Legislature(1997 - 1998)
1997-05-10 Senate Journal
Full Journal pdf1997-05-10 Senate Journal Page 1939 SB 41 Message dated and received May 9 was read, stating: Dear President Miller: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR CS FOR SENATE BILL NO. 41(JUD) An Act relating to environmental audits to determine compliance with certain laws, permits, and regulations. The partnership this Administration has formed with Alaska industry is a source of much pride and benefit to the state. These partnerships have led directly to the creation of new jobs for Alaskans, new state revenues and a generally stronger economy. Another less publicized yet equally important benefit of these partnerships to Alaskas future is the improved environmental protections we have put in place. As a result of various actions by my Administration, our industry partners are operating in a way that better protects Alaskas environment. I am committed to the use of additional incentives to further improve our industries already good record. Environmental self-audits and prompt correction of the environmental problems identified in those audits are part of doing development right. I endorse appropriate incentives to promote the use of environmental audits. One of the incentives in the bill I support is not penalizing corporations when they report environmental violations uncovered in an audit and promptly correct them. This is current Department of Environmental Conservation practice. 1997-05-10 Senate Journal Page 1940 SB 41 I cannot, however, in good conscience, support an incentive which allows information regarding environmental practices that could lead to releases of toxic substances into the air or water to be kept confidential and withheld from the public. Our partnership with the industry and the public is based on being open and accountable to the public. I cannot support legislation that creates a perception of secrecy and risks undermining public trust in those partnerships. This bill started out with considerable problems. It gave immunity from criminal violations and occupational safety and health violations, it kept confidential the entire audit report, and it did not require companies to promptly discontinue or correct violations found. I appreciate the Legislatures cooperation in adding, at the suggestion of the Departments of Environmental Conservation and Law, measures to prevent abuse of the bills confidentiality and immunity provisions. However, preventing abuses does not correct the underlying flaw in this bill--allowing information regarding environmental practices to remain confidential. Under DECs current policies, companies conducting environmental audits and making plans for prompt corrective action will not face enforcement actions. Several businesses in Alaska already conduct audits of their environmental practices. None of these audits have been used against a company, either by a government agency or in a private lawsuit. In addition, existing law already establishes a number of ways a company can maintain confidentiality when appropriate. Alaska businesses have told the Department of Environmental Conservation what the best incentives are to encourage operators to actively review their compliance with environmental rules. They include tax credits or small technology grants, expedited permitting, increased operating flexibility, multi-media or systems-level inspections, reduced inspection frequency, and a reduction in penalties along the lines of the Department of Environmental Conservations current policy. Confidentiality of audit information was not one of the main incentives suggested. 1997-05-10 Senate Journal Page 1941 SB 41 I have directed the Department of Environmental Conservation to continue to develop incentives and policies that reward individual and corporate responsibility. I am confident we can provide that encouragement without harming public confidence in our shared goal of proving that, in Alaska, we do development right. For these reasons, I have vetoed HCS CSSB 41 (JUD). Sincerely, /s/ Tony Knowles Governor