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