SENATE CONCURRENT RESOLUTION NO. 29
(By Senators Wooton, Anderson, Bowman, Buckalew, Deem, Dittmar,
Grubb, Miller, Oliverio, Ross, Scott, Wiedebusch and Yoder)
Requesting the joint committee on the judiciary to make a study of
environmental self-audits and their protection as a legally
privileged communication.
Whereas, Environmental laws have become more complex and
numerous over the past decade. An unexpected consequence of that
growth and complexity is that compliance with environmental laws
has become more difficult for West Virginia business; and
Whereas, The protection of the environment rests principally
on the public's voluntary compliance with environmental laws and
rules adopted thereunder. One mechanism to encourage voluntary
compliance has been achieved through the implementation of regular
self-evaluative activities, such as audits of compliance status and
management systems to assure compliance. Businesses need to be
encouraged to conduct these internal environmental audits to
maintain compliance, to identify deficiencies and promptly correct
them and to encourage reduction in the cost of compliance both for
themselves and for the division of environmental protection; and
Whereas, Those West Virginia businesses who do conduct audits
are protecting their content through alternative privileged communication, such as attorney-client or work product. These
privileges do not provide the public with guidance for proper
disclosure when there is a fraudulent purpose nor is there a
requirement that prompt and diligent efforts be made to remedy a
situation of noncompliance; and
Whereas, The public interest and environmental protection
would best be served by providing meaningful incentives to the
regulated community to encourage the use of comprehensive
environmental audits; therefore, be it
Resolved by the Legislature of West Virginia:
That the division of environmental protection determine the
impact of the creation of an evidentiary privileged communication
for environmental audits upon the compliance with environmental
laws within this state; and, be it
Further Resolved, That recommendations by a joint committee
must determine the benefits of developing an evidentiary privileged
communication for self-audits; and, be it
Further Resolved, That an interim committee be formed,
comprised of eleven persons; three appointed by the chairman of the
House of Delegates committee on the judiciary and three appointed
by the chairman of the Senate committee on the judiciary; the
director of the division of environmental protection; one person
appointed by the president of the Senate and one by the speaker of the House of Delegates representative of the environmental
community of this state; and one person appointed by the president
of the Senate and one by the speaker of the House of Delegates
representative of the regulated business community. The interim
committee shall issue a report by the first day of January, one
thousand nine hundred ninety-seven, on the results and
recommendations of that study.