§ 5-338
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/md/economic-development/5-338A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§5–338.
(a)The Department shall determine whether a brownfields site is a qualified brownfields site based on whether the property:
(1)is located in a densely populated urban center and is substantially underutilized; or
(2)is an existing or former industrial or commercial site that poses a threat to public health or the environment.
(b)When reviewing qualified brownfields sites for financial assistance under this part, the Department may consider:
(1)the feasibility of redevelopment;
(2)the public benefit to the community and the State through the redevelopment of the property;
(3)the extent of releases or threatened releases at the brownfields site and the degree to which the cleanup and redevelopment of the brownfields site will protect public health or the environment;
(4)the potential to attract or retain manufacturing or other economically significant employers;
(5)the absence of identifiable and financially solvent responsible persons; or
(6)any other factor relevant and appropriate to economic development.
(c)A person may submit a request to the Department to determine whether the person qualifies for financial assistance for the potential redevelopment of a brownfields site when the person:
(1)applies to participate in the Voluntary Cleanup Program under Title 7, Subtitle 5 of the Environment Article; or
(2)receives approval from the Department of the Environment to implement a corrective action plan under Title 4 of the Environment Article.
(1)The Department shall notify the person whether the person qualifies for financial assistance for the redevelopment of a brownfields site within 30 days after the Department receives a request under subsection
(c)of this section if:
(i)the Department of the Environment approves the participation in the Voluntary Cleanup Plan or a corrective action plan; and
(ii)the Department or Authority approves the financial assistance.
(2)The notice shall specify which of the criteria in subsection
(b)of this section that the person meets.
(e)When evaluating potential qualified brownfields sites, the Department shall consult with:
(1)the Department of the Environment, the Department of Planning, and relevant local officials;
(2)the neighboring community and any citizens groups located in the community;
(3)representatives of State and local environmental organizations;
(4)public health experts; and
(5)any other person the Department considers appropriate.