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 119. 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.