HB 2199 Summary

• Adds Arizona Revised Statutes Title 49, Chapter 10 establishing an environmental audit privilege protecting audit reports and related documents from disclosure in civil and administrative proceedings.

• Defines audit reports as documents created to evaluate compliance with environmental laws, including findings, recommendations, interviews, field notes, analyses, photographs, and laboratory data.

• Provides privilege protections that prevent compelled testimony or document production about privileged audit materials, except for persons who personally observed physical violations.

• Permits disclosure of audit reports without waiving privilege if made under confidentiality agreements with partners, lenders, insurers, or state officials, or to employees and legal representatives for corrective purposes.

• Allows courts and administrative officials to compel disclosure after in-camera review if privilege is asserted fraudulently, materials are not privileged, or noncompliance was discovered but not promptly corrected with reasonable diligence.