Information not subject to privilege

A. The privilege established by Section 5 of this act does not apply to: 1. A document, communication, datum or report or other information required by a regulatory agency to be collected, developed, maintained or reported under a federal or state environmental or health and safety law; 2. Information obtained by observation, sampling or monitoring by a regulatory agency; or 3. Information obtained from a source not involved in the preparation of the environmental or health and safety audit report. B. This section does not limit the right of a person to agree to conduct and disclose an audit report. Added by Laws 2019, c. 229, § 8, eff. Nov. 1, 2019.