This file contains UNDERSCORE. If you cannot see the UNDERSCORE attribute or would like to change how this attribute is displayed, please use the following form to make the desired change.

House Journal: Page 425: Tuesday, March 3, 1998

37   to achieve compliance with the law or ordinance were
38   not promptly initiated and pursued with reasonable
39   diligence after discovery of noncompliance.
40     2.  A party seeking disclosure under this section
41   has the burden of proving that subsection 1 applies.
42     3.  A decision of a presiding officer in an
43   administrative hearing under subsection 1 may be
44   directly appealed to the district court without
45   disclosure of the environmental audit report to any
46   person unless so ordered by the court.
47     4.  A determination of a court under this section
48   is subject to interlocutory appeal to an appropriate
49   appellate court.
50     Sec. 6.  NEW SECTION.  455J.6  MATERIALS NOT

Page 5

 1   PRIVILEGED.
 2     1.  The privilege described in this chapter does
 3   not apply to any of the following:
 4     a.  A document, communication, datum, report, or
 5   other information required by a regulatory agency to
 6   be collected, developed, retained, or reported under a
 7   local, state, or federal environmental law, rule,
 8   ordinance, or permit condition.
 9     b.  Information obtained by observation, sampling,
10   or monitoring by a regulatory agency or a regulatory
11   agency's authorized designee.
12     c.  Information obtained from a source not involved
13   in the preparation of the environmental audit report.
14     2.  This section does not limit the right of a
15   person to agree to conduct an environmental audit and
16   disclose an environmental audit report.
17     Sec. 7.  NEW SECTION.  455J.7  REVIEW OF PRIVILEGED
18   DOCUMENTS.
19     1.  If an environmental audit report is obtained,
20   reviewed, or used in a criminal proceeding, the
21   administrative and civil evidentiary privilege
22   established in this chapter is not waived or made
23   inapplicable for any purpose other than for the
24   criminal proceeding.
25     2.  Notwithstanding the privilege established in
26   this chapter, a regulatory agency may review
27   information in an environmental audit report that is
28   required to be collected, developed, retained, or
29   reported under a specific local, state, or federal
30   law, rule, ordinance, or permit condition, but such
31   review does not waive or make the administrative and
32   civil evidentiary privilege inapplicable.  A
33   regulatory agency shall not adopt a rule or impose a
34   condition that circumvents the purpose of this
35   chapter.
36     3.  If information is required to be made available

© 1998 Cornell College and League of Women Voters of Iowa

Comments about this site or page? hjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Mar 4 13:40:04 CST 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/00400/00425.html
jhf