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PARRIS N. GLENDENING, Governor
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H.B. 331
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[1.] (I) Subject to a corrective action plan approved by the
Department of the Environment in accordance with Title 4 of the Environment
Article; [and]
[2.] (II) Located in a taxing jurisdiction that has:
1. [elected] ELECTED to participate in the Brownfields
Revitalization Incentive Program in accordance with § 9-229 of the Tax—Property
Article[.]; AND
2. SUBMITTED TO THE DEPARTMENT A LIST, UPDATED AT
LEAST ANNUALLY, OF THE POTENTIAL BROWNFIELDS SITES IN THE TAXING
JURISDICTION, RANKED IN THE ORDER OF PRIORITY FOR REDEVELOPMENT
RECOMMENDED BY THE TAXING JURISDICTION; AND
(III) OWNED OR OPERATED BY A PERSON RESPONSIBLE FOR THE
DISCHARGE WHO HAS NOT CAUSED OR CONTRIBUTED TO THE DISCHARGE, OR BY A
PERSON WHO IS NOT RESPONSIBLE FOR THE DISCHARGE.
[(2) "Brownfields site" does not include property that is owned or
operated by a responsible person or a person responsible for the discharge.]
(i) An eligible property, as defined in § 7-501 of the Environment
Article, that is:
1. Owned or operated by [an]:
A. AN inculpable person, as defined in § 7-501 of the
Environment Article; [and] OR
B. AN INNOCENT PURCHASER THAT MEETS THE
REQUIREMENTS SET FORTH IN § 7-201(X)(2)(I) OF THE ENVIRONMENT ARTICLE; AND
2. Located in a [taxing jurisdiction] COUNTY OR MUNICIPAL
CORPORATION that has elected to participate in the Brownfields Revitalization
Incentive Program in accordance with [§ 9-229 of the Tax - Property Article] §
3-902(C) OF THIS SUBTITLE; or
(ii) Property where there is a release, discharge, or threatened
release of oil, as defined in § 4-401 of the Environment Article, that is:
1. Subject to a corrective action plan approved by the
Department of the Environment in accordance with Title 4 of the Environment Article;
and
2. Located in a [taxing jurisdiction] COUNTY OR MUNICIPAL
CORPORATION that has elected to participate in the Brownfields Revitalization
Incentive Program in accordance with [§ 9-229 of the Tax - Property Article] §
3-902(C) OF THIS SUBTITLE.
(2) " Brownfields site" does not include property that is owned or operated
by a responsible person or a person responsible for the discharge.
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- 4395 -
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