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106th CONGRESS
2d Session
S. 2700
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 to promote the cleanup and reuse of brownfields,
to provide financial assistance for brownfields revitalization, to
enhance State response programs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 8, 2000
Mr. L. Chafee (for himself, Mr. Lautenberg, Mr. Smith of New Hampshire,
and Mr. Baucus) introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 to promote the cleanup and reuse of brownfields,
to provide financial assistance for brownfields revitalization, to
enhance State response programs, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Brownfields
Revitalization and Environmental Restoration Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--BROWNFIELDS REVITALIZATION FUNDING
Sec. 101. Brownfields revitalization funding.
TITLE II--BROWNFIELDS LIABILITY CLARIFICATIONS
Sec. 201. Contiguous properties.
Sec. 202. Prospective purchasers and windfall liens.
Sec. 203. Innocent landowners.
TITLE III--STATE RESPONSE PROGRAMS
Sec. 301. State response programs.
Sec. 302. Additions to National Priorities List.
TITLE I--BROWNFIELDS REVITALIZATION FUNDING
SEC. 101. BROWNFIELDS REVITALIZATION FUNDING.
(a) Definition of Brownfield Site.--Section 101 of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601) is amended by adding at the end the following:
``(39) Brownfield site.--
``(A) In general.--The term `brownfield site' means
real property, the expansion, redevelopment, or reuse
of which may be complicated by the presence or
potential presence of a hazardous substance, pollutant,
or contaminant.
``(B) Exclusions.--The term `brownfield site' does
not include--
``(i) a facility that is the subject of a
planned or ongoing removal action under this
title;
``(ii) a facility that is listed on the
National Priorities List or is proposed for
listing;
``(iii) a facility that is the subject of a
unilateral administrative order, a court order,
an administrative order on consent or judicial
consent decree that has been issued to or
entered into by the parties under this Act;
``(iv) a facility that is the subject of a
unilateral administrative order, a court order,
an administrative order on consent or judicial
consent decree that has been issued to or
entered into by the parties, or a facility to
which a permit has been issued by the United
States or an authorized State under the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.),
the Federal Water Pollution Control Act (33
U.S.C. 1321), the Toxic Substances Control Act
(15 U.S.C. 2601 et seq.), or the Safe Drinking
Water Act (42 U.S.C. 300f et seq.);
``(v) a facility that--
``(I) is subject to corrective
action under section 3004(u) or 3008(h)
of the Solid Waste Disposal Act (42
U.S.C. 6924(u), 6928(h)); and
``(II) to which a corrective action
permit or order has been issued or
modified to require the implementation
of corrective measures;
``(vi) a land disposal unit with respect to
which--
``(I) a closure notification under
subtitle C of the Solid Waste Disposal
Act (42 U.S.C. 6921 et seq.) has been
submitted; and
``(II) closure requirements have
been specified in a closure plan or
permit;
``(vii) a facility that is subject to the
jurisdiction, custody, or control of a
department, agency, or instrumentality of the
United States, except for land held in trust by
the United States for an Indian tribe;
``(viii) a portion of a facility--
``(I) at which there has been a
release of polychlorinated biphenyls;
and
``(II) that is subject to
remediation under the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.);
or
``(ix) a portion of a facility, for which
portion, assistance for response activity has
been obtained under subtitle I of the Solid
Waste Disposal Act (42 U.S.C. 6991 et seq.)
from the Leaking Underground Storage Tank Trust
Fund established under section 9508 of the
Internal Revenue Code of 1986.
``(C) Site-by-site determinations.--Notwithstanding
subparagraph (B) and on a site-by-site basis, the
President may authorize financial assistance under
section 128 to an eligible entity at a site included in
clause (i), (iv), (v), (vi), (viii), or (ix) of
subparagraph (B) if the President finds that financial
assistance will protect human health and the
environment, and either promote economic development or
enable the creation of, preservation of, or addition to
parks, greenways, undeveloped property, other recreational property, or
other property used for nonprofit purposes.
``(D) Additional areas.--For the purposes of
section 128, the term `brownfield site' includes--
``(i) a site that is contaminated by a
controlled substance (as defined in section 102
of the Controlled Substances Act (21 U.S.C.
802)); and
``(ii) mine-scarred land.''.
(b) Brownfields Revitalization Funding.--Title I of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) is amended by adding at the end the
following:
``SEC. 128. BROWNFIELDS REVITALIZATION FUNDING.
``(a) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) a general purpose unit of local government;
``(2) a land clearance authority or other quasi-
governmental entity that operates under the supervision and
control of or as an agent of a general purpose unit of local
government;
``(3) a government entity created by a State legislature;
``(4) a regional council or group of general purpose units
of local government;
``(5) a redevelopment agency that is chartered or otherwise
sanctioned by a State;
``(6) a State; or
``(7) an Indian Tribe.
``(b) Brownfield Site Characterization and Assessment Grant
Program.--
``(1) Establishment of program.--The Administrator shall
establish a program to--
``(A) provide grants to inventory, characterize,
assess, and conduct planning related to brownfield
sites under paragraph (2); and
``(B) perform targeted site assessments at
brownfield sites.
``(2) Assistance for site characterization and
assessment.--
``(A) In general.--On approval of an application
made by an eligible entity, the Administrator may make
a grant to the eligible entity to be used for programs
to inventory, characterize, assess, and conduct
planning related to 1 or more brownfield sites.
``(B) Site characterization and assessment.--A site
characterization and assessment carried out with the
use of a grant under subparagraph (A) shall be
performed in accordance with section 101(35)(B).
``(c) Grants and Loans for Brownfield Remediation.--
``(1) Grants provided by the president.--Subject to
subsections (d) and (e), the President shall establish a
program to provide grants to--
``(A) eligible entities, to be used for
capitalization of revolving loan funds; and
``(B) eligible entities or nonprofit organizations,
where warranted, as determined by the President based
on considerations under paragraph (3), to be used
directly for remediation of 1 or more brownfield sites
that is owned by the entity or organization that
receives the grant and in amounts not to exceed
$200,000 for each site to be remediated.
``(2) Loans and grants provided by eligible entities.--An
eligible entity that receives a grant under paragraph (1)(A)
shall use the grant funds to provide assistance for the
remediation of brownfield sites in the form of--
``(A) 1 or more loans to an eligible entity, a site
owner, a site developer, or another person; or
``(B) 1 or more grants to an eligible entity or
other nonprofit organization, where warranted, as
determined by the eligible entity that is providing the
assistance, based on considerations under paragraph
(3), to remediate sites owned by the eligible entity or
nonprofit organization that receives the grant.
``(3) Considerations.--In determining whether a grant under
paragraph (1)(B) or (2)(B) is warranted, the President or the
eligible entity, as the case may be, shall take into
consideration--
``(A) the extent to which a grant will facilitate
the creation of, preservation of, or addition to a
park, a greenway, undeveloped property, recreational
property, or other property used for nonprofit
purposes;
``(B) the extent to which a grant will meet the
needs of a community that has an inability to draw on
other sources of funding for environmental remediation
and subsequent redevelopment of the area in which a
brownfield site is located because of the small
population or low income of the community;
``(C) the extent to which a grant will facilitate
the use or reuse of existing infrastructure;
``(D) the benefit of promoting the long-term
availability of funds from a revolving loan fund for
brownfield remediation; and
``(E) such other factors as the Administrator
considers appropriate to consider for the purposes of
this section.
``(4) Compliance with applicable laws.--An eligible entity
that provides assistance under paragraph (2) shall include in
all loan and grant agreements a requirement that the loan or
grant recipient shall comply with all laws applicable to the
cleanup for which grant funds will be used and ensure that the
cleanup protects human health and the environment.
``(5) Transition.--Revolving loan funds that have been
established before the date of enactment of this section may be
used in accordance with this subsection.
``(d) General Provisions.--
``(1) Maximum grant amount.--
``(A) Brownfield site characterization and
assessment.--
``(i) In general.--A grant under subsection
(b)--
``(I) may be awarded to an eligible
entity on a community-wide or site-by-
site basis; and
``(II) shall not exceed, for any
individual brownfield site covered by
the grant, $200,000.
``(ii) Waiver.--The Administrator may waive
the $200,000 limitation under clause (i)(II) to
permit the brownfield site to receive a grant
of not to exceed $350,000, based on the
anticipated level of contamination, size, or
status of ownership of the site.
``(B) Brownfield remediation.--
``(i) Grant amount.--A grant under
subsection (c)(1)(A) may be awarded to an
eligible entity on a community-wide or site-by-
site basis, not to exceed $1,000,000 per
eligible entity.
``(ii) Additional grant amount.--The
Administrator may make an additional grant to
an eligible entity described in clause (i) for
any year after the year for which the initial
grant is made, taking into consideration--
``(I) the number of sites and
number of communities that are
addressed by the revolving loan fund;
``(II) the demand for funding by
eligible entities that have not
previously received a grant under this
section;
``(III) the demonstrated ability of
the eligible entity to use the
revolving loan fund to enhance
remediation and provide funds on a
continuing basis; and
``(IV) any other factors that the
Administrator considers appropriate to
carry out this section.
``(2) Prohibition.--
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