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H.B. 331
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VETOES
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(I) A RESPONSIBLE PERSON WHO CAUSED OR CONTRIBUTED TO
THE CONTAMINATION; AND
(II) A PERSON RESPONSIBLE FOR THE DISCHARGE WHO CAUSED OR
CONTRIBUTED TO THE DISCHARGE.
(3) (I) NOTWITHSTANDING THE PROVISIONS OF SUBSECTIONS (A)
AND (B) OF THIS SECTION, A PERSON WHO HAS NOT APPLIED TO PARTICIPATE IN THE
VOLUNTARY CLEANUP PROGRAM UNDER TITLE 7, SUBTITLE 5 OF THE ENVIRONMENT
ARTICLE OR RECEIVED APPROVAL FROM THE DEPARTMENT OF THE ENVIRONMENT
FOR THE IMPLEMENTATION OF A CORRECTIVE ACTION PLAN UNDER TITLE 4 OF THE
ENVIRONMENT ARTICLE MAY APPLY TO THE BROWNFIELDS REVITALIZATION
INCENTIVE PROGRAM FOR A GRANT TO FUND AN ENVIRONMENTAL ASSESSMENT OF
A POTENTIAL BROWNFIELDS SITE.
(II) BEFORE APPROVING A GRANT, THE DEPARTMENT MUST
DETERMINE WHETHER REDEVELOPMENT OF THE POTENTIAL BROWNFIELDS SITE
APPEARS TO BE FEASIBLE, AND WHETHER REDEVELOPMENT WOULD HAVE THE
POTENTIAL TO CREATE JOBS AND TO PROVIDE PUBLIC BENEFIT TO THE COMMUNITY
AND THE STATE.
(III) A RECIPIENT OF A GRANT UNDER THIS PARAGRAPH MUST
REPAY THE GRANT IF THE RECIPIENT DOES NOT, WITHIN 12 MONTHS AFTER
RECEIVING THE GRANT, APPLY TO AND RECEIVE APPROVAL FROM THE DEPARTMENT
OF THE ENVIRONMENT:
1. TO PARTICIPATE IN THE VOLUNTARY CLEANUP PROGRAM
UNDER TITLE 7, SUBTITLE 5 OF THE ENVIRONMENT ARTICLE; OR
2. FOR THE IMPLEMENTATION OF A CORRECTIVE ACTION
PLAN UNDER TITLE 1 OF THE ENVIRONMENT ARTICLE.
(IV) ELIGIBILITY FOR A GRANT UNDER THIS PARAGRAPH DOES NOT
CONSTITUTE ELIGIBILITY FOR THE TAX CREDITS PROVIDED UNDER § 9-229 OF THE
TAX PROPERTY ARTICLE.
(D) A DETERMINATION OR FINDING THAT A RESPONSIBLE PERSON DID NOT
CAUSE OR CONTRIBUTE TO THE CONTAMINATION DOES NOT AFFECT, AND MAY NOT
BE CONSTRUED TO AFFECT, ANY TORT ACTION AGAINST ANY PERSON, OR ANY THIRD
PARTY ACTION FOR RECOVERY OF REMOVAL COSTS.
3-905.
This subtitle does not affect, and may not be construed as affecting[,]:
(1) [the] THE planning and zoning authority of a county or municipal
corporation; OR
(2) ANY PROVISION OF THE ENVIRONMENT ARTICLE.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:
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- 4398 -
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