HB 305-OIL/HAZARDOUS SUB.:CLEANUP/REIMBURSEMENT  1:06:59 PM CO-CHAIR JOSEPHSON announced that the first order of business would be HOUSE BILL NO. 305, "An Act relating to oil and hazardous substances and waiver of cost recovery for containment and cleanup of certain releases; and providing for an effective date." CO-CHAIR JOSEPHSON reviewed the discussion of HB 305 [at the previous hearing on 2/23/18]. 1:07:56 PM REPRESENTATIVE LINCOLN moved to adopt Amendment 1, labeled 30- GH2583\A.1, Nauman, 2/26/18, which read: Page 2, lines 5 - 7: Delete all material and insert: "(1) the release was from piping, tankage, or other equipment used solely to provide space heat or electrical power generation for a building used primarily for residential purposes and that does not consist of more than four dwelling units;" REPRESENTATIVE TARR objected for discussion purposes. 1:08:21 PM REPRESENTATIVE LINCOLN moved to adopt Conceptual Amendment 1 to Amendment 1, to delete the word "space" [on line 4]. He explained - as discussed at the previous hearing - the purpose of Conceptual Amendment 1 is to allow [mixed sources of fuel] to provide heat to other systems, such as heating water. There being no objection, Conceptual Amendment 1 to Amendment 1 was adopted. REPRESENTATIVE LINCOLN explained the purpose of Amendment 1, as amended, is to allow the Department of Environmental Conservation (DEC) discretion to choose not to seek cost recovery from residents who also have small commercial operations within their homes, such as a wood-splitting business in the garage, or a small store in the home. REPRESENTATIVE DRUMMOND expressed support for Amendment 1. REPRESENTATIVE LINCOLN recognized Representative Talerico, DEC, and Legislative Legal Services for their work on the bill. 1:10:48 PM KRISTIN RYAN, Director, Division of Spill Prevention and Response, DEC, informed the committee DEC has no objection to Amendment 1, [as amended], which is consistent with how DEC seeks to implement the proposed legislation. 1:11:03 PM The committee took a brief at-ease. CO-CHAIR JOSEPHSON asked if Co-Chair Tarr maintained her objection. 1:11:09 PM CO-CHAIR TARR removed her objection. There being no further objection, Amendment 1, as amended, was adopted. 1:12:50 PM CO-CHAIR TARR moved to rescind the committee's action in adopting [Conceptual Amendment 1 to HB 305 at the hearing of 2/23/18]. There being no objection, it was so ordered. REPRESENTATIVE PARISH spoke in support of the bill, and said HB 305 would aid individual homeowners who are dealing with an oil spill and remove their apprehension about reporting a spill to DEC. CO-CHAIR TARR spoke in support of the bill; she pointed out Fiscal Note Identifier: DEC-SPAR-01-22-18 indicated a loss of $60,000 per year in revenue to DEC, which would "have to be paid for in another way." 1:14:59 PM The committee took an at-ease from 1:14 p.m. to 1:16 p.m. 1:16:26 PM CO-CHAIR TARR moved to report HB 305, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 305(RES) was reported from the House Resources Standing Committee.