[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1078 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1078

To promote brownfields redevelopment in urban and rural areas and spur 
      community revitalization in low-income and moderate-income 
                             neighborhoods.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 21, 2001

  Mr. Levin (for himself, Mr. Jeffords, Mr. Baucus, Mr. Kennedy, Ms. 
   Stabenow, Mr. Reid, Mr. Schumer, Mr. Leahy, Mr. Corzine, and Mr. 
    Dayton) introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
To promote brownfields redevelopment in urban and rural areas and spur 
      community revitalization in low-income and moderate-income 
                             neighborhoods.

    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 Economic Development Act 
of 2001''.

SEC. 2. ECONOMIC DEVELOPMENT GRANTS.

    Section 108(q) of the Housing and Community Development Act of 1974 
(42 U.S.C. 5308(q)) is amended--
            (1) in paragraph (2), by striking ``Assistance'' and 
        inserting ``Except as provided in paragraph (5), assistance'';
            (2) in paragraph (3), by striking ``Eligible'' and 
        inserting ``Except as provided in paragraph (5), eligible''; 
        and
            (3) by adding at the end the following:
            ``(5) Brownfields redevelopment grants.--
                    ``(A) Grant authority.--Notwithstanding paragraph 
                (1), of amounts made available to carry out this 
                subsection, the Secretary may make grants, on a 
                competitive basis, to eligible public entities and 
                federally recognized Indian tribes for the 
                redevelopment of brownfield sites, independent of any 
                note or other obligation guaranteed under subsection 
                (a).
                    ``(B) Set-aside.--Of the amounts made available for 
                grants under this paragraph, the Secretary shall set 
                aside not less than 10 percent and not more than 30 
                percent, which shall be used for brownfield site 
                redevelopment in nonentitlement areas and by federally 
                recognized Indian tribes.
                    ``(C) Brownfield site definition.--
                            ``(i) 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.
                            ``(ii) Exclusions.--Except as provided in 
                        clause (iii), 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, under that Act;
                                    ``(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 that 
                                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--
                                            ``(aa) the Solid Waste 
                                        Disposal Act (42 U.S.C. 6901 et 
                                        seq.);
                                            ``(bb) the Federal Water 
                                        Pollution Control Act (33 
                                        U.S.C. 1321);
                                            ``(cc) the Toxic Substances 
                                        Control Act (15 U.S.C. 2601 et 
                                        seq.); or
                                            ``(dd) the Safe Drinking 
                                        Water Act (42 U.S.C. 300f et 
                                        seq.);
                                    ``(V) a facility that--
                                            ``(aa) 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
                                            ``(bb) 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--
                                            ``(aa) a closure 
                                        notification under subtitle C 
                                        of the Solid Waste Disposal Act 
                                        (42 U.S.C. 6921 et seq.) has 
                                        been submitted; and
                                            ``(bb) 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--
                                            ``(aa) at which there has 
                                        been a release of 
                                        polychlorinated biphenyls; and
                                            ``(bb) 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.
                            ``(iii) Site-by-site inclusions.--The term 
                        `brownfield site', with respect to the 
                        provision of financial assistance, includes a 
                        site referred to in subclause (I), (IV), (V), 
                        (VI), (VIII), or (IX) of clause (ii), 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)(aa) promote economic 
                                development; or
                                    ``(bb) 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 inclusions.--For purposes of 
                subparagraph (C), the term `brownfield site' includes a 
                site that meets the definition of `brownfield site' 
                under clauses (i) through (iii) of subparagraph (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); and
                            ``(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.''.
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