Brownfields Reauthorization Act of 2010 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to: (1) include nonprofit organizations within the meaning of "eligible entity" for purposes of brownfields revitalization funding; (2) increase the limit on the maximum amount of a grant for brownfields remediation for each site; (3) authorize the President to transfer any duties under the brownfield remediation grant program to the Administrator of the Environmental Protection Agency (EPA); (4) revise eligibility requirements for brownfields revitalization funding; (5) require the Administrator to establish a program to provide multi-purpose grants to inventory, characterize, assess, conduct planning related to, or remediate brownfield sites in an area; (6) require the Administrator to establish a program to make competitive grants to be used at brownfield sites for projects that reduce environmental impact, increase community livability, and encourage sustainability; (7) authorize the Administrator to assign EPA employees to entities servings small, disadvantaged, or rural communities to build local capacity for the remediation and revitalization of brownfield sites in such communities; (8) increase and extend funding for brownfields revitalization; (9) require at least 7.5% of such funding to be used to carry out projects that reduce environmental impact, increase community livability, and encourage sustainability; and (10) increase and extend funding for state response programs established under such Act.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5310 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5310
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 to reauthorize and improve the Brownfields
revitalization program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 13, 2010
Mr. Pallone (for himself and Mr. Sestak) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committee on Transportation and Infrastructure, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 to reauthorize and improve the Brownfields
revitalization program, and for other purposes.
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 Reauthorization Act of
2010''.
SEC. 2. CLARIFICATION OF STATE OR LOCAL GOVERNMENT OWNERSHIP.
Section 101(20)(D) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)(D)) is
amended by striking ``involuntarily'' after ``acquired ownership or
control''.
SEC. 3. NONPROFIT ORGANIZATION ELIGIBILITY.
(a) Definition of Eligible Entity.--Section 104(k)(1) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9604(k)(1)) is amended--
(1) in subparagraph (G), by striking ``Alaska; or'' and
inserting ``Alaska;'';
(2) in subparagraph (H), by striking ``Indian community.''
and inserting ``Indian community; or''; and
(3) by adding at the end the following new subparagraph:
``(I) a nonprofit organization, including--
``(i) an organization described in section
501(c)(3) of the Internal Revenue Code of 1986
and exempt from taxation under section 501(a)
of such Code;
``(ii) a limited liability corporation in
which all managing members or all members are
organizations described under clause (i);
``(iii) a limited partnership in which all
general partners are--
``(I) organizations described under
clause (i);
``(II) limited liability
corporations whose members are all
organizations described under clause
(i); or
``(III) any combination of
subclauses (I) and (II); or
``(iv) a qualified community development
entity, as defined in section 45D(c)(1) of the
Internal Revenue Code of 1986.''.
(b) Conforming Amendments.--Section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(k)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)(ii)--
(i) by striking ``or nonprofit
organizations''; and
(ii) by striking ``or organization''; and
(B) in subparagraph (B)(ii)--
(i) by striking ``or other nonprofit
organization''; and
(ii) by striking ``or nonprofit
organization''; and
(2) in paragraph (6)(A), by striking ``or nonprofit
organizations''.
SEC. 4. INCREASED FUNDING LIMIT FOR DIRECT REMEDIATION.
Section 104(k)(3)(A) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(3)(A)), as
amended in section 3(b), is further amended--
(1) in clause (ii)--
(A) by striking ``$200,000'' and inserting
``$750,000''; and
(B) by inserting ``, except that during the period
of fiscal years 2011 through 2016, the President may,
on not more than 2 occasions, waive such $750,000
limitation to permit the entity to receive a grant in
an amount not to exceed $1,500,000 for a site to be
remediated based on special circumstances, as
determined by the President.'' after ``site to be
remediated''; and
(2) by adding after clause (ii) the following:
``The President may transfer any duties under this subparagraph to the
Administrator.''.
SEC. 5. INDIRECT COSTS.
Subparagraph (B) of section 104(k)(4) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(k)(4)) is amended--
(1) in clause (i), by striking subclause (III) and
redesignating subclauses (IV) and (V) as subclauses (III) and
(IV), respectively; and
(2) by striking clause (ii) and inserting the following:
``(ii) Acceptable use of funds.--
``(I) In general.--In addition to
other acceptable purposes described in
this subsection, a grant or loan under
this subsection may be used for payment
for the costs of--
``(aa) investigation and
identification of the extent of
contamination;
``(bb) design and
performance of a response
action; and
``(cc) monitoring of a
natural resource.
``(II) Indirect costs.--Not more
than 10 percent of a grant or loan
under this subsection may be used for
the payment of indirect costs.''.
SEC. 6. ELIGIBILITY FOR FUNDING FOR BROWNFIELD SITES ACQUIRED PRIOR TO
JANUARY 11, 2002.
Subparagraph (B) of section 104(k)(4) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(k)(4)), as amended in section 5 of this Act, is further
amended by striking clause (iii) and inserting the following:
``(iii) Exceptions.--Notwithstanding clause
(i)(III), the Administrator may use funds made
available to carry out this subsection for one
or more of the following:
``(I) To make a grant under
paragraph (2) to an eligible entity
that acquired a brownfield site to be
covered by the grant on or before
January 11, 2002.
``(II) To make a grant under
paragraph (3) to an eligible entity if
such eligible entity, except as
otherwise provided in this subclause,
satisfies all of the elements set forth
in section 101(40) to qualify as a bona
fide prospective purchaser, except that
the date of acquisition of the
brownfield site was on or before
January 11, 2002. The Administrator may
make exceptions with regard to
compliance with the elements set forth
in section 101(40) based on mitigating
circumstances, including any of the
following:
``(aa) The brownfield site
was acquired prior to May 31,
1997, and compliance with all
appropriate inquiry (as
required under section
101(40)(B)) cannot be fairly
determined.
``(bb) A current site
assessment of the brownfield
site has found no evidence that
the eligible entity caused,
exacerbated, or failed to
exercise appropriate care (as
required under section
101(40)(D)) with respect to
contamination found at the
site.
``(cc) The eligible entity
held a public hearing with
respect to the grant
application and no substantive
testimony was offered that
indicates that the eligible
entity caused, exacerbated, or
failed to exercise appropriate
care (as required under section
101(40)(D)) with respect to
contamination found at the
site.
``(dd) There are other
circumstances that make
compliance with the elements
set forth in section 101(40)
impractical and not in the
public interest.
``(III) To make a grant or loan
under this subsection to an eligible
entity if such entity--
``(aa) acquired ownership
of the brownfield site at least
30 years prior to the date of
the grant or loan, but not
later than May 31, 1997;
``(bb) did not cause or
contribute to the contamination
on the brownfield site; and
``(cc) can reasonably
indicate why such entity cannot
comply with the elements set
forth in section 101(40) to
qualify as a bona fide
prospective purchaser.''.
SEC. 7. MULTI-PURPOSE BROWNFIELD GRANTS.
(a) Multi-Purpose Grant Program.--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 paragraph (12) as paragraph (15);
(2) by redesignating paragraphs (4) through (11), as
amended, as paragraphs (5) through (12), respectively; and
(3) by adding after paragraph (3) the following new
paragraph:
``(4) Multi-purpose brownfield grants.--
``(A) Establishment of program.--Subject to
paragraphs (5) and (6), the Administrator shall
establish a program to provide multi-purpose grants to
eligible entities, where warranted, as determined by
the Administrator based on considerations under
paragraph (3)(C), to be used to inventory,
characterize, assess, conduct planning related to, or
remediate (or any combination thereof), one or more
brownfield sites in an area, in amounts not to exceed
$1,500,000 per grant.
``(B) Additional considerations.--In addition to
the considerations under paragraph (3)(C), in
determining whether a multi-purpose grant is warranted
under the program under subparagraph (A), the
Administrator shall consider the extent to which the
eligible entity demonstrates--
``(i) an overall plan for revitalization of
brownfield sites in the area in which the
multi-purpose grant will be used;
``(ii) the capacity to conduct the range of
eligible activities that will be funded by the
multi-purpose grant; and
``(iii) that a multi-purpose grant is
appropriate for meeting the needs of the area
in which the grant will be used.
``(C) Grant funds.--Grants provided under the
program established under subparagraph (A) shall be
expended not later than 3 years after the award of
grant funding to the eligible entity, unless the
Administrator determines that an extension of not more
than 2 years is justified.
``(D) Ownership.--A recipient of a grant under this
paragraph may not use amounts from such grant on
remediation of a brownfield site until such recipient
owns such site.
``(E) Existing authority.--Nothing in this
paragraph shall limit any other authority of the
President or the Administrator under this
subsection.''.
(b) Conforming Amendments.--
(1) Section 104(k)(3)(A) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604(k)(3)(A)), as amended, is further amended by striking
``Subject to paragraphs (4) and (5)'' and inserting ``Subject
to paragraphs (5) and (6)''.
(2) Section 104(k)(3)(C) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9604(k)(3)(C)) is amended by inserting ``or paragraph (4)''
after ``under subparagraph (A)(ii) or (B)(ii)''.
SEC. 8. PROGRAM FOR SUSTAINABLE REUSE AND ALTERNATIVE ENERGY ON
BROWNFIELD SITES.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended
by adding after paragraph (12), as redesignated by section 7(a)(2) of
this Act, the following new paragraph:
``(13) Program for sustainable reuse and alternative energy
on brownfield sites.--
``(A) Establishment and use of funds.--The
Administrator shall establish a program to make grants,
on a competitive basis, to eligible entities to be used
at one or more brownfield sites for projects that
reduce environmental impact, increase community
livability, and encourage sustainability, including--
``(i) sustainable reuse planning and site
analysis, including--
``(I) site characterization and
assessment;
``(II) area and corridor
sustainability plans; and
``(III) engineering or feasibility
analysis of environmentally beneficial
site improvements;
``(ii) remediation;
``(iii) ecosystem restoration; and
``(iv) habitat restoration.
``(B) Project selection.--In addition to the
criteria under paragraph (6), in selecting grant
recipients under this paragraph, the Administrator
shall take into consideration the extent to which a
grant will facilitate future use of a brownfield site
in an environmentally beneficial and sustainable
manner, including the potential for renewable energy
production and green infrastructure, including
greenways and hike-bike trails, green buildings, and
mixed use and transit-oriented development in smart
growth locations.''.
SEC. 9. STAFF FOR SMALL, DISADVANTAGED, OR RURAL COMMUNITIES.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended
by adding after paragraph (13) (as added by section 8 of this Act) the
following:
``(14) Staff for small, disadvantaged, or rural
communities.--The Administrator, upon approval of an
application made by an eligible entity serving a community that
has a small population, is disadvantaged, or is in a rural
location, and in accordance with the applicable provisions of
subchapter VI of chapter 33 of title 5, United States Code, may
assign employees of the Environmental Protection Agency to such
eligible entity to build local capacity for the remediation and
revitalization of brownfield sites located in such communities.
The Administrator shall determine, consistent with existing law
and regulation in effect as of the date of enactment of this
paragraph, what qualifies as a community that has a small
population, is disadvantaged, or is in a rural location for
purposes of this paragraph, provided that such definitions
include rural municipalities, municipalities with populations
of up to 20,000, and municipalities in which the median
household income is at or less than \2/3\ of the State
average.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--Subparagraph (A) of paragraph
(15) (as redesignated by section 7(a)(1) of this Act) of section 104(k)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9604(k)) is amended to read as
follows:
``(A) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection--
``(i) $350,000,000 for fiscal year 2011;
``(ii) $400,000,000 for fiscal year 2012;
``(iii) $450,000,000 for fiscal year 2013;
``(iv) $500,000,000 for fiscal year 2014;
``(v) $550,000,000 for fiscal year 2015;
and
``(vi) $600,000,000 for fiscal year
2016.''.
(b) Petroleum Set Aside.--Paragraph (15) of section 104(k) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9604(k)), as redesignated by section 7(a)(1) of this
Act and as amended by subsection (a) of this section, is further
amended, in subparagraph (B), by inserting ``at least'' before ``25
percent''.
(c) Set Aside for Sustainable Reuse.--Paragraph (15) of section
104(k) of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9604(k)), as redesignated by section
7(a)(1) of this Act and as amended by subsections (a) and (b) of this
section, is further amended by adding after subparagraph (B) the
following new subparagraph:
``(C) Set aside for program for sustainable reuse
and alternative energy on brownfield sites.--Of amounts
made available each fiscal year pursuant to
subparagraph (A), at least 7.5 percent of such amounts
shall be used to carry out the program under paragraph
(13).''.
SEC. 11. STATE RESPONSE PROGRAMS.
Section 128(a)(3) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is
amended to read as follows:
``(3) Funding.--There are authorized to be appropriated to
carry out this subsection $70,000,000 for fiscal year 2011,
$80,000,000 for fiscal year 2012, $90,000,000 for fiscal year
2013, $100,000,000 for fiscal year 2014, $110,000,000 for
fiscal year 2015, and $120,000,000 for fiscal year 2016 and
each fiscal year thereafter.''.
<all>
Introduced in House
Introduced in House
Referred to House Energy and Commerce
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Transportation and Infrastructure
Referred to the Subcommittee on Water Resources and Environment.
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