NOVEMBER 17, 2017
TEXT OF H. R. 3017, BROWNFIELDS ENHANCEMENT, ECONOMIC REDEVELOPMENT, AND REAUTHORIZATION ACT OF 2017
[Showing the text of H.R. 3017 as ordered reported by the Committee on Energy and Commerce, with modifications]
1 SECTION 1. SHORT TITLE. 2 This Act may be cited as the ‘‘Brownfields Enhance3 ment, Economic Redevelopment, and Reauthorization Act 4 of 2017’’. 5 SEC. 2. REDEVELOPMENT CERTAINTY FOR GOVERN6 MENTAL ENTITIES. 7 Section 101(20)(D) of the Comprehensive Environ8 mental Response, Compensation, and Liability Act of 9 1980 (42 U.S.C. 9601(20)(D)) is amended by striking
10 ‘‘ownership or control’’ and all that follows through ‘‘by 11 virtue’’ and inserting ‘‘ownership or control through sei12 zure or otherwise in connection with law enforcement ac13 tivity, or through bankruptcy, tax delinquency, abandon14 ment, or other circumstances in which the government ac15 quires title by virtue’’.
2
Section 101(39)(D)(ii)(II) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(39)(D)(ii)(II)) is amended by amending item (bb) to read as follows:
‘‘(bb) is a site for which there is no viable responsible party and that is determined by the Administrator or the State, as appropriate, to be a site that will be assessed, investigated, or cleaned up by a person that is not potentially liable for cleaning up the site under this Act or any other law pertaining to the cleanup of petroleum products; and’’.
Section 101(40) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601(40)) is amended—
(3) in subparagraph (B)—
3 | |
1 | (A) in clause (ii), by inserting ‘‘with re |
2 | spect to a person who acquires ownership of a |
3 | facility. The Administrator shall establish |
4 | standards and practices with respect to a per |
5 | son who acquires a leasehold interest in a facil |
6 | ity’’ before the period at the end; and |
7 | (B) in clause (iii), by inserting ‘‘, or acqui |
8 | sition of a leasehold interest,’’ after ‘‘time of |
9 | purchase’’; |
10 | (4) in subparagraph (H)(i)(II), by inserting ‘‘, |
11 | by the instruments by which the leasehold interest in |
12 | the facility is acquired after January 11, 2002,’’ |
13 | after ‘‘financed’’; and |
14 | (5) by adding at the end the following: |
15 | ‘‘(I) LEASEHOLDERS.—In the case of a |
16 | person holding a leasehold interest in a facil |
17 | ity— |
18 | ‘‘(i) the leasehold interest in the facil |
19 | ity— |
20 | ‘‘(I) is for a term of not less than |
21 | 5 years; and |
22 | ‘‘(II) grants the person control |
23 | of, and access to, the facility; and |
4 | |
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1 | ‘‘(ii) the person is responsible for the |
2 | management of all hazardous substances |
3 | at the facility.’’. |
4 | SEC. 5. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANI |
ZATIONS. | |
6 | (a) NONPROFIT ORGANIZATIONS.—Section 104(k)(1) |
7 | of the Comprehensive Environmental Response, Com |
8 | pensation, and Liability Act of 1980 (42 U.S.C. |
9 | 9604(k)(1)) is amended— |
(1) in subparagraph (G), by striking ‘‘or’’ after | |
11 | the semicolon; |
12 | (2) in subparagraph (H), by striking the period |
13 | at the end and inserting a semicolon; and |
14 | (3) by adding at the end the following: |
‘‘(I) an organization described in section | |
16 | 501(c)(3) of the Internal Revenue Code of 1986 |
17 | and exempt from taxation under section 501(a) |
18 | of that Code; |
19 | ‘‘(J) a limited liability corporation in which |
all managing members are organizations de | |
21 | scribed in subparagraph (I) or limited liability |
22 | corporations whose sole members are organiza |
23 | tions described in subparagraph (I); |
24 | ‘‘(K) a limited partnership in which all |
general partners are organizations described in |
5 | |
1 | subparagraph (I) or limited liability corpora |
2 | tions whose sole members are organizations de |
3 | scribed in subparagraph (I); or |
4 | ‘‘(L) a qualified community development |
5 | entity (as defined in section 45D(c)(1) of the |
6 | Internal Revenue Code of 1986).’’. |
7 | (b) CONFORMING AMENDMENTS.—Section 104(k) of |
8 | the Comprehensive Environmental Response, Compensa |
9 | tion, and Liability Act of 1980 (42 U.S.C. 9604(k)) is |
10 | amended— |
11 | (1) in paragraph (3)— |
12 | (A) in subparagraph (A)(ii)— |
13 | (i) by striking ‘‘or nonprofit organiza |
14 | tions’’; and |
15 | (ii) by striking ‘‘entity or organiza |
16 | tion’’ and inserting ‘‘eligible entity’’; and |
17 | (B) in subparagraph (B)(ii)— |
18 | (i) by striking ‘‘or other nonprofit or |
19 | ganization’’; and |
20 | (ii) by striking ‘‘or nonprofit organiza |
21 | tion’’; and |
22 | (2) in paragraph (6)(A), by striking ‘‘or non |
23 | profit organizations’’. |
6
SEC. 6. TREATMENT OF PUBLICLY OWNED BROWNFIELD
Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604) is amended—
(1) in paragraph (2), by adding at the end the following:
‘‘(C) EXEMPTION FOR CERTAIN PUBLICLY OWNED BROWNFIELD SITES.—Notwithstanding any other provision of law, an eligible entity described in any of subparagraphs (A) through
(H) of paragraph (1) may receive a grant under this paragraph for property acquired by that eligible entity prior to January 11, 2002, even if such eligible entity does not qualify as a bona fide prospective purchaser, so long as the eligible entity has not caused or contributed to a release or threatened release of a hazardous substance at the property.’’;
(2) in paragraph (3), by adding at the end the following:
‘‘(E) EXEMPTION FOR CERTAIN PUBLICLY OWNED BROWNFIELD SITES.—Notwithstanding any other provision of law, an eligible entity described in any of subparagraphs (A) through
(H) of paragraph (1) may receive a grant or
7 | |
1 | loan under this paragraph for property acquired |
2 | by that eligible entity prior to January 11, |
3 | 2002, even if such eligible entity does not qual |
4 | ify as a bona fide prospective purchaser, so long |
5 | as the eligible entity has not caused or contrib |
6 | uted to a release or threatened release of a haz |
7 | ardous substance at the property.’’; and |
8 | (3) in paragraph (4)(B)(iii)— |
9 | (A) by striking ‘‘up to 25 percent of the’’; |
10 | and |
11 | (B) by inserting ‘‘described in any of sub |
12 | paragraphs (A) through (H) of paragraph (1)’’ |
13 | after ‘‘eligible entities’’. |
14 | SEC. 7. REMEDIATION GRANT ENHANCEMENT. |
15 | Section 104(k)(3)(A)(ii) of the Comprehensive Envi |
16 | ronmental Response, Compensation, and Liability Act of |
17 | 1980 (42 U.S.C. 9604(k)(3)(A)(ii)) is amended by strik |
18 | ing ‘‘$200,000 for each site to be remediated’’ and insert |
19 | ing ‘‘$500,000 for each site to be remediated, which limit |
20 | may be waived by the Administrator, but not to exceed |
21 | a total of $750,000 for each site, based on the anticipated |
22 | level of contamination, size, or ownership status of the |
23 | site’’. |
8
Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(k)) is amended—
(1) by redesignating paragraphs (4) through
‘‘(A) IN GENERAL.—Subject to subparagraph (D) and paragraphs (5) and (6), the Administrator shall establish a program to provide multipurpose grants to an eligible entity based on the criteria under subparagraph (C) and the considerations under paragraph (3)(C), to carry out inventory, characterization, assessment, planning, or remediation activities at 1 or more brownfield sites in an area proposed by the eligible entity.
‘‘(B) GRANT AMOUNTS.—
‘‘(i) INDIVIDUAL GRANT AMOUNTS.— Each grant awarded under this paragraph shall not exceed $1,000,000.
9 | |
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1 | ‘‘(ii) CUMULATIVE GRANT |
2 | AMOUNTS.—The total amount of grants |
3 | awarded for each fiscal year under this |
4 | paragraph may not exceed 15 percent of |
the amounts made available for the fiscal | |
6 | year to carry out this subsection. |
7 | ‘‘(C) CRITERIA.—In awarding a grant |
8 | under this paragraph, the Administrator shall |
9 | consider the extent to which the eligible entity |
is able— | |
11 | ‘‘(i) to provide an overall plan for re |
12 | vitalization of the 1 or more brownfield |
13 | sites in the proposed area in which the |
14 | multipurpose grant will be used; |
‘‘(ii) to demonstrate a capacity to con | |
16 | duct the range of activities that will be |
17 | funded by the multipurpose grant; and |
18 | ‘‘(iii) to demonstrate that a multipur |
19 | pose grant will meet the needs of the 1 or |
more brownfield sites in the proposed area. | |
21 | ‘‘(D) CONDITION.—As a condition of re |
22 | ceiving a grant under this paragraph, each eli |
23 | gible entity shall expend the full amount of the |
24 | grant not later than the date that is 5 years |
after the date on which the grant is awarded to |
10 | |
---|---|
1 | the eligible entity, unless the Administrator pro |
2 | vides an extension. |
3 | ‘‘(E) OWNERSHIP.—An eligible entity that |
4 | receives a grant under this paragraph may not |
expend any of the grant funds on remediation | |
6 | of a brownfield site until such time as the eligi |
7 | ble entity owns the brownfield site.’’; and |
8 | (4) by striking ‘‘(2) or (3)’’ each place it ap |
9 | pears and inserting ‘‘(2), (3), or (4)’’. |
SEC. 9. ADMINISTRATIVE COSTS FOR GRANT RECIPIENTS. | |
11 | Paragraph (5) of section 104(k) of the Comprehen |
12 | sive Environmental Response, Compensation, and Liabil |
13 | ity Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by |
14 | section 8 of this Act) is amended— |
(1) in subparagraph (B)— | |
16 | (A) in clause (i)— |
17 | (i) by striking subclause (III); and |
18 | (ii) by redesignating subclauses (IV) |
19 | and (V) as subclauses (III) and (IV), re |
spectively; | |
21 | (B) by striking clause (ii); |
22 | (C) by redesignating clause (iii) as clause |
23 | (ii); and |
24 | (D) in clause (ii) (as redesignated by sub |
paragraph (C) of this paragraph), by striking |
11 | |
---|---|
1 | ‘‘Notwithstanding clause (i)(IV)’’ and inserting |
2 | ‘‘Notwithstanding clause (i)(III)’’; and |
3 | (2) by adding at the end the following: |
4 | ‘‘(E) ADMINISTRATIVE COSTS.— |
‘‘(i) IN GENERAL.—An eligible entity | |
6 | may use up to 5 percent of the amounts |
7 | made available under a grant or loan |
8 | under this subsection for administrative |
9 | costs. |
‘‘(ii) RESTRICTION.—For purposes of | |
11 | clause (i), the term ‘administrative costs’ |
12 | does not include— |
13 | ‘‘(I) investigation and identifica |
14 | tion of the extent of contamination of |
a brownfield site; | |
16 | ‘‘(II) design and performance of |
17 | a response action; or |
18 | ‘‘(III) monitoring of a natural re |
19 | source.’’. |
SEC. 10. RENEWABLE ENERGY ON BROWNFIELD SITES. | |
21 | Paragraph (6) of section 104(k) of the Comprehen |
22 | sive Environmental Response, Compensation, and Liabil |
23 | ity Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by |
24 | section 8 of this Act) is amended by adding at the end |
of subparagraph (C) the following: |
12
1 | ‘‘(xi) The extent to which a grant |
---|---|
2 | would facilitate the production of renew |
3 | able energy on the site.’’. |
4 | SEC. 11. SMALL COMMUNITY TECHNICAL ASSISTANCE |
GRANTS. | |
6 | (a) IN GENERAL.—Section 128(a)(1)(B) of the Com |
7 | prehensive Environmental Response, Compensation, and |
8 | Liability Act of 1980 (42 U.S.C. 9628(a)(1)(B)) is |
9 | amended— |
(1) in clause (ii)— | |
11 | (A) in subclause (I), by striking ‘‘; or’’ and |
12 | inserting a semicolon; |
13 | (B) in subclause (II), by striking the pe |
14 | riod at the end and inserting ‘‘; or’’; and |
(C) by adding at the end the following: | |
16 | ‘‘(III) assist small communities, |
17 | Indian tribes, rural areas, or dis |
18 | advantaged areas in carrying out ac |
19 | tivities described in section |
104(k)(7)(A) with respect to | |
21 | brownfield sites.’’; and |
22 | (2) by adding at the end the following: |
23 | ‘‘(iii) SMALL COMMUNITIES, INDIAN |
24 | TRIBES, RURAL AREAS, AND DISADVAN |
TAGED AREAS.— |
13 | |
1 | ‘‘(I) IN GENERAL.—To make |
2 | grants to States or Indian tribes |
3 | under clause (ii)(III), the Adminis |
4 | trator may use not more than |
5 | $1,500,000 of the amounts made |
6 | available to carry out section |
7 | 104(k)(7) in each fiscal year. |
8 | ‘‘(II) LIMITATION.—Each grant |
9 | made under subclause (I) may be not |
10 | more than $20,000. |
11 | ‘‘(iv) DEFINITIONS.—In this subpara |
12 | graph: |
13 | ‘‘(I) DISADVANTAGED AREA.— |
14 | The term ‘disadvantaged area’ means |
15 | a community with an annual median |
16 | household income that is less than 2/ |
17 | 3 of the statewide annual median |
18 | household income, as determined by |
19 | the President based on the latest |
20 | available decennial census. |
21 | ‘‘(II) SMALL COMMUNITY.—The |
22 | term ‘small community’ means a com |
23 | munity with a population of not more |
24 | than 10,000 individuals, as deter- |
14 | |
---|---|
1 | mined by the President based on the |
2 | latest available decennial census.’’. |
3 | (b) CONFORMING AMENDMENT.—Section 104(g)(1) |
4 | of the Comprehensive Environmental Response, Com |
5 | pensation, and Liability Act of 1980 (42 U.S.C. |
6 | 9604(g)(1)) is amended by inserting ‘‘or section |
7 | 128(a)(1)(B)(ii)(III)’’ after ‘‘under this section’’. |
8 | SEC. 12. BROWNFIELDS FUNDING. |
9 | Paragraph (13) of section 104(k) of the Comprehen |
10 | sive Environmental Response, Compensation, and Liabil |
11 | ity Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by |
12 | section 8 of this Act) is amended to read as follows: |
13 | ‘‘(13) AUTHORIZATION OF APPROPRIATIONS.— |
14 | There is authorized to be appropriated to carry out |
15 | this subsection $200,000,000 for each of fiscal years |
16 | 2018 through 2022.’’. |
17 | SEC. 13. STATE RESPONSE PROGRAM FUNDING. |
18 | Section 128(a)(3) of the Comprehensive Environ |
19 | mental Response, Compensation, and Liability Act of |
20 | 1980 (42 U.S.C. 9628(a)(3)) is amended to read as fol |
21 | lows: |
22 | ‘‘(3) FUNDING.—There is authorized to be ap |
23 | propriated to carry out this subsection $50,000,000 |
24 | for each of fiscal years 2018 through 2022.’’. |
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