S.B.
372
127th General Assembly
(As Passed by the Senate)
Sens. Niehaus, Schaffer, Harris, Lehner, Morano, Patton, Roberts, Sawyer, Seitz, Stivers, Turner, Wagoner
BILL SUMMARY
· Extends, until January 1, 2014, the time by which environmental audits must be completed in order to be within the scope of certain privileges and immunities provided under existing law regarding such audits.
· Declares an emergency.
CONTENT AND OPERATION
Under the Environmental Audit Law, the owner or operator of a facility
or property who conducts an environmental audit of one or more activities at
the facility or property has a privilege with respect to certain specified
items, information, and communications related to and uncovered as a result of
the environmental audit. Those items,
information, and communications are privileged and are not admissible as
evidence or subject to discovery in any civil or administrative
proceeding. Further, a person who
possesses information as a result of conducting or participating in an environmental
audit may not be compelled to testify in a civil or administrative proceeding
concerning the privileged portions of the environmental audit. The Environmental Audit Law then specifies
that the privilege does not apply to criminal proceedings and in other
specified circumstances. The privilege
so provided applies only to information and communications that are part of
environmental audits initiated after March 13, 1997, and completed before
January 1, 2009. (R.C. 3745.71.)
Existing law also establishes qualified immunity from any
administrative and civil penalties for the owner or operator of a facility or
property who conducts an environmental audit.
In order to receive the immunity, the owner or operator must voluntarily
disclose information contained in or derived from an audit report that concerns
an alleged violation of environmental laws to the director of the state agency
that has jurisdiction over the violation.
The immunity so provided applies only to information and communications
that are part of environmental audits initiated after March 13, 1997, and
completed before January 1, 2009. (R.C.
3745.72.)
The bill extends the time by which environmental audits must be
completed in order to be within the scope of the privilege and immunity provided
under existing law. Under the bill, the
privilege and immunity so provided apply only to information and communications
that are part of environmental audits initiated after March 13, 1997, and
completed before January 1, 2014. (R.C. 3745.71(I) and 3745.72(F).)
Stating that the immediate extension of the deadline is necessary in
order to continue the environmental audit program, the bill declares an
emergency (Section 3.)
HISTORY
ACTION |
DATE |
|
|
Introduced |
11-13-08 |
Reported, S. Environment & Natural Resources |
12-03-08 |
Passed Senate (30-0) |
12-09-08 |
S0372-PS-127.doc/jc