02/26/1997 01:58 PM House FIN

  HOUSE BILL NO. 51                                                            
                                                                               
       "An  Act  relating to  the Department  of Environmental                 
       Conservation."                                                          
                                                                               
  Representative  Davies provided  members with  a package  of                 
                                                                               
                                1                                              
                                                                               
                                                                               
  amendments for HB  51 (copy on file).  Representative Davies                 
  MOVED   to  adopt  Amendment   13.    Representative  Mulder                 
  OBJECTED.  Amendment  13 would delete the  existing language                 
  on page 4,  line 24 through  page 5, line  2 and insert  new                 
  language.  Representative Davies explained that Amendment 13                 
  would set  in place a new  set of conditions.   Amendment 13                 
  defines  the  terms;  water   quality  criteria,  standards,                 
  natural  conditions, and  background condition.    He stated                 
  that  the definitions were  taken from a  letter by Michelle                 
  Brown,    Commissioner,    Department    of    Environmental                 
  Conservation.  He maintained that definitions of these terms                 
  are inconsistent in the bill.  "Water  quality criteria" are                 
  defined  as  scientific  information  regarding the  maximum                 
  concentrations of specific chemicals or  other pollutants in                 
  water which are  consistent with  the protection of  aquatic                 
  life or human  health.  "Natural  condition" would mean  the                 
  condition of a  water body  before human impact.   He  noted                 
  that the  State adopts  criteria used  by the  Environmental                 
  Protection Agency.   He maintained that  the State does  not                 
  have  the  scientific  apparatus  to  perform  the  research                 
  necessary to establish criteria independently.  He explained                 
  that the  definitions in Amendment 13 provide  the basis for                 
  other  amendments.     Representative   Davies  noted   that                 
  Amendment  13  was  not  reviewed   by  the  Legal  Services                 
  Division, Legislative Affairs Agency.                                        
                                                                               
  Co-Chair  Hanley asked  the rationale of  including "legally                 
  enforceable   state-established    requirements"   in    the                 
  definition of "standards".  Representative Davies noted that                 
  the language  was used  by the  Department of  Environmental                 
  Conservation.   Representative  Davies  pointed  out that  a                 
  "standard" is something  that is  legally enforceable.   Co-                 
  Chair  Hanley noted  that "standards"  are state-established                 
  requirements.   He questioned  if  "legally enforceable"  is                 
  necessary under law.                                                         
                                                                               
  Representative  Rokeberg  objected  to  Amendment  13.    He                 
  observed that he had  not had sufficient time to  review the                 
  amendments.   Discussion ensued regarding  further review of                 
  the amendments.   Representative Grussendorf suggested  that                 
  the legislation be reviewed in subcommittee.  Representative                 
  Rokeberg  urged  Committee  action.   Representative  Mulder                 
  requested   review   by    the   Legal   Services    Agency.                 
  Representative   Rokeberg  noted   that   Amendment  13   is                 
  conceptual.  He  suggested the  amendment may have  drafting                 
  problems.                                                                    
                                                                               
  Co-Chair Therriault observed that members would like time to                 
  further review the proposed amendments.                                      
                                                                               
  HB 51 was HELD in Committee for further consideration.