HB 301 -- Environmental Audit Privilege

Co-Sponsors:  Marble, Howerton, Secrest, Linton

This bill creates an audit privilege for owners of facilities
regulated by environmental law.  Owners may conduct a voluntary
internal audit designed to determine compliance with
environmental laws.  Information obtained in the audit is
privileged and not admissible as evidence in any legal action or
subject to disclosure during regulatory inspections.  A court or
administrative body may require disclosure if the privilege is
asserted for fraudulent purposes, or if the audit indicated
noncompliance with environmental law and the owner did not
reasonably pursue compliance.  The privilege does not apply to
data collected as required by law, or to data collected by a
regulatory agency or independent source.  Public employees who
divulge information subject to the privilege are guilty of a
class A misdemeanor.

The bill also prohibits the Department of Natural Resources from
seeking any administrative or civil penalties, or any criminal
penalties for negligent acts, from anyone who voluntarily
discloses an environmental violation discovered in an
environmental audit.  To qualify, the owner must make the
disclosure promptly and correct the violation within 2 years.
The prohibition against penalties does not extend to those who
have committed serious, repeated violations within the last 3
years.