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House Journal: Page 424: Tuesday, March 3, 1998

37     (3)  An officer or director of the regulated
38   facility or operation or a partner of the owner or
39   operator.
40     (4)  An independent contractor retained by the
41   owner or operator.
42     b.  The disclosure is made under the terms of a
43   confidentiality agreement between the owner or
44   operator of the audited facility or operation and any
45   of the following:
46     (1)  A partner or potential partner of the owner or
47   operator of the facility or operation.
48     (2)  A transferee or potential transferee of the
49   facility or operation.
50     (3)  A lender or potential lender for the facility

Page 4

 1   or operation.
 2     (4)  A governmental official or agency of this
 3   state.
 4     (5)  A person or entity engaged in the business of
 5   insuring, underwriting, or indemnifying the facility
 6   or operation.
 7     3.  A party to a confidentiality agreement
 8   described in subsection 2, paragraph "b", who violates
 9   that agreement is liable for damages caused by the
10   disclosure and for any other penalties stipulated in
11   the confidentiality agreement.
12     4.  Information that is disclosed under subsection
13   2, paragraph "b", subparagraph (4), is confidential
14   and is not subject to disclosure under chapter 22.  A
15   governmental entity, governmental employee, or
16   governmental official who discloses information in
17   violation of this subsection is subject to any penalty
18   provided in chapter 22.
19     5.  The protections provided by federal or state
20   law shall be afforded to individuals who disclose
21   information to law enforcement authorities.
22     Sec. 5.  NEW SECTION.  455J.5  REQUIRED DISCLOSURE.
23     1.  A court or a presiding officer in an
24   administrative hearing may require disclosure of a
25   portion of an environmental audit report in a civil or
26   administrative proceeding if the court or presiding
27   officer affirmatively determines, after an in camera
28   review, that any of the following exists:
29     a.  The privilege is asserted for a fraudulent
30   purpose.
31     b.  The portion of the environmental audit report
32   is not subject to the privilege under section 455J.6.
33     c.  The portion of the environmental audit report
34   shows evidence of noncompliance with a local, state,
35   or federal environmental or other law, rule,
36   ordinance, or permit condition and appropriate efforts

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