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ROBERT L. EHRLICH, JR., Governor Ch. 531
personal representative, trustee, or fiduciary holds an interest to determine
compliance with an environmental law and respond to certain liability relating
to the property, and generally relating to limited liability companies and
partnerships the powers of personal representatives, trustees, and fiduciaries.
BY repealing and reenacting, with amendments,
Article - Estates and Trusts
Section 7-401(cc)(1), 14-108(b)(1), and 15-102(z)(1)
Annotated Code of Maryland
(2001 Replacement Volume and 2005 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Estates and Trusts
7-401.
(cc) (1) To comply with an environmental law, a personal representative may:
(i) Inspect property held by the personal representative, including
any type of interest in a sole proprietorship, partnership, LIMITED LIABILITY
COMPANY, or corporation, and any assets owned by a sole proprietorship, partnership,
LIMITED LIABILITY COMPANY, or corporation to determine compliance with an
environmental law and respond to an actual or potential environmental liability
relating to the property;
(ii) Before or after the initiation of a claim or a governmental
enforcement action, take any action necessary to prevent, abate, or otherwise remedy
an actual or potential environmental liability relating to property held by the
personal representative;
(iii) Settle or compromise at any time a claim against the estate
based on an alleged environmental liability that may be asserted by any person; and
(iv) Pay from the estate the costs of an inspection, review, study,
abatement, response, cleanup, or other remedial action that involves an
environmental liability as provided under § 15-524 of this article.
14-108.
(b) (1) To comply with an environmental law, a trustee may:
(i) Inspect property held by the trustee, including any type of
interest in a sole proprietorship, partnership, LIMITED LIABILITY COMPANY, or
corporation, and any assets owned by a sole proprietorship, partnership, LIMITED
LIABILITY COMPANY, or corporation, to determine compliance with an environmental
law and respond to an actual or potential environmental liability relating to the
property;
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