[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1005 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1005

    To assist distressed cities with large, abandoned factories and 
                         hazardous waste sites.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 18, 1993

  Mr. Shays (for himself, Mr. Mfume, and Mr. Santorum) introduced the 
following bill; which was referred jointly to the Committees on Energy 
            and Commerce and Public Works and Transportation

_______________________________________________________________________

                                 A BILL


 
    To assist distressed cities with large, abandoned factories and 
                         hazardous waste sites.

    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 ``Urban Environmental Initiative 
Act''.

SEC. 2. EPA STUDIES.

    (a) Study of State Health-Based Cleanup Laws.--
            (1) Study.--The Administrator shall conduct a study of 
        State laws and standards that are based on health for the 
        cleanup of sites at which any hazardous substance was released 
        or disposed of. In conducting the study, the Administrator 
        shall consider reports prepared by the Association of State 
        Territorial Solid Waste Management Officials and the 
        Environmental Law Institute.
            (2) Recommendations to states.--As part of the study, the 
        Administrator shall make recommendations to the States on 
        health-based cleanup standards. Such recommendations shall 
        include guidance to the States on the development of health-
        based standards for sites located in urban areas which are more 
        or less restrictive depending on the future use of the site. 
        Such guidance shall address the issue of whether facilities to 
        be used for parking lots, warehouses, industrial parks, or 
        other similar purposes need to be cleaned up as extensively as 
        sites to be used for residential and retail purposes. In 
        developing the guidance, the Administrator shall consider 
        programs in Michigan that place different restrictions on 
        different kinds of development at sites. The guidance also 
        shall encourage States to place restrictions on future uses of 
        sites to those uses which are consistent with whatever health-
        based standards are applied at the sites.
            (3) Report to congress.--The Administrator shall submit to 
        Congress a report on the study and the recommendations to 
        States not later than 12 months after the date of the enactment 
        of this Act.
    (b) Study on State Property Transfer Laws.--
            (1) Study.--The Administrator shall conduct a study on 
        property transfer laws of the States to evaluate such laws and 
        assess the merits of such laws. In conducting the study, the 
        Administrator shall address the issue of whether such laws 
        promote better land management practices, whether such laws 
        help locate sites on which hazardous substances have been 
        released or disposed of, and whether such laws provide better 
        protection for the buyer.
            (2) Recommendations to states.--As part of the study, the 
        Administrator shall make recommendations to the States on 
        property transfer laws.
            (3) Report to congress.--The Administrator shall submit to 
        Congress a report on the study not later than 12 months after 
        the date of the enactment of this Act.

SEC. 3. EPA SUPERFUND INVENTORY DATA BASE.

    (a) Requirement.--The Administrator shall establish and maintain in 
a computer data base a national superfund site inventory. The data 
shall be available by computer at local libraries.
    (b) Information To Be Included.--The data to be made available in 
the data base shall include information on any Federal action at a site 
or facility at which a hazardous substance was released or disposed of. 
Such information shall indicate, at a minimum, whether the 
Environmental Protection Agency has conducted a preliminary site 
evaluation with respect to each site listed in the inventory, whether 
further Federal action has been determined to be warranted, and whether 
the site is on the National Priorities List.

SEC. 4. SPECIAL SUPERFUND PROGRAM FOR TARGETED INDUSTRIAL SITES.

    (a) Targeted Sites.--For purposes of this section, the 
Administrator shall prepare a list of superfund sites located in urban 
areas that would be suitable for economic development. Such sites shall 
be referred to in this section as ``targeted sites''.
    (b) Pilot Study of Use of Innovative Technology.--Not later than 
one year after the date of the enactment of this Act, the Administrator 
shall develop and begin to carry out a pilot study of the effectiveness 
of innovative and cost effective technologies for conducting response 
actions at targeted sites. The Administrator shall include in the pilot 
study only those targeted sites that are vacant and not likely to be 
used in the near future.
    (c) Covenant Not To Sue for Sites Purchased for Economic 
Development.--(1) Subject to paragraphs (2) and (3), in any case in 
which a person, including a city, purchases a targeted site for the 
purpose of economic development, the Administrator may provide a 
covenant not to sue such person concerning any liability to the United 
States under the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, including future liability, resulting from a 
release or threatened release of a hazardous substance at such site. 
Any such covenant not to sue shall not apply with respect to any 
release or threatened release which is caused by conduct of the person 
which is negligent.
    (2) A covenant not to sue with respect to a site shall not take 
effect under paragraph (1) unless the person enters into an agreement 
with the Administrator to complete remedial action at the site in 
accordance with the National Contingency Plan.
    (3) A covenant not to sue a person concerning future liability to 
the United States under paragraph (1) shall include an exception to the 
covenant that allows the Administrator to sue such person concerning 
future liability resulting from the release or threatened release that 
is the subject of the covenant where such liability arises out of 
conditions which are unknown at the time the Administrator enters into 
an agreement under paragraph (2) with respect to completion of remedial 
action at the site concerned.
    (d) Preference for Cleanup at Targeted Sites.--In determining which 
sites to give priority for response action under the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, the 
Administrator shall give preference to targeted sites that are located 
in the most populous areas, pose the greatest threat to human health, 
and have the greatest potential for economic development.

SEC. 5. EXPEDITED DECISIONS ON SUPERFUND SITES IN CERTAIN DISTRESSED 
              CITIES.

    (a) Right to Petition.--Any city within whose jurisdiction is 
located a targeted site (contained on the list prepared pursuant to 
section 4(a)) may petition the Administrator for an expedited decision 
on whether a targeted site within the city will be placed on the 
National Priorities List under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980.
    (b) Requirements.--After a city submits a petition under subsection 
(a) with respect to a site, the Administrator shall require the owner 
or other potentially responsible party at the site concerned to 
prepare, in consultation with the Environmental Protection Agency, a 
preliminary assessment and evaluation of the site. Not later than 12 
months after such assessment and evaluation are completed, the 
Administrator shall review the assessment and evaluation and determine 
whether the site should be placed on the National Priorities List. If 
the Administrator determines the site should not be placed on the List, 
the Administrator shall issue a certificate stating that the site is 
not a Superfund site.

SEC. 6. AMENDMENTS TO SUPERFUND PERTAINING TO INNOCENT LANDOWNER 
              DEFENSE.

    Section 101(35) of the Comprehensive Environmental Response, 
Compensation and Liability Act (42 U.S.C. 9601 et seq.) is amended by 
redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), 
respectively and inserting after subparagraph (B), the following:
    ``(C)(i) The Administrator shall establish guidelines defining the 
actions that are necessary to fulfill the requirement to undertake all 
appropriate inquiry for purposes of subparagraph (B). At a minimum, 
`all appropriate inquiry' means an investigation of the real property, 
conducted by environmental professionals, to determine or discover the 
obviousness of the presence or likely presence of a release or 
threatened release of hazardous substances on the real property and 
which consists of a review of each of the following sources of 
information concerning the previous ownership and uses of the real 
property:
            ``(I) Recorded chain of title documents regarding the real 
        property, including all deeds, easements, leases, restrictions, 
        and covenants for a period of 50 years.
            ``(II) Aerial photographs which may reflect prior uses of 
        the real property and which are reasonably obtainable through 
        State or local government agencies.
            ``(III) Determination of the existence of recorded 
        environmental cleanup liens against the real property which 
        have arisen pursuant to Federal, State, and local statutes.
            ``(IV) Reasonably obtainable Federal, State, and local 
        government records of sites or facilities where there has been 
        a release of hazardous substances and which are likely to cause 
        or contribute to a release or threatened release of hazardous 
        substances on the real property, including investigation 
        reports for such sites or facilities; reasonably obtainable 
        Federal, State, and local government environmental records of 
        activities likely to cause or contribute to a release or a 
        threatened release of hazardous substances on the real 
        property, including landfill and other disposal location 
        records, underground storage tank records, hazardous waste 
        handler and generator records and spill reporting records; and 
        such other reasonably obtainable Federal, State, and local 
        government environmental records which report incidents or 
        activities which are likely to cause or contribute to a release 
        or threatened release of hazardous substances on the real 
        property. In order to be deemed `reasonably obtainable' within 
        the meaning of this subclause, a copy or reasonable facsimile 
        of the record must be obtainable from the government agency by 
        request.
            ``(V) A visual site inspection of the real property and all 
        facilities and improvements on the real property, and a visual 
        inspection of immediately adjacent properties from the real 
        property, including an investigation of any chemical use, 
        storage, treatment and disposal practices on the property.
    ``(ii) For purposes of this subparagraph, the term `environmental 
professional' means an individual, or an entity managed or controlled 
by such individual who, through academic training, occupational 
experience and reputation (such as engineers, environmental consultants 
and attorneys), can objectively conduct one or more aspects of the 
investigation described in clause (i).
    ``(iii) In establishing the guidelines under this subparagraph, the 
Administrator shall consider any discussions of the American Society 
for Testing and Materials.''.

SEC. 7. ASSISTANCE TO STATES.

    The Administrator may provide technical and financial assistance to 
States for carrying out activities associated with the implementation 
of the provisions of this Act and the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980.

SEC. 8. DEFINITIONS.

    For purposes of this Act, the following definitions apply:
            (1) The term ``Administrator'' means the Administrator of 
        the Environmental Protection Agency.
            (2) The term ``hazardous substance'' has the meaning given 
        that term by section 101(14) of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980.
            (3) The term ``release'' has the meaning given that term by 
        section 101(22) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980.

SEC. 9. AUTHORIZATION.

    There is authorized to be appropriated to the Administrator the sum 
of $5,000,000 for fiscal year 1993, $10,000,000 for fiscal year 1994, 
and $20,000,000 for each of fiscal years 1995, 1996, and 1997 to carry 
out the requirements of this Act and the amendments made by this Act, 
including assistance to States under section 7.

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