Ch. 504                                    2004 LAWS OF MARYLAND

7-702.

(A)     THIS SUBTITLE APPLIES TO ANY PERSON WHO OWNS, OPERATES,
MAINTAINS, OR CAUSES TO OPERATE OR MAINTAIN A FACILITY IN THIS STATE.

(B)     THIS SUBTITLE DOES NOT APPLY IN A LOCAL JURISDICTION THAT ADOPTS
HAZARDOUS MATERIAL SECURITY STANDARDS THAT ARE AT LEAST AS STRINGENT
AS THE STANDARDS UNDER § 7-703 OF THIS SUBTITLE.

(C)     ON OR BEFORE OCTOBER 1, 2005, AND AT LEAST EVERY 5 YEARS
THEREAFTER, A PERSON SUBJECT TO THIS SUBTITLE SHALL:

(1)      ANALYZE THE SECURITY OF THE FACILITY IN ACCORDANCE WITH
THE HAZARDOUS MATERIAL SECURITY STANDARDS ADOPTED BY THE DEPARTMENT
UNDER § 7-703 OF THIS SUBTITLE;

(2)      SUBMIT TO THE DEPARTMENT THE ANALYSIS REQUIRED UNDER
PARAGRAPH (1) OF THIS SUBSECTION, INCLUDING POTENTIAL SECURITY THREATS,
VULNERABILITIES, AND CONSEQUENCES TO THE FACILITY AND ANY CHANGES
TAKEN TO IMPLEMENT THIS SUBTITLE AT THE FACILITY; AND

(3)      EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, SUBMIT
THE A FEE REQUIRED UNDER THIS SUBTITLE OF $2,500 TO THE DEPARTMENT.

(D)     COUNTIES AND MUNICIPAL CORPORATIONS ARE EXEMPT FROM
SUBMITTING THE FEE REQUIRED UNDER SUBSECTION (C)(3) OF THIS SECTION.

(E)     THE FEES RECEIVED UNDER SUBSECTION (C)(3) OF THIS SECTION SHALL
BE PAID INTO A SEPARATE ACCOUNT IN THE COMMUNITY RIGHT-TO-KNOW FUND.

(F)     (1) THE ANALYSES PREPARED AND NOTIFICATIONS SUBMISSIONS
REQUIRED UNDER SUBSECTION (C) OF THIS SECTION, OR DOCUMENTS PREPARED
UNDER § 7-703 OF THIS SUBTITLE TO COMPLY WITH SUBSECTION (C) OF THIS
SECTION, AND THEIR SUPPORTING DOCUMENTS ARE CONFIDENTIAL AND ARE NOT
PUBLIC DOCUMENTS THAT MAY BE DISCLOSED WITHOUT PRIOR WRITTEN
PERMISSION OF THE PERSON SUBJECT TO THIS SUBTITLE IN ACCORDANCE WITH
TITLE 10, SUBTITLE 6 OF THE STATE GOVERNMENT ARTICLE.

(2) (I) NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION, THE
DEPARTMENT OF STATE POLICE SHALL DISCLOSE INFORMATION RELATED TO ANY
INVESTIGATION AND ENFORCEMENT ACTION TAKEN AGAINST A FACILITY UNDER
THIS SUBTITLE IF THE DEPARTMENT OF STATE POLICE DETERMINES THAT
DISCLOSURE WOULD NOT RESULT IN ANY ADDITIONAL RISK TO THE PUBLIC.

(II) IF THE DEPARTMENT OF STATE POLICE MAKES THE
DETERMINATION TO DISCLOSE INFORMATION UNDER THIS PARAGRAPH, THE
DEPARTMENT OF STATE POLICE SHALL DETERMINE WHICH DOCUMENTS RELATED
TO THE ENFORCEMENT ACTION AND INVESTIGATION MAY BE DISCLOSED AS PUBLIC
DOCUMENTS SUBJECT TO TITLE 10, SUBTITLE 6 OF THE STATE GOVERNMENT
ARTICLE.

- 2378 -