HCS HB 968 -- ENVIRONMENTAL AUDITS

SPONSOR:  Bivins

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Energy and Environment by a vote of 8 to 4.

This substitute allows companies to conduct voluntary
environmental audits in order to discover and correct
noncompliance with environmental regulations.  If a company
complies with the voluntary audit requirements, it will be exempt
from certain types of criminal and administrative penalties and
may keep its voluntary audit reports confidential.  Companies
will not be exempt from any tort actions by private parties.  In
order to comply with the voluntary audit requirements, a company
must:

(1)  Discover noncompliance during a voluntary environmental
audit;

(2)  Disclose its noncompliance to the Department of Natural
Resources within 21 days;

(3)  Make the disclosure prior to any legal actions or regulatory
investigations concerning the audit;

(4)  Correct any noncompliance within 60 days or as determined by
the department;

(5)  Take steps to prevent future noncompliance with
environmental regulations;

(6)  Show that the reported noncompliance was not part of a
pattern and that a similar noncompliance did not occur in the
previous three years or within the past five years at another
facility owned by the company;

(7)  Show that the noncompliance did not cause actual harm or
violate an administrative order or agreement; and

(8)  Provide certain specified information to the department.

The terms of any compliance agreement reached between a company
and the department will be available to the general public.

FISCAL NOTE:  No impact on state funds in FY 2008, FY 2009, and
FY 2010.

PROPONENTS:  Supporters say that the bill will encourage the use
of voluntary environmental audits.  It will not alter any
existing environmental reporting requirements or prevent tort
suits based on noncompliance with environmental regulations.

Testifying for the bill were Representative Bivins; Department of
Natural Resources; Associated Industries of Missouri; and Randy
Scheer.

OPPONENTS:  Those who oppose the bill say that it is unnecessary
and will not encourage environmental compliance.  The federal
Environmental Protection Agency prefers that state statutes not
alter its regulatory requirements.

Testifying against the bill were Office of the Attorney General;
Sierra Club; and Missouri Votes Conservation.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:21 am