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.