(a)    The State may provide funding for a growth–related project not in a priority funding area without receiving approval from the Board of Public Works as provided under § 5–7B–05 of this subtitle for:

(1)    a project that is required to protect public health or safety;

(2)    a project involving federal funds, to the extent compliance with this subtitle would conflict or be inconsistent with federal law;

(3)    a growth–related project related to a commercial or industrial activity which, due to its operational or physical characteristics, shall be located away from other development, including:

(i)    a natural resource based industry;

(ii)    an industry relating to:

1.    agricultural operations, as defined in § 7–101 of the Labor and Employment Article;

2.    forestry activities; or

3.    mineral extraction;

(iii)    an industry that is proximate to:

1.    an airport facility;

2.    a port facility;

3.    a railroad facility;

4.    a transit facility; or

5.    a major highway interchange; or

(iv)    a tourism facility or museum that is required to be located away from other development due to necessary proximity to specific historic, natural, or cultural resources; or

(4)    a growth–related project involving funding for a project under:

(i)    § 7–314 of this article;

(ii)    Title 5, Subtitle 3, Subtitle 4, or Subtitle 5 of the Economic Development Article; or

(iii)    Title 6, Subtitle 2 or Subtitle 3 of the Housing and Community Development Article.

(b)    A procedure for notification, review, and comment on exceptions proposed under this section shall be established jointly by the applicable State agency and the Department of Planning.