Ch. 1                                       1997 LAWS OF MARYLAND

a.       The reasonableness of the fees, the use of the Voluntary Cleanup Fund
established under this Act and whether the Voluntary Cleanup Fund is fully self-funded;
and

b.       The geographic location and other characteristics of applicants to the
Voluntary Cleanup Program, the number of applications and response action plans
approved and denied, and the reasons for the Department's denial; and

2. On or before July 1, 2000, on the status of the Voluntary Cleanup Program
established under this Act, including the impact of having a cut-off date for eligibility on
the effectiveness of the Program and on the ability of the Program to encourage the
cleanup of the optimum number of contaminated sites.

SECTION 3. AND BE IT FURTHER ENACTED, That the Department of
Business and Economic Development shall report to the Governor and, subject to §
2-1312 of the State Government Article, to the House Environmental Matters Committee
and the Senate Economic and Environmental Affairs Committee on or before July 1 of
1998, 1999, and 2000, on:

1.       The geographic location and other characteristics of applicants to the
Brownfields Revitalization Incentive Program, the number of requests to participate in
the Program approved and denied, and the Department's reasons for the Department's
denial;

2.       The availability of financial incentives to qualified Brownfields sites, including
information on the types of incentives available as well as on the amount of assistance
provided under those incentives; and

3.       The advisability of making responsible persons who did not cause or
contribute to the contamination of a potential Brownfields site eligible to participate in
the Brownfields Revitalization Incentive Program.

SECTION 4. AND BE IT FURTHER ENACTED, That Title 7, Subtitle 5 of the
Environment Article as enacted by this Act does not affect, and may not be construed as
affecting, any civil action pending against any applicant in the Voluntary Cleanup
Program on the effective date of this Act.

SECTION 5. AND BE IT FURTHER ENACTED, That the first $100,000
contributed to the Brownfields Revitalization Incentive Fund under § 9-109 of the Tax
Property Article shall be transferred to the State Hazardous Substance Control Fund
under Title 7, Subtitle 2 of the Environment Article to be used by the Department of the
Environment for costs incurred by the Department in the oversight and administration of
cleanup activities under the State Hazardous Substance program for which the
Department is currently restricted in its use of bond funds as a result of a ruling by the
Internal Revenue Service.

SECTION 6. 5. AND BE IT FURTHER ENACTED, That the catchlines contained
in this Act are not law and may not be considered to be enacted as part of this Act.

SECTION 7. 6. AND BE IT FURTHER ENACTED, That this Act is an
emergency measure, is necessary for the immediate preservation of the public health and

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