2007 Minnesota Statutes

114C.26 ACCESS TO DOCUMENTS.
    Subdivision 1. Public access. After receipt by the commissioner of a report that complies
with section 114C.22, subdivision 2, the state may not request, inspect, or seize a final audit
report, draft audit papers, the notes or papers prepared by the auditor or the person conducting the
audit, or the internal documents of a regulated entity establishing, coordinating, or responding
to the audit, other than the report required in section 114C.22, subdivision 2, provided that the
regulated entity is in compliance with its commitments under sections 114C.22 and 114C.23.
This subdivision does not restrict the ability of the state to seek monitoring, testing, or
sampling data, or information about the location or nature of spills, releases, or threatened releases
related to a suspected violation even if the information is contained in an audit report, draft audit
papers, or other document protected under this subdivision.
    Subd. 2. Third-party access. After receipt by the commissioner of a report that complies
with section 114C.22, subdivision 2, the final audit report, draft audit reports, any notes or papers
prepared by the auditor or by the person conducting the audit, and the internal documents of a
regulated entity establishing, coordinating, or responding to the audit covered by the report are
privileged as to all persons other than the state provided that the regulated entity is in compliance
with its commitments under sections 114C.22 and 114C.23.
    Subd. 3. Nonwaiver of protections. Participation by a regulated entity in the environmental
improvement program does not waive, minimize, reduce, or otherwise adversely affect the level
of protection or confidentiality that exists, under current or developing common or statutory law,
with respect to any other documents relating to an environmental audit.
    Subd. 4. Exceptions. Nothing in this section or any policy or rule adopted by the agency on
environmental auditing shall limit the ability of:
(1) the state to seek any information that the state deems necessary to investigate, prevent,
or respond to a situation that presents an imminent and substantial endangerment to human
health or the environment;
(2) the state to seek any information the state deems necessary to respond to a continuing
violation of any environmental requirement;
(3) the state to seek information as part of a criminal investigation; or
(4) the federal government to seek any information it is authorized to obtain under federal
law.
History: 1995 c 168 s 15; 1996 c 437 s 24; 1999 c 158 s 12; 2000 c 260 s 94