04/07/1993 01:00 PM House JUD

  Number 485                                                                   
                                                                               
  CHAIRMAN PORTER asked Ms. Adair if the amendment would                       
  assist the DEC, in the event that HB 238, Oil and Hazardous                  
  Substances Release Response Fund, passed.                                    
                                                                               
  Number 491                                                                   
                                                                               
  MS. ADAIR replied that it would not.  She expressed concerns                 
  about the amendment's impact on small businesses.                            
                                                                               
  Number 501                                                                   
                                                                               
  REPRESENTATIVE GREEN asked if the amendment would not be of                  
  assistance to small operators, as fees were on a sliding                     
  scale.                                                                       
                                                                               
  Number 505                                                                   
                                                                               
  MS. ADAIR reiterated her concern that Representative Green's                 
  amendment would not cover her agency's costs.                                
                                                                               
  Number 512                                                                   
                                                                               
  REPRESENTATIVE GREEN wondered if it would be possible for                    
  the DEC to review like oil spill contingency plans together.                 
                                                                               
  Number 520                                                                   
                                                                               
  MS. ADAIR noted that there were some similarities in some                    
  plans.  However, she said that the DEC was very sensitive to                 
  criticisms that it did not adequately review contingency                     
  plans.  In that light, she said, the DEC would still need to                 
  review each plan separately.                                                 
                                                                               
  Number 534                                                                   
                                                                               
  REPRESENTATIVE GREEN said that he was not suggesting that                    
  the DEC short-circuit the review process.                                    
                                                                               
  Number 548                                                                   
                                                                               
  MS. ADAIR commented that regulations developed to implement                  
  former HB 567 had set out a format for contingency plans.  A                 
  contingency plan, she said, was a total document, and needed                 
  to be thoroughly reviewed by the DEC.                                        
                                                                               
  CHAIRMAN PORTER commented that the issue before the                          
  committee was whether to set these fees in statute, as the                   
  House State Affairs Committee had done, or to allow the DEC                  
  to set them by regulation, as the House Labor and Commerce                   
  Committee had done.                                                          
                                                                               
  REPRESENTATIVE NORDLUND noted that he had made a motion to                   
  reinstate the House Labor and Commerce Committee's section                   
  54.  OBJECTION was heard.                                                    
                                                                               
  Number 600                                                                   
                                                                               
  REPRESENTATIVE NORDLUND AMENDED his MOTION to REINSTATE the                  
  House Labor and Commerce Committee's section 54 to also                      
  INCLUDE the DELETION of the House State Affairs Committee's                  
  section 44.                                                                  
                                                                               
  MS. ADAIR said that even if section 44 was deleted, the DEC                  
  already had the authority in current law to establish fees                   
  for contingency plan review.  That, she said, would not                      
  change.  It was her understanding that Representative                        
  Green's amendment would reestablish the DEC's authority to                   
  set contingency plan review fees in regulation.                              
                                                                               
  Number 638                                                                   
                                                                               
  REPRESENTATIVE GREEN WITHDREW his AMENDMENT.                                 
                                                                               
  A roll call vote on Representative Nordlund's motion was                     
  taken.  Representatives Green, Nordlund, and Porter voted                    
  "YEA."  Representative Kott voted "NAY."  And so, the MOTION                 
  PASSED.                                                                      
                                                                               
  Number 680                                                                   
                                                                               
  MS. FRASCA asked the committee to reinstate the House Labor                  
  and Commerce Committee's section 55, which would authorize                   
  the DEC to set fees to recover its indirect costs of                         
  administering the air quality permit program.  She noted                     
  that this change was required by the federal government.                     
  Currently, she said, the DEC could recover direct costs, but                 
  not indirect costs.