1. (a) 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. (1) has not already applied to participate in the Program;
   2. (2) is otherwise eligible to participate in the Program; and
   3. (3) meets the eligibility requirements that the Department sets.

2. (b) The information contained in an environmental site assessment is:

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

      1. (i) a grant from the Department; or
      2. (ii) a loan that is in payment default; or

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

      1. (i) a loan from the Department; or
      2. (ii) a grant that is repaid.

3. (c) Eligibility for a loan or grant for an environmental site assessment under this section does not constitute eligibility for:

   1. (1) any other financial assistance under this subtitle; or
   2. (2) the tax credits provided under § 9-229 of the Tax--Property Article.

4. (d) 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. (1) participate in the Voluntary Cleanup Program; or
   2. (2) implement a corrective action plan under Title 4 of the Environment Article.

5. (e) 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. (1) participate in the Voluntary Cleanup Program; or
   2. (2) implement a corrective action plan under Title 4 of the Environment Article.
6. (f) The Department may establish procedures and eligibility requirements for the approval of requests for loans and grants under this section.

Added by Acts 2008, c. 306, § 2, eff. Oct. 1, 2008.