SENATOR MILLER announced SJR 40 (URGE CONGRESS TO AMEND OIL POLLUTION LAW) to be up for consideration. He noted there was a proposed CS. SENATOR PEARCE said the Energy Council meeting in December passed a policy relating to the financial responsibility requirements of OPA '90 that were added at conference committee and never had a public hearing at the congressional level. Now, she explained that anyone with a fuel tank is faced with the possibility of needing to show that they have $150 million of liquid ability to cover any release. The Council contends that congress did not intend to have the $150 million apply to every entity near navigable waters. She explained that the CS added a section on page 2, lines 6 - 8. SENATOR LEMAN moved to adopt the proposed CS to SJR 40 (Res). There were no objections and it was so ordered. Number 155 GLENN GRAY, Division of Governmental Coordination, passed out a summary of the administration's position on MMS on OPA '90 financial responsibility requirements. He said the highest risk of oil pollution comes from vessels. 90% of oil entering the water excluding natural causes is from vessels or is transportation related. Requiring $150 million proof of financial responsibility would be devastating if MMS is implemented, because it is interpreted to mean every facility that handles oil, oil products, and wet lands which is over 50% of the state. He supported the resolution. SENATOR LEMAN moved to discharge CS to SJR 40 (Res) from committee with individual recommendations. There were no objections and it was so ordered.