Brownfields Redevelopment Enhancement Act - Amends the Housing and Community Development Act of 1974 to authorize the Secretary of Housing and Urban Development to make competitive grants only to eligible public entities and Indian tribes for carrying out projects and activities to assist the development and redevelopment of brownfield sites, including mine-scarred lands.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3620 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 3620
To facilitate the provision of assistance by the Department of Housing
and Urban Development for the cleanup and economic redevelopment of
brownfields.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 29, 2006
Mr. Levin (for himself, Mrs. Dole, Mr. Reed, Mr. Jeffords, Mr.
Voinovich, and Mr. Martinez) introduced the following bill; which was
read twice and referred to the Committee on Banking, Housing, and Urban
Affairs
_______________________________________________________________________
A BILL
To facilitate the provision of assistance by the Department of Housing
and Urban Development for the cleanup and economic redevelopment of
brownfields.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brownfields Redevelopment
Enhancement Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) grants under the Brownfields Economic Development
Initiative of the Department of Housing and Urban Development
provide local governments with a flexible source of funding to
pursue brownfields redevelopment through land acquisition, site
preparation, economic development, and other activities;
(2) to be eligible for such grant funds, a community must
be willing to pledge community development block grant funds as
partial collateral for a loan guarantee under section 108 of
the Housing and Community Development Act of 1974, and this
requirement is a barrier to many local communities that are
unable or unwilling to pledge such block grant funds as
collateral; and
(3) by providing grants for the economic development of
brownfield sites independent from section 108 loan guarantees
and the related pledge of community development block grant
funds, more communities will have access to funding for
redevelopment of brownfield sites.
(b) Purpose.--The purpose of this Act is to provide units of
general local government and Indian tribes with increased accessibility
to brownfields redevelopment funds by permitting the Secretary of
Housing and Urban Development to make grants for brownfields
development independent from section 108 loan guarantees.
SEC. 3. BROWNFIELDS DEVELOPMENT INITIATIVE.
Title I of the Housing and Community Development Act of 1974 (42
U.S.C. 5301 et seq.) is amended by adding at the end the following new
section:
``SEC. 123. BROWNFIELDS DEVELOPMENT INITIATIVE.
``(a) In General.--The Secretary may make grants under this
section, on a competitive basis as specified in section 102 of the
Department of Housing and Urban Development Reform Act of 1989 (42
U.S.C. 3545), only to eligible public entities (as such term is defined
in section 108(o) of this title) and Indian tribes for carrying out
projects and activities to assist the development and redevelopment of
brownfield sites, which shall include mine-scarred lands.
``(b) Use of Grant Amounts.--Amounts from grants under this
section--
``(1) shall be used, as provided in subsection (a) of this
section, only for activities specified in section 105(a) in
connection with a brownfield site;
``(2) shall be subject to the same requirements that, under
section 101(c) and paragraphs (2) and (3) of section 104(b),
apply to grants under section 106; and
``(3) shall not be provided or used in a manner that
reduces the financial responsibility of any nongovernmental
party that is responsible or potentially responsible for
contamination on any real property and the provision of
assistance pursuant to this section shall not in any way
relieve any party of liability with respect to such
contamination, including liability for removal and remediation
costs.
``(c) Availability of Assistance.--The Secretary shall not require,
for eligibility for a grant under this section, that such grant amounts
be used only in connection or conjunction with projects and activities
assisted with a loan guaranteed under section 108.
``(d) Applications.--Applications for assistance under this
subsection shall be in the form and in accordance with the procedures
established by the Secretary.
``(e) Selection Criteria.--
``(1) In general.--The Secretary shall establish criteria
for awarding assistance under this subsection.
``(2) Criteria.--The criteria established under paragraph
(1) shall include--
``(A) the extent of need for such assistance;
``(B) the level of distress in the community to be
served and in the jurisdiction applying for assistance;
``(C) the quality of the plan proposed and the
capacity or potential capacity of the applicant to
successfully carry out the plan; and
``(D) such other factors as the Secretary
determines to be appropriate.
``(f) Definition of Brownfield Site.--For purposes of this section,
the term `brownfield site'--
``(1) has the meaning given such term in section 101(39) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601(39)); and
``(2) includes a site that meets the requirements under
subparagraph (D) of such section for inclusion as a brownfield
site for purposes of section 104(k) of such Act (42 U.S.C.
9604(k)).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section $50,000,000, for each of
fiscal years 2007, 2008, 2009, 2010, and 2011.''.
SEC. 4. TECHNICAL AMENDMENT TO ALLOW USE OF CDBG FUNDS TO ADMINISTER
RENEWAL COMMUNITIES.
Section 105(a)(13) of the Housing and Community Development Act of
1974 (42 U.S.C. 5305(a)(13)) is amended by inserting ``and renewal
communities'' after ``enterprise zones''.
SEC. 5. APPLICABILITY.
The amendments made by this Act shall apply only with respect to
amounts made available for fiscal year 2007 and fiscal years thereafter
for use under the provisions of law amended by this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S6804)
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. (text of measure as introduced: CR S6804)
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