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