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