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House Journal: Page 422: Tuesday, March 3, 1998

37   conclusions, drafts, memoranda, drawings, photographs,
38   computer-generated or electronically recorded
39   information, maps, charts, graphs, surveys,
40   implementation plans, interviews, discussions,
41   correspondence, and communications related to the
42   environmental audit, if the supporting information and
43   documents are generated and developed for the primary
44   purpose and in the course of or as a result of
45   conducting an environmental audit.  An "environmental
46   audit report" may include any of the following
47   components:
48     a.  A report prepared by the person conducting the
49   environmental audit, which may include the scope of
50   the environmental audit, the information gained in the

Page 2  

 1   environmental audit, conclusions, recommendations,
 2   exhibits, and appendices.
 3     b.  Memoranda and documents analyzing portions or
 4   all of the report and discussing implementation
 5   issues.
 6     c.  An implementation plan which addresses
 7   correcting past noncompliance, improving current
 8   compliance or an environmental management system, or
 9   preventing future noncompliance.
10     d.  Periodic updates documenting progress in
11   completing the implementation plan.
12     4.  "Inquiring party" means any party appearing
13   before a court or a presiding officer in an
14   administrative proceeding seeking to review or obtain
15   an in camera review of an environmental audit report.
16     5.  "Owner or operator" means the person or entity
17   who caused the environmental audit to be undertaken.
18     6.  "Privilege" means the privilege provided to an
19   environmental audit report as provided in this
20   chapter.
21     Sec. 3.  NEW SECTION.  455J.3  PRIVILEGE.
22     1.  An environmental audit report is privileged and
23   confidential and is not discoverable or admissible as
24   evidence in any civil or administrative proceeding,
25   except as otherwise provided in this chapter.  The
26   environmental audit report shall be labeled
27   "ENVIRONMENTAL AUDIT REPORT:  PRIVILEGED DOCUMENT", or
28   labeled with words of similar import.  Failure to
29   label each document does not constitute a waiver of
30   the environmental audit privilege or create a
31   presumption that the privilege does or does not apply.
32     2.  A person shall not be compelled to testify or
33   produce a document related to an environmental audit
34   in any of the following circumstances:
35     a.  If the testimony or document discloses any
36   component listed in section 455J.2, subsection 3, that

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