05/17/1999 09:40 AM House FIN

CS FOR SENATE BILL NO. 128(FIN)                                                                                                 
                                                                                                                                
An Act moving the termination date of the Board of                                                                              
Storage Tank Assistance to June 30, 1999; relating to                                                                           
the storage tank assistance fund, to financial                                                                                  
assistance for owners and operators of underground                                                                              
petroleum storage tank systems, and to discharges from                                                                          
underground petroleum storage tank systems; and                                                                                 
providing for an effective date.                                                                                                
                                                                                                                                
ANNETTE KREITZER, STAFF, SENATOR LOREN LEMAN, stated that it                                                                    
was clarified during Conference Committee that the intent of                                                                    
the fiscal note was to add back five positions.  The $58.2                                                                      
thousand dollars is the difference between what the                                                                             
Conference Committee agreed upon and what would constitute                                                                      
five positions.                                                                                                                 
                                                                                                                                
Representative J. Davies pointed out that problems result                                                                       
because only six positions now exist with work effort being                                                                     
reduced next year and the total number of positions cut will                                                                    
be ten.  The Department of Environmental Conservation has                                                                       
made the decision to de-emphasize that program because of                                                                       
the lack of needed manpower.                                                                                                    
                                                                                                                                
BARBARA FRANK, DIRECTOR, DIVISION OF ADMINISTRATIVE                                                                             
SERVICES, DEPARTMENT OF ENVIRONMENTAL CONSERVATION, noted                                                                       
that there has been ten total positions cut out of the                                                                          
program.  With that size cut, the Department would not be                                                                       
able to implement the bill.  There is no point in the                                                                           
Department funding the Board for the storage tank assistance                                                                    
to write regulations in order to establish a program which                                                                      
the Department will not be able to afford to implement.                                                                         
                                                                                                                                
Co-Chair Mulder questioned how many staff people remained in                                                                    
that program.  Ms. Frank replied that only twenty of the                                                                        
thirty employed positions remained which the Department had                                                                     
in FY99, leaving a 10-position cut.  The Department has                                                                         
chosen not to implement a Board with that cut.  There would                                                                     
be no staff to implement or issue clean up programs and                                                                         
grants.  Therefore, no need exists to write regulations for                                                                     
a new program.  Co-Chair Mulder offered that there possibly                                                                     
no need for Department of Environmental Conservation then.                                                                      
He emphasized his resentment that the Department could                                                                          
indicate that there is "no need" for a program because of                                                                       
staff cuts.  Ms. Frank restated the Department's priority                                                                       
for the twenty remaining positions:                                                                                             
                                                                                                                                
 * The prevention program; and                                                                                                  
 * The above ground storage tanks.                                                                                              
                                                                                                                                
Ms. Frank continued, there are some federally funded staff                                                                      
who can only work on federally approved clean-ups.  All                                                                         
State funded staff that could work on the clean up program                                                                      
have been eliminated.  Co-Chair Mulder countered that was                                                                       
not the intent during budget discussion but instead a                                                                           
decision made by the Department.                                                                                                
                                                                                                                                
Representative J. Davies advised that the number of                                                                             
positions funded for the clean up program was six and that                                                                      
the budgetary level of effort has been reduced from $3                                                                          
million dollars to $1 million dollars.  Representative G.                                                                       
Davis asked if the prevention program was more important                                                                        
than the underground storage oil clean up.  Ms. Frank                                                                           
replied that the Department in not preventing leaks but                                                                         
merely cleaning up leaks would create a never-ending cycle.                                                                     
She believed that prevention investment program would help                                                                      
to stabilize requests for additional clean up dollars.                                                                          
                                                                                                                                
Representative Bunde commented that if the Department has                                                                       
decided not to implement the legislation, the fiscal notes                                                                      
should be stripped out and the bill left in Committee.                                                                          
                                                                                                                                
Representative Grussendorf argued that this is not the                                                                          
entirety of the work of the Department of Environmental                                                                         
Conservation.  They are responsible for monitoring air and                                                                      
water quality and food protection.  The bill addresses                                                                          
providing grants and assistance to the small business                                                                           
owners.  The Department must be able make a choice as to                                                                        
what is monitored and what will happen to this particular                                                                       
program in the best interest of the public and the State.                                                                       
                                                                                                                                
Representative Bunde clarified that if the bill is passed,                                                                      
the five positions added back would be funded, and if the                                                                       
bill is not passed, they would not be added back into the                                                                       
funding mechanism.  Co-Chair Mulder agreed.                                                                                     
                                                                                                                                
Representative Williams MOVED to report HCS CSSB 128 (FIN)                                                                      
out of Committee with individual recommendations and with                                                                       
the accompanying fiscal notes.  Representative Bunde                                                                            
OBJECTED.                                                                                                                       
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Moses, Williams, Austerman, J. Davies, G.                                                                             
Davis, Foster, Grussendorf, Kohring, Mulder                                                                                     
OPPOSED:  Bunde                                                                                                                 
                                                                                                                                
Co-Chair Therriault was not present for the vote.                                                                               
                                                                                                                                
The MOTION PASSED (9-1).                                                                                                        
                                                                                                                                
HCS CSSB 128(FIN) was reported out of Committee with "no                                                                        
recommendations" and with a fiscal note by the Department of                                                                    
Law dated 5/15/99 and a new note by the House Finance                                                                           
Committee.