PARRIS N. GLENDENING, Governor                                    Ch. 2

(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.

(2)      (I) WITHIN 30 DAYS AFTER RECEIPT OF A REQUEST UNDER
PARAGRAPH (1) OF THIS SUBSECTION, THE DEPARTMENT SHALL NOTIFY AN
APPLICANT WHETHER, IF APPROVED TO PARTICIPATE IN THE VOLUNTARY
CLEANUP PROGRAM OR A CORRECTIVE ACTION PLAN, THE APPLICANT QUALIFIES
FOR FINANCIAL INCENTIVES FOR THE REDEVELOPMENT OF A BROWNFIELDS SITE.

(II) IN THE DEPARTMENT'S NOTICE OF AN APPLICANT'S
QUALIFICATION FOR FINANCIAL INCENTIVES UNDER SUBPARAGRAPH (I) OF THIS
PARAGRAPH, THE DEPARTMENT SHALL SPECIFY WHICH OF THE CRITERIA SET
FORTH IN PARAGRAPH (4) THE APPLICANT MET.

(3)      THE DEPARTMENT SHALL DETERMINE THE ELIGIBILITY OF A SITE
AS A QUALIFIED BROWNFIELDS SITE BASED ON WHETHER:

(I) THE PROPERTY IS LOCATED IN A DENSELY POPULATED URBAN
CENTER AND IS SUBSTANTIALLY UNDERUTILIZED; OR

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