WILLIAM DONALD SCHAEFER, Governor                            Ch. 480

(3) ACCEPTANCE BY THE TRUSTEE OF PROPERTY OR FAILURE BY THE
TRUSTEE TO TAKE ACTION UNDER THIS SUBSECTION DOES NOT IMPLY THAT THERE
IS OR MAY BE LIABILITY UNDER AN ENVIRONMENTAL LAW WITH RESPECT TO ANY
PROPERTY.

15-101.

(a) In this subtitle the following words have the meanings indicated.

(F) (1) "ENVIRONMENTAL LAW" MEANS A FEDERAL, STATE, OR LOCAL
LAW, RULE, REGULATION, OR ORDINANCE THAT RELATES TO THE PROTECTION OF
THE ENVIRONMENT.

(2) "ENVIRONMENTAL LAW" INCLUDES TITLE 9 OF THE NATURAL
RESOURCES ARTICLE OF THE ANNOTATED CODE OF MARYLAND.

15-102.

(Y) (1) TO COMPLY WITH AN ENVIRONMENTAL LAW, A FIDUCIARY MAY:

(I)       INSPECT PROPERTY HELD BY THE FIDUCIARY, INCLUDING
ANY TYPE OF INTEREST IN A SOLE PROPRIETORSHIP, PARTNERSHIP, OR
CORPORATION, AND ANY ASSETS OWNED BY A SOLE PROPRIETORSHIP,
PARTNERSHIP, 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 ACTION NECESSARY TO PREVENT,
ABATE, OR OTHERWISE REMEDY AN ACTUAL OR POTENTIAL ENVIRONMENTAL
LIABILITY THAT AFFECTS THE FIDUCIARY ESTATE;

(III)    SETTLE OR COMPROMISE AT ANY TIME A CLAIM AGAINST THE
FIDUCIARY ESTATE BASED ON AN ALLEGED ENVIRONMENTAL LIABILITY THAT MAY
BE ASSERTED BY ANY PERSON; AND

(IV)    PAY FROM THE FIDUCIARY ESTATE THE COSTS OF AN
INSPECTION, REVIEW, STUDY, ABATEMENT, RESPONSE, CLEANUP, OR OTHER
REMEDIAL ACTION THAT INVOLVES AN ENVIRONMENTAL LIABILITY.

(2)      A IF A FIDUCIARY ACTS PRUDENTLY AND IN GOOD FAITH, THE
FIDUCIARY IS NOT LIABLE TO A PERSON WITH AN INTEREST IN PROPERTY ASSETS
OF THE FIDUCIARY ESTATE FOR A DECREASE IN THE VALUE OF THE ASSETS FOR
TAKING ACTION UNDER THIS SUBSECTION OR OTHERWISE COMPLYING TAKING
ACTION TO COMPLY WITH AN ENVIRONMENTAL LAW OR REPORTING REQUIREMENT.

(3)      ACCEPTANCE BY THE FIDUCIARY OF PROPERTY OR FAILURE BY
THE FIDUCIARY TO TAKE ACTION UNDER THIS SUBSECTION DOES NOT IMPLY THAT
THERE IS OR MAY BE ANY LIABILITY UNDER AN ENVIRONMENTAL LAW WITH
RESPECT TO ANY PROPERTY.

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