04/21/1994 10:00 AM Senate FIN

  SB 376:             An Act relating to fees charged by state                 
                      agencies  for  certain  services and  to                 
                      reimbursement for  expenses incurred  by                 
                      the state in providing certain services;                 
                      and providing for an effective date.                     
                                                                               
                      Ron  King,  Project  Manager for  Mobile                 
                      Sources,  Environmental  Specialist, Air                 
                      Quality Management Section,  Division of                 
                      Environmental  Quality,   Department  of                 
                      Environmental Conservation, spoke to Co-                 
                      chair Frank's concerns.   Amendments  1,                 
                      2, and  3 were  ADOPTED.   CSSB 376(FIN)                 
                      was REPORTED out of committee with a "do                 
                      pass,"   zero   fiscal  notes   for  the                 
                      Department  of  Public  Safety-Fire, the                 
                      Department   of   Corrections   and  the                 
                      Department of Revenue  (0.4 revenue),  a                 
                      fiscal  note  for   the  Department   of                 
                      Environmental  Conservation  for  $128.0                 
                      ($670.2 revenue)  and a fiscal  note for                 
                      the  Department  of  Public  Safety  for                 
                      $1.5.                                                    
                                                                               
  SENATE BILL NO. 376:                                                         
                                                                               
       An  Act relating to fees  charged by state agencies for                 
       certain services  and  to  reimbursement  for  expenses                 
       incurred by the  state in  providing certain  services;                 
       and providing for an effective date.                                    
                                                                               
  Co-chair  Pearce  announced  that  SB  376  was  before  the                 
  committee.    She   explained  that  SB  215   repealed  the                 
  department's  ability to  prescribe fees  for oil  discharge                 
  financial responsibility or oil discharge contingency plans.                 
  To be consistent with SB 215, subsections (4) and (5) needed                 
  to be deleted from SB 376 on page 4, lines 19-20.                            
                                                                               
  Co-chair Frank  MOVED for amendment 1 deleting  (4) and (5).                 
  No objection being heard, amendment 1 was ADOPTED.                           
                                                                               
  Co-chair Frank said  he was  under the  impression that  the                 
  Department of Environmental Conservation was going to supply                 
  language  that would be more specific on their regulation of                 
  motor  fuels to control omissions,  and also on the analysis                 
  of the public water system samples authorized for submission                 
  to the department.                                                           
                                                                               
  RON  KING, Project Manager for Mobile Sources, Environmental                 
  Specialist,  Air  Quality  Management Section,  Division  of                 
  Environmental   Quality,    Department   of    Environmental                 
  Conservation, said he believed Section 8 was rather specific                 
  as it was.   He provided the committee with a  handout (copy                 
  on file, Attachment  A).  He  said the Department could  not                 
  charge for  just anything,  it would  have to  be a  program                 
  designed  to  regulate  or  control  omissions  from  mobile                 
  sources.                                                                     
                                                                               
  In answer to  Co-chair Frank, Mr.  King said the place  this                 
  regulation  would  be used  was for  the low  sulphur diesel                 
  petition.   There was currently  federal law to  require low                 
  sulphur diesel fuel.  In order  to prepare a petition to  be                 
                                                                               
                                                                               
  exempt  from  that law,  the  department would  utilize this                 
  regulation.  The only other  program this regulation applied                 
  to was the oxygenated fuels program.  It would not be  under                 
  the vehicle  inspection program.   Those  were recovered  by                 
  fees in another area.                                                        
                                                                               
  In answer  to Senator  Rieger, Mr.  King said  that the  fee                 
  would be paid by the distributors of the fuel or refiners of                 
  the  fuel,  not directly  by the  citizen.   He  pointed out                 
  though, in reality,  those fees  would be passed  on to  the                 
  consumer.                                                                    
                                                                               
  Co-chair Frank reiterated  that he  would like the  language                 
  narrowed so it was clear this was specific to those programs                 
  and done  in consultation with  the distributors.   Mr. King                 
  said he would work on the language and assured the committee                 
  that  the Department had worked with  the distributors.  Co-                 
  chair Frank said he did not want this provision to look like                 
  a blanket authority for the department.                                      
                                                                               
  Co-chair  Pearce announced that  SB 376 would  be HELD until                 
  language could  be drafted by the Department  on Sections 13                 
  and 14.                                                                      
                                                                               
  Later in the meeting,  the committee returned to SB  376 and                 
  the following action was taken.                                              
                                                                               
  Co-chair  Frank MOVED amendment 2,  amending page 5, line 6.                 
  No objection being heard, amendment 2 was ADOPTED.                           
                                                                               
  Co-chair Frank MOVED amendment 3,  to clarify programs under                 
  this provision.  No  objection being heard, amendment 3  was                 
  ADOPTED.                                                                     
                                                                               
                         Recess 10:55am                                        
                        Reconvene 10:57am                                      
                                                                               
  At the end of the meeting, the committee returned to SB 376.                 
                                                                               
  Co-chair Frank MOVED for  passage of SB 376 as  amended from                 
  committee  with individual  recommendations.   No  objection                 
  being heard, CSSB 376  was REPORTED out of committee  with a                 
  "do pass," zero  fiscal notes for  the Department of  Public                 
  Safety-Fire,   the  Department   of   Corrections  and   the                 
  Department of Revenue  (0.4 revenue), a fiscal note  for the                 
  Department of Environmental Conservation  for $128.0 ($670.2                 
  revenue)  and a  fiscal note  for the  Department of  Public                 
  Safety for $1.5.  Co-chairs Pearce and Frank, Senator Kelly,                 
  Rieger,  Jacko  and  Sharp  signed  "do pass,"  and  Senator                 
  Kerttula signed "do not pass."