Brownfields act cover memo, December 11, 2003

2004 Legislative Initiatives: Cover Memo- No Draft Bill Brownfields (Bernie Marczyk with MDE, MDP, DBED) 12/11/03 Bill Status Relevant staff met with the Governor on December 1 0 to get final direction for the administration’s bill. Legislation is being drafted from the topics that were addressed during the brownfields workgroup, which has met since October 1, and will conclude December 1 7. Elements of the Legislation The legislation will improve Maryland’s Brownfield/Voluntary Cleanup Program (VCP) by: 1 . Increasing predictability for V CP participants : a. Required review times for projects will be reduced, providing more timely decisions for developers. b. Applicants will be able to enter VCP after conducting a limited site assessment investigation (currently a full site assessment investigation is required prior to application). c. Fees will be non-refundable, thereby increasing MDE oversight cost certainty for participants (currently, there is an application fee that can be refunded if not completely utilized). d. A “premier service,” at an increased cost, will be available to participants who require expedited applicant status designations and reviews of projects. 2. Enhanced public participation: a. Citizens will be notified of applications to the program early in the process. b. Public participation opportunities will be expanded as a public hearing will be required for cleanups. 3. Increasing the number of applicants who are eligible for participation in VCP: a. Sites under active enforcement, which are currently excluded from participation, would be eligible if a performance bond is posted to cover completion of cleanup of the site. b. Sites with oil contamination, which are currently excluded from participation, would be eligible. c. Additional entities would be eligible for participation in DBED’s Brownfields Revitalization Incentive Program; including local and municipal governments who take property title under eminent domain/condemnation and sites where developers need assistance with investigation of oil contaminated sites. 4. Expanding liability provisions: