02/26/2018 01:00 PM House RESOURCES

        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
 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.