Legislature(2017 - 2018)ADAMS ROOM 519
04/12/2018 01:30 PM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB158 | |
| SB37 | |
| SB15 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 37 | TELECONFERENCED | |
| + | SB 15 | TELECONFERENCED | |
| + | SB 155 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 158 | TELECONFERENCED | |
SENATE BILL NO. 158
"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."
1:42:17 PM
Co-Chair Foster indicated that bill was previously heard on
April 9, 2018.
1:42:56 PM
KRISTIN RYAN, DIRECTOR, DIVISION OF SPILL PREVENTION AND
RESPONSE, DEPARTMENT OF ENVIRONMENTAL CONSERVATION (via
teleconference), relayed that the department did not have
anything to add on the record for the bill.
Representative Wilson was in support of the bill. She
appreciated time to offer amendments but could not find a
way to apply the bill retroactively without complications.
She would not be offering any amendments to the bill.
1:44:47 PM
Representative Kawasaki supported moving the bill. He
expressed concerns that Section 3 of the bill left the
clean-up responsibility up to the state for individuals who
could afford to pay the costs. He referred to Page 2, lines
11 through 12 of the bill:
(3) the person took immediate measures upon discovery
of the release to contain the release where possible;
Representative Kawasaki asked about the retroactivity
clause. Ms. Ryan responded that he was referring to an
existing statute. She explained that upon discovery of a
release the property owner was expected to take immediate
action to stop the release and minimize the long-term
damage from the leak. The bill included a retroactive
clause that stated if the homeowner took immediate remedial
action the Department of Environmental Conservation (DEC)
would not bill them retroactively to the date of the
legislation. Representative Kawasaki referred to Section 3
regarding the department's ability to waive the response
costs and the use of the word "may." He asked if the
department intended to adopt the waiver regulations. Ms.
Ryan responded in the affirmative.
Vice-Chair Gara reviewed the zero fiscal note FN1 (DEC),
from DEC. He reported that the division expected a loss in
cost recovery revenue of approximately $60.0 annually.
Representative Kawasaki referred to page 2 of the fiscal
note analysis that stated:
The Division of Spill Prevention and Response will
absorb the cost of promulgating regulations.
Representative Kawasaki referred to previous committee
discussion regarding whether agencies should be expected to
cover the costs of promulgating regulations and noted DEC's
absorption of the expense.
1:48:57 PM
Representative Wilson cited the analysis on page 2 of the
fiscal note that stated regulations would be adopted by FY
2020. She asked whether the division would have to
retroactively charge costs. Ms. Ryan relayed that the date
was inserted arbitrarily, however the division intended to
implement regulations immediately upon passage of the bill.
Co-Chair Seaton MOVED to report CSSB 158 (FIN) out of
Committee with individual recommendations and the
accompanying fiscal note.
CSSB 158 (FIN) was REPORTED out of committee with a "do
pass" recommendation and with a previously published fiscal
impact note: FN1 (DEC).
1:51:09 PM
AT EASE
1:51:22 PM
RECONVENED