II 109th CONGRESS 2d Session S. 3620 IN THE SENATE OF THE UNITED STATES June 29, 2006 Mr. Levin (for himself, Mrs. Dole, Mr. Reed, Mr. Jeffords, Mr. Voinovich, and Mr. Martinez) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To facilitate the provision of assistance by the Department of Housing and Urban Development for the cleanup and economic redevelopment of brownfields.

1.

Short title

This Act may be cited as the Brownfields Redevelopment Enhancement Act.

2.

Findings and purposes

(a)

Findings

The Congress finds that— (1)grants under the Brownfields Economic Development Initiative of the Department of Housing and Urban Development provide local governments with a flexible source of funding to pursue brownfields redevelopment through land acquisition, site preparation, economic development, and other activities; (2)to be eligible for such grant funds, a community must be willing to pledge community development block grant funds as partial collateral for a loan guarantee under section 108 of the Housing and Community Development Act of 1974, and this requirement is a barrier to many local communities that are unable or unwilling to pledge such block grant funds as collateral; and (3)by providing grants for the economic development of brownfield sites independent from section 108 loan guarantees and the related pledge of community development block grant funds, more communities will have access to funding for redevelopment of brownfield sites. (b)

Purpose

The purpose of this Act is to provide units of general local government and Indian tribes with increased accessibility to brownfields redevelopment funds by permitting the Secretary of Housing and Urban Development to make grants for brownfields development independent from section 108 loan guarantees.

3.

Brownfields development initiative

Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended by adding at the end the following new section:

123.

Brownfields development initiative

(a)

In General

The Secretary may make grants under this section, on a competitive basis as specified in section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545), only to eligible public entities (as such term is defined in section 108(o) of this title) and Indian tribes for carrying out projects and activities to assist the development and redevelopment of brownfield sites, which shall include mine-scarred lands. (b)

Use of Grant Amounts

Amounts from grants under this section— (1)shall be used, as provided in subsection (a) of this section, only for activities specified in section 105(a) in connection with a brownfield site; (2)shall be subject to the same requirements that, under section 101(c) and paragraphs (2) and (3) of section 104(b), apply to grants under section 106; and (3)shall not be provided or used in a manner that reduces the financial responsibility of any nongovernmental party that is responsible or potentially responsible for contamination on any real property and the provision of assistance pursuant to this section shall not in any way relieve any party of liability with respect to such contamination, including liability for removal and remediation costs. (c)

Availability of Assistance

The Secretary shall not require, for eligibility for a grant under this section, that such grant amounts be used only in connection or conjunction with projects and activities assisted with a loan guaranteed under section 108. (d)

Applications

Applications for assistance under this subsection shall be in the form and in accordance with the procedures established by the Secretary. (e)

Selection criteria

(1)

In general

The Secretary shall establish criteria for awarding assistance under this subsection. (2)

Criteria

The criteria established under paragraph (1) shall include— (A)the extent of need for such assistance; (B)the level of distress in the community to be served and in the jurisdiction applying for assistance; (C)the quality of the plan proposed and the capacity or potential capacity of the applicant to successfully carry out the plan; and (D)such other factors as the Secretary determines to be appropriate. (f)

Definition of Brownfield Site

For purposes of this section, the term brownfield site— (1)has the meaning given such term in section 101(39) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(39)); and (2)includes a site that meets the requirements under subparagraph (D) of such section for inclusion as a brownfield site for purposes of section 104(k) of such Act (42 U.S.C. 9604(k)). (g)

Authorization of Appropriations

There are authorized to be appropriated for grants under this section $50,000,000, for each of fiscal years 2007, 2008, 2009, 2010, and 2011.

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4.

Technical amendment to allow use of CDBG funds to administer renewal communities

Section 105(a)(13) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(13)) is amended by inserting and renewal communities after enterprise zones.

5.

Applicability

The amendments made by this Act shall apply only with respect to amounts made available for fiscal year 2007 and fiscal years thereafter for use under the provisions of law amended by this Act.