Title: Section 55-3.7 - Approval fee computation

Effective Date

08/08/1990

55-3.7 Approval fee computation.

(a) Except as otherwise provided in this section, the approval fee assessed to each environmental laboratory shall be computed as follows:

(1) The total projected budget of the environmental laboratory approval program for the upcoming State fiscal year (April 1st to March 31st) shall be computed (hereafter "the budget");

(2) The total number of laboratories shall be multiplied by $500 and the product deducted from the budget, resulting in the balance of the program cost;

(3) One-half of the balance of the program cost shall be divided by the sum of the total adjusted volume of all laboratories, excluding governmental laboratories. The resulting number shall be the volume fee constant;

(4) One-half of the balance of the program cost shall be divided by the sum of the analytes for all laboratories, based on the highest number of analytes for which each laboratory held approval during the previous approval year. The resulting number shall be the analyte fee constant.

(5) The approval fee for each laboratory shall be calculated by adding:

(i) $500; and

(ii) the volume fee constant multiplied by the sum of the adjusted volume for the applicant laboratory; and

(iii) the analyte fee constant multiplied by the sum of the analytes for that laboratory.

(6) Governmental laboratories are exempted from paying that portion of the fee based on adjusted volume.

(b) An environmental laboratory, which is applying for a certificate of approval in a category in which it was not conducting tests on New York State samples prior to its application, shall pay for such approval a fee of:

(1) $500 regardless of the number of months remaining in the approval year; and

(2) An amount calculated by multiplying the analyte fee constant described in subdivision (a) by the total number of analytes within each category for which a certificate of approval is sought, prorated for the months remaining in the approval year.

(c) An environmental laboratory, which is applying for a certificate of approval in a category in which it was conducting tests on New York State samples prior to its application, shall pay an initial approval fee computed as an annual fee but prorated for the months remaining in the approval year or $500, whichever is greater. Such laboratory's adjusted volume shall not be used in recalculating a fee constant for the first approval year in which it operates.

(d) Changes in analytes or subcategories during an approval year shall not require payment of additional fees during that approval year.
 

Volume

VOLUME A-1 (Title 10)

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