PARRIS N. GLENDENING, Governor                                    Ch. 1

2. LOCATED IN A TAXING JURISDICTION THAT HAS
ELECTED TO PARTICIPATE IN THE BROWNFIELDS REVITALIZATION INCENTIVE
PROGRAM IN ACCORDANCE WITH § 9-109 9-229 OF THE TAX - PROPERTY ARTICLE.

(2) "BROWNFIELDS SITE" DOES NOT INCLUDE PROPERTY THAT IS
OWNED OR OPERATED BY A RESPONSIBLE PERSON OR A PERSON RESPONSIBLE FOR
THE DISCHARGE.

(C) "PERSON RESPONSIBLE FOR THE DISCHARGE" HAS THE MEANING STATED
IN § 4-401 OF THE ENVIRONMENT ARTICLE.

(C) (D) "QUALIFIED BROWNFIELDS SITE" MEANS A BROWNFIELDS SITE
THAT HAS BEEN DETERMINED BY THE DEPARTMENT OF BUSINESS AND ECONOMIC
DEVELOPMENT TO BE ELIGIBLE FOR FINANCIAL INCENTIVES UNDER § 3-903 OF THIS
SUBTITLE.

(D) (E) "RESPONSIBLE PERSON" HAS THE MEANING STATED IN § 7-201 OF
THE ENVIRONMENT ARTICLE.

3-902. BROWNFIELDS REVITALIZATION INCENTIVE PROGRAM.

(A)     THERE IS A BROWNFIELDS REVITALIZATION INCENTIVE PROGRAM IN
THE DEPARTMENT.

(B)     THE PURPOSE OF THE BROWNFIELDS REVITALIZATION INCENTIVE
PROGRAM IS TO:

(1)      PROVIDE FINANCIAL INCENTIVES FOR REDEVELOPMENT OF
PROPERTIES PREVIOUSLY USED FOR COMMERCIAL OR INDUSTRIAL PURPOSES;

(2)      PROVIDE FINANCIAL INCENTIVES FOR REDEVELOPMENT OF
PROPERTIES WITHIN LOCALLY DESIGNATED GROWTH AREAS;

(3)      PREVENT URBAN SPRAWL;

(4)      ENCOURAGE ECONOMIC REVITALIZATION;

(5)      EXPAND EMPLOYMENT OPPORTUNITIES; AND

(6)      PROVIDE FINANCIAL INCENTIVES FOR LISTED QUALIFIED
BROWNFIELDS SITES.

3-903. DETERMINATION OF ELIGIBILITY AS BROWNFIELDS SITE.

(A) (1) AT THE TIME A PERSON APPLIES TO PARTICIPATE IN THE
VOLUNTARY CLEANUP PROGRAM UNDER TITLE 7, SUBTITLE 5 OF THE
ENVIRONMENT ARTICLE OR RECEIVES APPROVAL FROM THE DEPARTMENT OF THE
ENVIRONMENT FOR THE IMPLEMENTATION OF A CORRECTIVE ACTION PLAN
UNDER TITLE 4 OF THE ENVIRONMENT ARTICLE THE PERSON MAY SUBMIT A
REQUEST TO THE DEPARTMENT OF BUSINESS AND ECONOMIC DEVELOPMENT TO
DETERMINE WHETHER THE PERSON QUALIFIES FOR FINANCIAL INCENTIVES FOR
THE POTENTIAL REDEVELOPMENT OF A BROWNFIELDS SITE.

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