Section 5-337 - Financial assistance for environmental site assessments. - Maryland Statutes

§ 5-337. Financial assistance for environmental site assessments.
 

(a)  In general.- Notwithstanding any other provision of law, the Department may provide to a person, including a responsible person, a low-interest loan or grant to conduct the environmental site assessment of a potential brownfields site that is required to participate in the Voluntary Cleanup Program under Title 7, Subtitle 5 of the Environment Article, if the person: 

(1) has not already applied to participate in the Program; 

(2) is otherwise eligible to participate in the Program; and 

(3) meets the eligibility requirements that the Department sets. 

(b)  Owner of information in environmental site assessment.- The information contained in an environmental site assessment is: 

(1) the property of the State, if the assessment is financed wholly or partly by: 

(i) a grant from the Department; or 

(ii) a loan that is in payment default; or 

(2) the property of the person who contracted for the assessment, if the assessment is financed by: 

(i) a loan from the Department; or 

(ii) a grant that is repaid. 

(c)  Effect of eligibility for financial assistance.- Eligibility for a loan or grant for an environmental site assessment under this section does not constitute eligibility for: 

(1) any other financial assistance under this subtitle; or 

(2) the tax credits provided under § 9-229 of the Tax - Property Article. 

(d)  Grant recipient to repay grant.- The recipient of a grant under this section shall repay the grant if, within 12 months after receiving the grant, the recipient does not receive approval from the Department of the Environment to: 

(1) participate in the Voluntary Cleanup Program; or 

(2) implement a corrective action plan under Title 4 of the Environment Article. 

(e)  Conversion of low-interest loan to market rate loan.- A low-interest loan provided under this section shall convert to a market rate loan if, within 12 months after receiving the loan, the recipient does not receive approval from the Department of the Environment to: 

(1) participate in the Voluntary Cleanup Program; or 

(2) implement a corrective action plan under Title 4 of the Environment Article. 

(f)  Procedures and eligibility requirements.- The Department may establish procedures and eligibility requirements for the approval of requests for loans and grants under this section. 
 

[An. Code 1957, art. 83A, § 5-1408(b); 2008, ch. 306, § 2.]