SRC-CDH S.B. 1585 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1585
By: Brown
Natural Resources
4-15-97
As Filed


DIGEST 

Currently, the Texas Environmental Health and Safety Audit Privilege Act
encourages companies to conduct voluntary audits of their compliance with
environmental and health and safety requirements by providing two types of
incentives: a limited privilege for voluntarily compiled information, and
a penalty immunity for certain violations that are self-disclosed.  Since
its implementation in 1995, approximately 450 entities have given notice
of intent to conduct a voluntary audit, and about 65 self-disclosures have
been made to the Texas Natural Resource Conservation Commission.  The
Environmental Protection Agency (EPA) has expressed a reluctance to grant
delegation of federal environmental programs to Texas, in part based on
opposition to the state's Audit Privilege Act.  However, the EPA concedes
that the audit law will not conflict with delegation of federal programs
if several changes are made to the law.  S.B. 1585 enacts certain changes
requested by the EPA in order to obtain delegation of federal
environmental programs.     
PURPOSE

As proposed, S.B. 1585 provides for environmental and health and safety
audits. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 8(a), Article 4447cc, V.T.C.S. (Texas
Environmental, Health, and Safety Audit Privilege Act), to provide that
the privilege described in this Act does not apply to material or
information contained in the audit report that cannot be reproduced
through any independent means, if a government official charged with the
enforcement of an environmental or health and safety law demonstrates a
compelling need for the information to protect human health or the
environment.   

SECTION 2. Amends Section 10, Article 4447cc, V.T.C.S., to delete the
provision establishing that, except as provided by this section, a person
who makes a voluntary disclosure of a violation of an environmental or
health and safety law is immune from a criminal penalty for the violation
disclosed.  Authorizes a penalty to be assessed for a violation that has
been voluntarily disclosed, notwithstanding any provision of this Act
regarding the elimination of a penalty, if the regulatory agency with
jurisdiction over the disclosed violation, the governor, and the attorney
general unanimously agree that the penalty should be assessed.  Makes
conforming changes. 

SECTION 3. Effective date:  September 1, 1997.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.