05/10/1995 01:07 PM Senate RES

         HB 119 EXEMPT SCHOOLS FROM CERTAIN DEC FEES                         
                                                                               
 SENATOR LEMAN brought  HB 119  before the committee as the first              
 order of business.                                                            
                                                                               
 REPRESENTATIVE GENE KUBINA, prime sponsor of HB 119,  explained               
 that in 1992, DEC was authorized to require user fees for kitchen             
 inspections, etc., however, they did not start charging school                
 districts this fee until this year.  Several school districts have            
 requested that legislation be introduced that will expect them from           
 paying the user fee.  He noted an exemption for charities was                 
 provided through regulations after passage of the original bill.              
                                                                               
 SENATOR LEMAN asked if other things like water and waste disposal             
 are exempt from DEC user fees.  REPRESENTATIVE KUBINA responded               
 that the legislation is specifically directed at the cafeteria                
 facilities.                                                                   
                                                                               
 Number 90                                                                     
                                                                               
 KIT BALLENTINE, Division of Environmental Health, Department of               
 Environmental Conservation, voiced the department's support for HB
.                                                                          
                                                                               
 Ms. Ballentine related that the department's fee exemptions apply             
 to charitable organizations defined as 501.C3 under the IRS code.             
 The problem with school districts is that they are nonprofits, but            
 they are not charitable organizations so they don't apply under               
 that federal code exemption.  She said she believes this is also              
 true with the domestic and waste water permits and drinking water             
 plan reviews, but she doesn't think that school districts are being           
 charged for these plan reviews.                                               
 Number 181                                                                    
                                                                               
 SENATOR TAYLOR moved HB 119 be passed out of committee with                   
 individual recommendations.  Hearing no objection, it was so                  
 ordered.