[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4894 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4894

 To amend Public Works and Economic Development Act of 1965 to provide 
 assistance for brownfield site redevelopment, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 6, 2002

   Mr. Quinn (for himself, Mr. Meehan, Mr. McHugh, Mr. Pascrell, Mr. 
  Leach, Mr. Simmons, and Mr. Kildee) introduced the following bill; 
       which was referred to the Committee on Transportation and 
Infrastructure, and in addition to the Committee on Financial Services, 
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 Public Works and Economic Development Act of 1965 to provide 
 assistance for brownfield site redevelopment, 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 ``Brownfield Site Redevelopment 
Assistance Act of 2002''.

SEC. 2. PURPOSES.

    Consistent with section 2 of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3121), the purposes of this Act 
are--
            (1) to provide targeted assistance, including planning 
        assistance, for projects that promote--
                    (A) the redevelopment, restoration, and economic 
                recovery of brownfield sites; and
                    (B) eco-industrial development; and
            (2) through such assistance, to further the goals of 
        restoring the employment and tax bases of, and bringing new 
        income and private investment to, distressed communities that 
        have not participated fully in the economic growth of the 
        United States because of a lack of an adequate private sector 
        tax base to support essential public services and facilities.

SEC. 3. DEFINITIONS.

    Section 3 of the Public Works and Economic Development Act of 1965 
(42 U.S.C. 3122) is amended--
            (1) by redesignating paragraphs (1), (2), and (3) through 
        (10) as paragraphs (2), (3), and (5) through (12), 
        respectively;
            (2) by inserting before paragraph (2) (as so redesignated) 
        the following:
            ``(1) 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--
                            ``(i) a hazardous substance (as defined in 
                        section 101 of the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9601)); or
                            ``(ii) any other pollutant or contaminant, 
                        as determined by the Secretary, in consultation 
                        with the Administrator of the Environmental 
                        Protection Agency.
                    ``(B) Exclusions.--Except as provided in 
                subparagraph (C), the term `brownfield site' does not 
                include--
                            ``(i) a facility that is the subject of a 
                        planned or ongoing removal action under the 
                        Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 (42 
                        U.S.C. 9601 et seq.);
                            ``(ii) a facility that is listed on the 
                        National Priorities List, or is proposed for 
                        listing on that list, under that Act;
                            ``(iii) a facility that is the subject of a 
                        unilateral administrative order, a court order, 
                        an administrative order on consent, or a 
                        judicial consent decree that has been issued to 
                        or entered into by the parties under that Act;
                            ``(iv) a facility that is the subject of a 
                        unilateral administrative order, a court order, 
                        an administrative order on consent, or a 
                        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--
                                    ``(I) the Solid Waste Disposal Act 
                                (42 U.S.C. 6901 et seq.);
                                    ``(II) the Federal Water Pollution 
                                Control Act (33 U.S.C. 1251 et seq.);
                                    ``(III) the Toxic Substances 
                                Control Act (15 U.S.C. 2601 et seq.); 
                                or
                                    ``(IV) the Safe Drinking Water Act 
                                (42 U.S.C. 300f et seq.);
                            ``(v) a facility--
                                    ``(I) that 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 by section 9508 of the 
                        Internal Revenue Code of 1986.
                    ``(C) Site-by-site inclusions.--The term 
                `brownfield site' includes a site referred to in clause 
                (i), (iv), (v), (vi), (viii), or (ix) of subparagraph 
                (B), if, on a site-by-site basis, the Secretary, in 
                consultation with the Administrator of the 
                Environmental Protection Agency, determines that use of 
                the financial assistance at the site will--
                            ``(i) protect human health and the 
                        environment; and
                            ``(ii)(I) promote economic development;
                            ``(II) enable the creation of, preservation 
                        of, or addition to parks, greenways, 
                        undeveloped property, other recreational 
                        property, or other property used for nonprofit 
                        purposes; or
                            ``(III) promote eco-industrial development.
                    ``(D) Additional inclusions.--The term `brownfield 
                site' includes a site that meets the definition of 
                `brownfield site' under subparagraphs (A) through (C) 
                that--
                            ``(i) is contaminated by a controlled 
                        substance (as defined in section 102 of the 
                        Controlled Substances Act (21 U.S.C. 802));
                            ``(ii)(I) is contaminated by petroleum or a 
                        petroleum product excluded from the definition 
                        of `hazardous substance' under section 101 of 
                        the Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 (42 
                        U.S.C. 9601);
                            ``(II) is a site determined by the 
                        Secretary, in consultation with the 
                        Administrator of the Environmental Protection 
                        Agency, to be--
                                    ``(aa) of relatively low risk, as 
                                compared with other petroleum-only 
                                sites in the State in which the site is 
                                located; and
                                    ``(bb) a site for which there is no 
                                viable responsible party and that will 
                                be assessed, investigated, or cleaned 
                                up by a person that is not potentially 
                                liable for cleaning up the site; and
                            ``(III) is not subject to any order issued 
                        under section 9003(h) of the Solid Waste 
                        Disposal Act (42 U.S.C. 6991b(h)); or
                            ``(iii) is mine-scarred land.'';
            (3) by inserting after paragraph (3) (as redesignated by 
        paragraph (1)) the following:
            ``(4) Eco-industrial development.--The term `eco-industrial 
        development' means development conducted in a manner in which 
        businesses cooperate with each other and the local community to 
        efficiently share resources (such as information, materials, 
        water, energy infrastructure, and natural habitat) with the 
        goals of--
                    ``(A) economic gains;
                    ``(B) improved environmental quality; and
                    ``(C) equitable enhancement of human resources in 
                businesses and local communities.''; and
            (4) by adding at the end the following:
            ``(13) Unused land.--The term `unused land' means any 
        publicly-owned or privately-owned unused, underused, or 
        abandoned land that is not contributing to the quality of life 
        or economic well-being of the community in which the land is 
        located.''.

SEC. 4. COORDINATION.

    Section 103 of the Public Works and Economic Development Act of 
1965 (42 U.S.C. 3132) is amended--
            (1) by inserting ``(a) Comprehensive Economic Development 
        Strategies.--'' before ``The Secretary''; and
            (2) by adding at the end the following:
    ``(b) Brownfield Site Redevelopment.--The Secretary shall 
coordinate activities relating to the redevelopment of brownfield sites 
and the promotion of eco-industrial development under this Act with 
other Federal agencies, States, local governments, consortia of local 
governments, Indian tribes, nonprofit organizations, and public-private 
partnerships.''.

SEC. 5. GRANTS FOR BROWNFIELD SITE REDEVELOPMENT.

    (a) In General.--Title II of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended--
            (1) by redesignating sections 210 through 213 as sections 
        211 through 214, respectively; and
            (2) by inserting after section 209 the following:

``SEC. 210. GRANTS FOR BROWNFIELD SITE REDEVELOPMENT.

    ``(a) In General.--On the application of an eligible recipient, the 
Secretary may make grants for projects to alleviate or prevent 
conditions of excessive unemployment, underemployment, blight, and 
infrastructure deterioration associated with brownfield sites, 
including projects consisting of--
            ``(1) development of public facilities;
            ``(2) development of public services;
            ``(3) business development (including funding of a 
        revolving loan fund);
            ``(4) planning;
            ``(5) technical assistance; and
            ``(6) training.
    ``(b) Criteria for Grants.--The Secretary may provide a grant for a 
project under this section only if--
            ``(1) the Secretary determines that the project will assist 
        the area where the project is or will be located to meet, 
        directly or indirectly, a special need arising from--
                    ``(A) a high level of unemployment or 
                underemployment, or a high proportion of low-income 
                households;
                    ``(B) the existence of blight and infrastructure 
                deterioration;
                    ``(C) dislocations resulting from commercial or 
                industrial restructuring;
                    ``(D) outmigration and population loss, as 
                indicated by--
                            ``(i)(I) depletion of human capital 
                        (including young, skilled, or educated 
                        populations);
                            ``(II) depletion of financial capital 
                        (including firms and investment); or
                            ``(III) a shrinking tax base; and
                            ``(ii) resulting--
                                    ``(I) fiscal pressure;
                                    ``(II) restricted access to 
                                markets; and
                                    ``(III) constrained local 
                                development potential; or
                    ``(E) the closure or realignment of--
                            ``(i) a military or Department of Energy 
                        installation; or
                            ``(ii) any other Federal facility; and
            ``(2) except in the case of a project consisting of 
        planning or technical assistance--
                    ``(A) the Secretary has approved a comprehensive 
                economic development strategy for the area where the 
                project is or will be located; and
                    ``(B) the project is consistent with the 
                comprehensive economic development strategy.
    ``(c) Particular Community Assistance.--Assistance under this 
section may include assistance provided for activities identified by a 
community, the economy of which is injured by the existence of 1 or 
more brownfield sites, to assist the community in--
            ``(1) revitalizing affected areas by--
                    ``(A) diversifying the economy of the community; or
                    ``(B) carrying out industrial or commercial 
                (including mixed use) redevelopment, or eco-industrial 
                development, projects on brownfield sites or sites 
                adjacent to brownfield sites;
            ``(2) carrying out development that conserves environmental 
        and agricultural resources by--
                    ``(A) reusing existing facilities and 
                infrastructure;
                    ``(B) reclaiming unused land and abandoned 
                buildings; or
                    ``(C) promoting eco-industrial development, and 
                environmentally responsible development, of brownfield 
                sites; or
            ``(3) carrying out a collaborative economic development 
        planning process, developed with broad-based and diverse 
        community participation, that addresses the economic 
        repercussions and opportunities posed by the existence of 
        brownfield sites in an area.
    ``(d) Direct Expenditure or Redistribution by Eligible Recipient.--
            ``(1) In general.--Subject to paragraph (2), an eligible 
        recipient of a grant under this section may directly expend the 
        grant funds or may redistribute the funds to public and private 
        entities in the form of a grant, loan, loan guarantee, payment 
        to reduce interest on a loan guarantee, or other appropriate 
        assistance.
            ``(2) Limitation.--Under paragraph (1), an eligible 
        recipient may not provide any grant to a private for-profit 
        entity.''.
    (b) Conforming Amendment.--The table of contents in section 1(b) of 
the Public Works and Economic Development Act of 1965 (42 U.S.C. prec. 
3121) is amended by striking the items relating to sections 210 through 
213 and inserting the following:

``Sec. 210. Grants for brownfield site redevelopment.
``Sec. 211. Changed project circumstances.
``Sec. 212. Use of funds in projects constructed under projected cost.
``Sec. 213. Reports by recipients.
``Sec. 214. Prohibition on use of funds for attorney's and consultant's 
                            fees.''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Title VII of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3231 et seq.) is amended by adding 
at the end the following:

``SEC. 704. AUTHORIZATION OF APPROPRIATIONS FOR BROWNFIELD SITE 
              REDEVELOPMENT.

    ``(a) In General.--In addition to amounts made available under 
section 701, there is authorized to be appropriated to carry out 
section 210 $60,000,000 for each of fiscal years 2003 through 2007, to 
remain available until expended.
    ``(b) Federal Share.--Notwithstanding section 204, subject to 
section 205, the Federal share of the cost of activities funded with 
amounts made available under subsection (a) shall be not more than 75 
percent.''.
    (b) Conforming Amendment.--The table of contents in section 1(b) of 
the Public Works and Economic Development Act of 1965 (42 U.S.C. prec. 
3121) is amended by adding at the end of the items relating to title 
VII the following:

``Sec. 704. Authorization of appropriations for brownfield site 
                            redevelopment.''.
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