Polluters Immunity Bill Revived House Passes Batt/Business Compromise Giving Confidentiality In Exchange For Promise To Fix Problems
Legislation giving polluters immunity from prosecution and confidentiality if they admit their violations was revived Thursday in a closed-door conference.
Gov. Phil Batt, business leaders and lobbyists worked out a new version of the bill with several amendments. It then zipped through the House on a unanimous vote. The bill now goes to the Senate.
The major amendment the governor demanded says that in exchange for immunity, polluters would have to sign a consent order with the state Division of Environmental Quality agreeing to fix the problems.
Proponents said the bill would encourage companies to honestly assess environmental safeguards without fear of recrimination by state regulators.
“This is an industry self-regulating bill,” said Rep. Maynard Miller, R-Moscow. He called the bill one of the most significant in the 1995 legislative session.
Under current law, companies are driven to comply by fear of penalties instead of by concern for potential environmental problems, said co-sponsor Rep. Delores Crow, R-Nampa. Thursday’s bill, she said, would “enable DEQ to make the transition from an enforcement agency to pollution control.”
“Many small businesses kind of have a policy of ‘don’t ask, don’t tell,”’ said co-sponsor Rep. Mark Stubbs. “The small-business community is terrified of environmental regulation and environmental enforcement.”
Stubbs said the intent is to encourage companies to come forward. He called it “a positive, environmental bill.”
“We could prosecute every single business in Idaho for violating environmental audits and we wouldn’t get one whit closer to cleaning up the environment,” Stubbs said.
But lawmakers don’t intend to allow companies to get away with repeated or extreme violations, he said. Also, Stubbs said the companies won’t be immune from cleaning up the problems.
The bill was declared dead several days ago as both houses scrambled to ram through last-minute legislation.
“It’s had more ups and downs than the Capitol elevator on a busy day,” quipped Rep. Crow.
In addition to the requirement for cleanup, another amendment to the bill adds a so-called “sunset clause” which would make the new law expire in two years unless the Legislature specifically extends it.
A third amendment allows the governor to make public any environmental problem if there is “imminent and substantial danger” to public health or the environment.
“It’s about time that government started being helpful instead of coming in with the heavy hand,” said Rep. Golden Linford, R-Rexburg. “This will give a little breathing room for business to take care of what needs to be taken care of.”