Legislature(2001 - 2002)

01/28/2002 01:06 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 263-REGULATION OF HOT SPRINGS WATER                                                                                        
                                                                                                                                
Number 0010                                                                                                                     
                                                                                                                                
CO-CHAIR  SCALZI  announced  that  the first  order  of  business                                                               
before  the  committee would  be  HOUSE  BILL  NO. 263,  "An  Act                                                               
relating to  water quality  standards applicable  to flow-through                                                               
hot springs pools."                                                                                                             
                                                                                                                                
Number 0190                                                                                                                     
                                                                                                                                
REPRESENTATIVE  MCGUIRE moved  to  adopt  the proposed  committee                                                               
substitute  (CS) for  HB  263,  version 22-LS0985\C,  Lauterbach,                                                               
1/25/02,  as the  working document.   There  being no  objection,                                                               
Version C was before the committee.                                                                                             
                                                                                                                                
Number 0276                                                                                                                     
                                                                                                                                
REPRESENTATIVE FATE, speaking  as the sponsor of  HB 263, thanked                                                               
Janice Adair  from the  Department of  Environmental Conservation                                                               
(DEC)  for  working  with  the   [committee]  and  coming  to  an                                                               
agreement on the  bill.  He said that she  had some real concerns                                                               
that  he   hoped  Version  C   does  meet.    He   indicated  his                                                               
understanding that DEC approved of the changes.                                                                                 
                                                                                                                                
Number 0331                                                                                                                     
                                                                                                                                
REPRESENTATIVE FATE noted that four  changes were made in Version                                                               
C.   He indicated that "body  of water" is a  replacement for the                                                               
original term  "pool" because  a pool could  be a  swimming pool,                                                               
for example.   He  said there were  concerns that  the "dangerous                                                               
levels  of disease-causing  pathogens" did  not include  the word                                                               
"chemicals", which  was added.   He specified that the  intent is                                                               
to  protect the  health  of  the people  who  are entering  these                                                               
bodies of water.   He indicated that the  term "geothermal water"                                                               
was added to line 11 for clarity.                                                                                               
                                                                                                                                
REPRESENTATIVE   FATE  reported   that   these   were  the   only                                                               
substantive  changes.   He said  he  thought that  this was  good                                                               
legislation  that will  help  develop the  rural  areas and  will                                                               
provide safety for those people who are using the [hot springs].                                                                
                                                                                                                                
Number 0448                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA  said that she really  appreciates all of                                                               
the work  done by [Representative Fate]  and DEC.  She  said that                                                               
she  wanted to  be sure  that Version  C clearly  won't apply  to                                                               
manmade  concrete pools  that contain  hot  springs [water],  but                                                               
will apply to [natural] hot springs.                                                                                            
                                                                                                                                
Number 0489                                                                                                                     
                                                                                                                                
REPRESENTATIVE FATE responded that  [Version C] purposely doesn't                                                               
deal with  the material that  the [hot springs]  is made of.   He                                                               
suggested that  research will show  that almost every  hot spring                                                               
trickles out  of the spring  itself and is altered,  whether it's                                                               
dug out by hand or [a material] such as concrete is added.                                                                      
                                                                                                                                
REPRESENTATIVE FATE  explained that  the intent is  not to  use a                                                               
hot springs  as a swimming pool;  the intent of this  bill is for                                                               
the perceived medicinal purposes as  stated in [Version C] or for                                                               
aesthetic  reasons.     He  said   there  are   some  regulations                                                               
concerning pools  and hot springs  that he had not  enumerated in                                                               
[Version C].   He suggested that it is  DEC's [responsibility] to                                                               
enumerate  the depth  of  a hot  springs versus  the  depth of  a                                                               
swimming pool  and so forth.   He reiterated that the  reason for                                                               
the clarification is so that  this bill could not be misconstrued                                                               
as  pertaining  to a  swimming  pool;  it's  strictly for  a  hot                                                               
springs.                                                                                                                        
                                                                                                                                
Number 0579                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA   said  that   her  question   had  been                                                               
answered;  the  changes  have  taken  out  the  word  "pool"  and                                                               
[replaced]  it with  "body of  water".   She suggested  that this                                                               
change  would make  it so  the bill  cannot apply  strictly to  a                                                               
manmade concrete pool that water is being put into.                                                                             
                                                                                                                                
Number 0610                                                                                                                     
                                                                                                                                
REPRESENTATIVE  FATE said  that the  [hot springs]  could contain                                                               
gravel, cedar,  wood, or concrete.   He said [Version  C] doesn't                                                               
apply to  swimming pools.   He reiterated that [Version  C] deals                                                               
with  making the  water safe.   He  indicated that  [alterations]                                                               
such  as adding  material [may  affect the  outcome of  the water                                                               
testing]; if  it is not  safe, then it  will be [required]  to be                                                               
made  safe.   He indicated  that  it might  require changing  the                                                               
construction to meet the standards.                                                                                             
                                                                                                                                
Number 0649                                                                                                                     
                                                                                                                                
REPRESENTATIVE STEVENS asked Ms. Adair  if [Version C] allows DEC                                                               
to do its job and protect public health.                                                                                        
                                                                                                                                
Number 0680                                                                                                                     
                                                                                                                                
JANICE  ADAIR,   Director,  Division  of   Environmental  Health,                                                               
Department  of Environmental  Conservation  (DEC), testified  via                                                               
teleconference.   She  informed the  committee that  she had  not                                                               
seen [Version C], but it does  sound as if it follows exactly the                                                               
version that Representative Fate's staff  had drafted and sent to                                                               
her.  She said the changes are sufficient for DEC.                                                                              
                                                                                                                                
Number 0727                                                                                                                     
                                                                                                                                
REPRESENTATIVE MCGUIRE  moved to  report CS  for HB  263, version                                                               
22-LS0985\C,   Lauterbach,  1/25/02,   out   of  committee   with                                                               
individual  recommendations  and  the accompanying  fiscal  note.                                                               
There being no objection, CSHB  263(RES) was moved from the House                                                               
Resources Standing Committee.                                                                                                   

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