or 5500 lb.]
NIST Class F
ASTM 5, 6, 7
OIML M1, M1-2, M2, M2-3, M3
6,000 lb to >100 lb
2,500 kg to >50 kg
[$20] $40 per weight (without adjustment)
[$40] $65 per weight (with adjustment)Ordinary mass Weight Carts
2,000 lb to 6,000 lb
[$210] $290 per cart Volume transfer [5 gallon/20 liter test measures]
Test Measures
5 gallon
5 liter to 20 liter
[$45] $110 per measure (includes adjustment) Volume transfer [10 gallon to 50 gallon]
Provers
10 gallon to 100 gallon
40 liter to 378 liter
[$150] $405 per prover (includes adjustment) [Volume transfer 51 to 100 gallon $150 per prover (includes adjustment)] Volume transfer [Greater than 100 gallon]
Provers
101 gallon to 1,500 gallon
379 liter to 5,000 liter
[$150] $405 plus $1 per each additional gallon over 100 gallons (includes adjustment) Gravimetric Calibrations [Metal Test Measures to 5 gallon or 20 liter or 1 cubic foot]
Test Measures
1 gallon to 10 gallon
5 liter to 20 liter
[$180] $760 per item Gravimetric Calibrations Provers
11 gallon to 130 gallon
21 liter to 500 liter
$1,515 per item Length Calibrations Metal Tapes [or Rules] to 200 feet [$15] $35 per point tested Timing Devices Stopwatches
to 24 hours[$30] $65 Wheel Load Weighers NIST Handbook 44
Class IIII Scales
to 20,000 lb
[$20] $65 per scale Force Gauges to 50 lbf $165 per gauge Special Tests $75 per man-hour
(d) Cost increase.
(1) Beginning July 1, 2017, and each July 1 thereafter, the costs in subsection (c) will increase by the sum of the percentages of all of the following:
(i) The general pay increases in the AFSCME Council 13 Master Agreement/Memorandum of Understanding with the Commonwealth.
(ii) The ''step'' service increment increase.
(iii) The yearly increase in benefit cost as calculated annually by the Office of Administration, Bureau of Employee Benefits and Services.
(2) The Department of General Services will make the costs available for public inspection no later than June 1 by posting a copy of the costs for the subsequent fiscal year on the Department of General Services' publicly accessible web site.
[(d)] (e) Payment of fees. A nonrefundable deposit for the estimated fee shall be submitted when the [testing] calibration request is made. Fees are payable at the time the metrology service is provided, regardless of whether the item [tested] calibrated is certified or approved.
(f) Minimum fee. The Pennsylvania Standards Laboratory has a minimum fee for service of $50.
[Pa.B. Doc. No. 17-879. Filed for public inspection May 26, 2017, 9:00 a.m.]
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