[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 336 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 336

   To amend the Public Works and Economic Development Act of 1965 to 
 provide assistance to communities for the redevelopment of brownfield 
                                 sites.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 25, 2005

  Mr. Lynch 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 the Public Works and Economic Development Act of 1965 to 
 provide assistance to communities for the redevelopment of brownfield 
                                 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 ``Brownfields Improvement Act of 
2005''.

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) and (2) and paragraphs 
        (3) through (12) as paragraphs (2) and (3) and paragraphs (5) 
        through (14), respectively;
            (2) by inserting before paragraph (2) (as so redesignated) 
        the following:
            ``(1) Brownfield site.--The term `brownfield site' means a 
        brownfield site (as defined in section 101 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601)) with respect to which an entity has received, 
        or is eligible to receive, funding under section 104(k) of that 
        Act (42 U.S.C. 9604(k)) for site characterization, assessment, 
        or remediation.'';
            (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:
            ``(15) 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 by adding at the end the following:
    ``(c) 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 by adding 
at the end the following:

``SEC. 219. 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) the development of public facilities;
            ``(2) the development of public services;
            ``(3) business development (including funding of a 
        revolving loan fund);
            ``(4) the development of affordable housing;
            ``(5) planning;
            ``(6) technical assistance;
            ``(7) training; and
            ``(8) the purchase of environmental insurance with respect 
        to an activity described in any of paragraphs (1) through (3).
    ``(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;
            ``(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; and
            ``(3) in the case only of a project consisting of the 
        development of affordable housing, the Secretary determines 
        that--
                    ``(A) a high level of housing need exists in the 
                area in which the project is to be located, as 
                determined by the most recent consolidated plan 
                submitted by the applicable State, unit of general 
                local government, or consortium pursuant to 24 CFR Part 
                91; or
                    ``(B) the area in which the project is to be 
                located has been approved for payment standards 
                exceeding 110 percent of fair market rental pursuant to 
                section 8(o)(1)(D) of the United States Housing Act of 
                1937 (42 U.S.C. 1437f (o)(1)(D)) or is otherwise 
                considered a high-housing cost area for purposes of the 
                program under such section 8.
    ``(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, affordable housing 
                development, or eco-industrial development, projects on 
                brownfield sites;
            ``(2) carrying out development that conserves land 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. 3121 
note) is amended by adding at the end of the items relating to title II 
the following:

``Sec. 219. Grants for brownfield site redevelopment.''.

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. 705. 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 219 $75,000,000 for each of fiscal years 2006 through 2010, to 
remain available until expended.
    ``(b) Federal Share.--Notwithstanding section 204, and 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. 3121 
note) is amended by adding at the end of the items relating to title 
VII the following:

``Sec. 705. Authorization of appropriations for brownfield site 
                            redevelopment.''.
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