[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3105 Introduced in House (IH)]

  2d Session
                                H. R. 3105

 To amend the Comprehensive Environmental Response, Compensation, and 
 Liability Act of 1980 to exempt certain State and local redevelopment 
 boards or commissions, and fresh start users of facilities purchased 
  from those boards or commissions, from the liability under that Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 18, 1996

   Mr. Wolf introduced the following bill; which was referred to the 
      Committee on 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 exempt certain State and local redevelopment 
 boards or commissions, and fresh start users of facilities purchased 
  from those boards or commissions, from the liability under that Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXEMPTION FROM CERCLA LIABILITY FOR CERTAIN REDEVELOPMENT 
              AUTHORITIES AND FRESH START FACILITY USERS.

    (a) Exemption for Certain Redevelopment Authorities.--Section 107 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 is amended by adding the following at the end 
thereof:
    ``(n) Redevelopment Authorities.--No State or local board, 
commission, or other entity, or any member thereof, appointed or 
elected pursuant to State or local law to plan for or implement the 
redevelopment or reuse of a facility shall be liable under this section 
for costs or damages with respect to any release or threat of release 
from the facility to the extent such liability is based solely on the 
entity's status as an owner of the facility under paragraph (1) of 
subsection (a) if such entity--
            ``(1) has not engaged in any response action at the 
        facility;
            ``(2) owns the facility or any portion thereof only on a 
        temporary basis prior to transfer to another entity; and
            ``(3) has not engaged in the generation of any hazardous 
        substance disposed of at such facility.''.
    (b) Fresh Start Users.--Section 101(35)(A) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 is 
amended by striking ``described in clause (i), (ii), or (iii)'' and 
inserting ``described in clause (i), (ii), (iii), or (iv)'' and by 
adding the following after clause (iii):
            ``(iv) The defendant acquired the facility from a person 
        exempt from liability under section 107(n) and has not engaged 
        in (I) any response action at the facility, (II) disposal of 
        any hazardous substance at the facility, or (III) the 
        generation of any hazardous substance disposed of at such 
        facility. This clause shall not apply to any person who impedes 
        the performance of a response action or natural resource 
        restoration at the facility concerned.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply only with respect to final agency actions, or court orders 
issued or judicial decisions made, under the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 after 
the date of the enactment of this Act.
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