03/12/2018 09:00 AM Senate FINANCE

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."                                                                                                                     
                                                                                                                                
9:02:22 AM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon  outlined the  history of  the  bill in                                                                      
committee. She relayed that  the bill was previously heard                                                                      
in committee on March 8th, 2018.                                                                                                
                                                                                                                                
9:02:53 AM                                                                                                                    
                                                                                                                                
KRISTIN RYAN,  DIRECTOR, DIVISION OF  SPILL PREVENTION AND                                                                      
RESPONSE, DEPARTMENT OF  ENVIRONMENTAL CONSERVATION, (DEC)                                                                      
recapped the highlights of the bill. She reported that the                                                                      
bill was  requested by the governor. The  bill would offer                                                                      
cost recovery  relief to homeowners  when they experienced                                                                      
releases of oil from their home heating oil tanks. Current                                                                      
statutes   require   the   Department   of   Environmental                                                                      
Conservation  (DEC) to  seek  complete  cost recovery  for                                                                      
cleaning up  the  spilled petroleum product.  She surmised                                                                      
that the  situation inhibited homeowners from  reporting a                                                                      
spill.   The  department   provided  "essential  technical                                                                      
assistance"  to  homeowners  who often  had  "very  little                                                                      
knowledge or experience" about how  to properly remedy the                                                                      
spill. She believed the legislation enabled the department                                                                      
to carry out the important work that benefitted the public.                                                                     
                                                                                                                                
9:03:57 AM                                                                                                                    
                                                                                                                                
Senator Micciche wondered whether any national grant money                                                                      
was available to help recover the cleanup costs. He stated                                                                      
his support for the bill. Ms. Ryan replied in the negative.                                                                     
She clarified that the bill only addressed the department's                                                                     
costs for cleanup  and the homeowner was still responsible                                                                      
to pay other  costs associated with cleaning up the spill.                                                                      
She informed the  committee that the homeowner was charged                                                                      
$.095 cents  per gallon  of heating  fuel for  the state's                                                                      
cleanup expenses. She maintained that the homeowner already                                                                     
paid for the assistance through their heating oil bills.                                                                        
                                                                                                                                
Vice-Chair Bishop MOVED  to REPORT SB  158 with individual                                                                      
recommendations and accompanying fiscal  note. There being                                                                      
NO OBJECTION, it was so ordered.                                                                                                
SB  158 was  REPORTED out  of committee  with a  "do pass"                                                                      
recommendation and  with  one previously  published fiscal                                                                      
note: FN 1(DEC).                                                                                                                
                                                                                                                                
9:05:55 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:09:45 AM                                                                                                                    
RECONVENED