SB 376: An Act relating to fees charged by state agencies for certain services and to reimbursement for expenses incurred by the state in providing certain services; and providing for an effective date. Ron King, Project Manager for Mobile Sources, Environmental Specialist, Air Quality Management Section, Division of Environmental Quality, Department of Environmental Conservation, spoke to Co- chair Frank's concerns. Amendments 1, 2, and 3 were ADOPTED. CSSB 376(FIN) was REPORTED out of committee with a "do pass," zero fiscal notes for the Department of Public Safety-Fire, the Department of Corrections and the Department of Revenue (0.4 revenue), a fiscal note for the Department of Environmental Conservation for $128.0 ($670.2 revenue) and a fiscal note for the Department of Public Safety for $1.5. SENATE BILL NO. 376: An Act relating to fees charged by state agencies for certain services and to reimbursement for expenses incurred by the state in providing certain services; and providing for an effective date. Co-chair Pearce announced that SB 376 was before the committee. She explained that SB 215 repealed the department's ability to prescribe fees for oil discharge financial responsibility or oil discharge contingency plans. To be consistent with SB 215, subsections (4) and (5) needed to be deleted from SB 376 on page 4, lines 19-20. Co-chair Frank MOVED for amendment 1 deleting (4) and (5). No objection being heard, amendment 1 was ADOPTED. Co-chair Frank said he was under the impression that the Department of Environmental Conservation was going to supply language that would be more specific on their regulation of motor fuels to control omissions, and also on the analysis of the public water system samples authorized for submission to the department. RON KING, Project Manager for Mobile Sources, Environmental Specialist, Air Quality Management Section, Division of Environmental Quality, Department of Environmental Conservation, said he believed Section 8 was rather specific as it was. He provided the committee with a handout (copy on file, Attachment A). He said the Department could not charge for just anything, it would have to be a program designed to regulate or control omissions from mobile sources. In answer to Co-chair Frank, Mr. King said the place this regulation would be used was for the low sulphur diesel petition. There was currently federal law to require low sulphur diesel fuel. In order to prepare a petition to be exempt from that law, the department would utilize this regulation. The only other program this regulation applied to was the oxygenated fuels program. It would not be under the vehicle inspection program. Those were recovered by fees in another area. In answer to Senator Rieger, Mr. King said that the fee would be paid by the distributors of the fuel or refiners of the fuel, not directly by the citizen. He pointed out though, in reality, those fees would be passed on to the consumer. Co-chair Frank reiterated that he would like the language narrowed so it was clear this was specific to those programs and done in consultation with the distributors. Mr. King said he would work on the language and assured the committee that the Department had worked with the distributors. Co- chair Frank said he did not want this provision to look like a blanket authority for the department. Co-chair Pearce announced that SB 376 would be HELD until language could be drafted by the Department on Sections 13 and 14. Later in the meeting, the committee returned to SB 376 and the following action was taken. Co-chair Frank MOVED amendment 2, amending page 5, line 6. No objection being heard, amendment 2 was ADOPTED. Co-chair Frank MOVED amendment 3, to clarify programs under this provision. No objection being heard, amendment 3 was ADOPTED. Recess 10:55am Reconvene 10:57am At the end of the meeting, the committee returned to SB 376. Co-chair Frank MOVED for passage of SB 376 as amended from committee with individual recommendations. No objection being heard, CSSB 376 was REPORTED out of committee with a "do pass," zero fiscal notes for the Department of Public Safety-Fire, the Department of Corrections and the Department of Revenue (0.4 revenue), a fiscal note for the Department of Environmental Conservation for $128.0 ($670.2 revenue) and a fiscal note for the Department of Public Safety for $1.5. Co-chairs Pearce and Frank, Senator Kelly, Rieger, Jacko and Sharp signed "do pass," and Senator Kerttula signed "do not pass."