(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.