[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5310 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5310

 To amend the Comprehensive Environmental Response, Compensation, and 
   Liability Act of 1980 to reauthorize and improve the Brownfields 
            revitalization program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 2010

Mr. Pallone (for himself and Mr. Sestak) introduced the following bill; 
  which was referred to the Committee on Energy and 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 reauthorize and improve the Brownfields 
            revitalization program, 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 ``Brownfields Reauthorization Act of 
2010''.

SEC. 2. CLARIFICATION OF STATE OR LOCAL GOVERNMENT OWNERSHIP.

    Section 101(20)(D) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)(D)) is 
amended by striking ``involuntarily'' after ``acquired ownership or 
control''.

SEC. 3. NONPROFIT ORGANIZATION ELIGIBILITY.

    (a) Definition of Eligible Entity.--Section 104(k)(1) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9604(k)(1)) is amended--
            (1) in subparagraph (G), by striking ``Alaska; or'' and 
        inserting ``Alaska;'';
            (2) in subparagraph (H), by striking ``Indian community.'' 
        and inserting ``Indian community; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(I) a nonprofit organization, including--
                            ``(i) an organization described in section 
                        501(c)(3) of the Internal Revenue Code of 1986 
                        and exempt from taxation under section 501(a) 
                        of such Code;
                            ``(ii) a limited liability corporation in 
                        which all managing members or all members are 
                        organizations described under clause (i);
                            ``(iii) a limited partnership in which all 
                        general partners are--
                                    ``(I) organizations described under 
                                clause (i);
                                    ``(II) limited liability 
                                corporations whose members are all 
                                organizations described under clause 
                                (i); or
                                    ``(III) any combination of 
                                subclauses (I) and (II); or
                            ``(iv) a qualified community development 
                        entity, as defined in section 45D(c)(1) of the 
                        Internal Revenue Code of 1986.''.
    (b) Conforming Amendments.--Section 104(k) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(k)) is amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (A)(ii)--
                            (i) by striking ``or nonprofit 
                        organizations''; and
                            (ii) by striking ``or organization''; and
                    (B) in subparagraph (B)(ii)--
                            (i) by striking ``or other nonprofit 
                        organization''; and
                            (ii) by striking ``or nonprofit 
                        organization''; and
            (2) in paragraph (6)(A), by striking ``or nonprofit 
        organizations''.

SEC. 4. INCREASED FUNDING LIMIT FOR DIRECT REMEDIATION.

    Section 104(k)(3)(A) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(3)(A)), as 
amended in section 3(b), is further amended--
            (1) in clause (ii)--
                    (A) by striking ``$200,000'' and inserting 
                ``$750,000''; and
                    (B) by inserting ``, except that during the period 
                of fiscal years 2011 through 2016, the President may, 
                on not more than 2 occasions, waive such $750,000 
                limitation to permit the entity to receive a grant in 
                an amount not to exceed $1,500,000 for a site to be 
                remediated based on special circumstances, as 
                determined by the President.'' after ``site to be 
                remediated''; and
            (2) by adding after clause (ii) the following:
``The President may transfer any duties under this subparagraph to the 
Administrator.''.

SEC. 5. INDIRECT COSTS.

    Subparagraph (B) of section 104(k)(4) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(k)(4)) is amended--
            (1) in clause (i), by striking subclause (III) and 
        redesignating subclauses (IV) and (V) as subclauses (III) and 
        (IV), respectively; and
            (2) by striking clause (ii) and inserting the following:
                            ``(ii) Acceptable use of funds.--
                                    ``(I) In general.--In addition to 
                                other acceptable purposes described in 
                                this subsection, a grant or loan under 
                                this subsection may be used for payment 
                                for the costs of--
                                            ``(aa) investigation and 
                                        identification of the extent of 
                                        contamination;
                                            ``(bb) design and 
                                        performance of a response 
                                        action; and
                                            ``(cc) monitoring of a 
                                        natural resource.
                                    ``(II) Indirect costs.--Not more 
                                than 10 percent of a grant or loan 
                                under this subsection may be used for 
                                the payment of indirect costs.''.

SEC. 6. ELIGIBILITY FOR FUNDING FOR BROWNFIELD SITES ACQUIRED PRIOR TO 
              JANUARY 11, 2002.

    Subparagraph (B) of section 104(k)(4) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(k)(4)), as amended in section 5 of this Act, is further 
amended by striking clause (iii) and inserting the following:
                            ``(iii) Exceptions.--Notwithstanding clause 
                        (i)(III), the Administrator may use funds made 
                        available to carry out this subsection for one 
                        or more of the following:
                                    ``(I) To make a grant under 
                                paragraph (2) to an eligible entity 
                                that acquired a brownfield site to be 
                                covered by the grant on or before 
                                January 11, 2002.
                                    ``(II) To make a grant under 
                                paragraph (3) to an eligible entity if 
                                such eligible entity, except as 
                                otherwise provided in this subclause, 
                                satisfies all of the elements set forth 
                                in section 101(40) to qualify as a bona 
                                fide prospective purchaser, except that 
                                the date of acquisition of the 
                                brownfield site was on or before 
                                January 11, 2002. The Administrator may 
                                make exceptions with regard to 
                                compliance with the elements set forth 
                                in section 101(40) based on mitigating 
                                circumstances, including any of the 
                                following:
                                            ``(aa) The brownfield site 
                                        was acquired prior to May 31, 
                                        1997, and compliance with all 
                                        appropriate inquiry (as 
                                        required under section 
                                        101(40)(B)) cannot be fairly 
                                        determined.
                                            ``(bb) A current site 
                                        assessment of the brownfield 
                                        site has found no evidence that 
                                        the eligible entity caused, 
                                        exacerbated, or failed to 
                                        exercise appropriate care (as 
                                        required under section 
                                        101(40)(D)) with respect to 
                                        contamination found at the 
                                        site.
                                            ``(cc) The eligible entity 
                                        held a public hearing with 
                                        respect to the grant 
                                        application and no substantive 
                                        testimony was offered that 
                                        indicates that the eligible 
                                        entity caused, exacerbated, or 
                                        failed to exercise appropriate 
                                        care (as required under section 
                                        101(40)(D)) with respect to 
                                        contamination found at the 
                                        site.
                                            ``(dd) There are other 
                                        circumstances that make 
                                        compliance with the elements 
                                        set forth in section 101(40) 
                                        impractical and not in the 
                                        public interest.
                                    ``(III) To make a grant or loan 
                                under this subsection to an eligible 
                                entity if such entity--
                                            ``(aa) acquired ownership 
                                        of the brownfield site at least 
                                        30 years prior to the date of 
                                        the grant or loan, but not 
                                        later than May 31, 1997;
                                            ``(bb) did not cause or 
                                        contribute to the contamination 
                                        on the brownfield site; and
                                            ``(cc) can reasonably 
                                        indicate why such entity cannot 
                                        comply with the elements set 
                                        forth in section 101(40) to 
                                        qualify as a bona fide 
                                        prospective purchaser.''.

SEC. 7. MULTI-PURPOSE BROWNFIELD GRANTS.

    (a) Multi-Purpose Grant Program.--Section 104(k) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9604(k)), is amended--
            (1) by redesignating paragraph (12) as paragraph (15);
            (2) by redesignating paragraphs (4) through (11), as 
        amended, as paragraphs (5) through (12), respectively; and
            (3) by adding after paragraph (3) the following new 
        paragraph:
            ``(4) Multi-purpose brownfield grants.--
                    ``(A) Establishment of program.--Subject to 
                paragraphs (5) and (6), the Administrator shall 
                establish a program to provide multi-purpose grants to 
                eligible entities, where warranted, as determined by 
                the Administrator based on considerations under 
                paragraph (3)(C), to be used to inventory, 
                characterize, assess, conduct planning related to, or 
                remediate (or any combination thereof), one or more 
                brownfield sites in an area, in amounts not to exceed 
                $1,500,000 per grant.
                    ``(B) Additional considerations.--In addition to 
                the considerations under paragraph (3)(C), in 
                determining whether a multi-purpose grant is warranted 
                under the program under subparagraph (A), the 
                Administrator shall consider the extent to which the 
                eligible entity demonstrates--
                            ``(i) an overall plan for revitalization of 
                        brownfield sites in the area in which the 
                        multi-purpose grant will be used;
                            ``(ii) the capacity to conduct the range of 
                        eligible activities that will be funded by the 
                        multi-purpose grant; and
                            ``(iii) that a multi-purpose grant is 
                        appropriate for meeting the needs of the area 
                        in which the grant will be used.
                    ``(C) Grant funds.--Grants provided under the 
                program established under subparagraph (A) shall be 
                expended not later than 3 years after the award of 
                grant funding to the eligible entity, unless the 
                Administrator determines that an extension of not more 
                than 2 years is justified.
                    ``(D) Ownership.--A recipient of a grant under this 
                paragraph may not use amounts from such grant on 
                remediation of a brownfield site until such recipient 
                owns such site.
                    ``(E) Existing authority.--Nothing in this 
                paragraph shall limit any other authority of the 
                President or the Administrator under this 
                subsection.''.
    (b) Conforming Amendments.--
            (1) Section 104(k)(3)(A) of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9604(k)(3)(A)), as amended, is further amended by striking 
        ``Subject to paragraphs (4) and (5)'' and inserting ``Subject 
        to paragraphs (5) and (6)''.
            (2) Section 104(k)(3)(C) of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9604(k)(3)(C)) is amended by inserting ``or paragraph (4)'' 
        after ``under subparagraph (A)(ii) or (B)(ii)''.

SEC. 8. PROGRAM FOR SUSTAINABLE REUSE AND ALTERNATIVE ENERGY ON 
              BROWNFIELD SITES.

    Section 104(k) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended 
by adding after paragraph (12), as redesignated by section 7(a)(2) of 
this Act, the following new paragraph:
            ``(13) Program for sustainable reuse and alternative energy 
        on brownfield sites.--
                    ``(A) Establishment and use of funds.--The 
                Administrator shall establish a program to make grants, 
                on a competitive basis, to eligible entities to be used 
                at one or more brownfield sites for projects that 
                reduce environmental impact, increase community 
                livability, and encourage sustainability, including--
                            ``(i) sustainable reuse planning and site 
                        analysis, including--
                                    ``(I) site characterization and 
                                assessment;
                                    ``(II) area and corridor 
                                sustainability plans; and
                                    ``(III) engineering or feasibility 
                                analysis of environmentally beneficial 
                                site improvements;
                            ``(ii) remediation;
                            ``(iii) ecosystem restoration; and
                            ``(iv) habitat restoration.
                    ``(B) Project selection.--In addition to the 
                criteria under paragraph (6), in selecting grant 
                recipients under this paragraph, the Administrator 
                shall take into consideration the extent to which a 
                grant will facilitate future use of a brownfield site 
                in an environmentally beneficial and sustainable 
                manner, including the potential for renewable energy 
                production and green infrastructure, including 
                greenways and hike-bike trails, green buildings, and 
                mixed use and transit-oriented development in smart 
                growth locations.''.

SEC. 9. STAFF FOR SMALL, DISADVANTAGED, OR RURAL COMMUNITIES.

    Section 104(k) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended 
by adding after paragraph (13) (as added by section 8 of this Act) the 
following:
            ``(14) Staff for small, disadvantaged, or rural 
        communities.--The Administrator, upon approval of an 
        application made by an eligible entity serving a community that 
        has a small population, is disadvantaged, or is in a rural 
        location, and in accordance with the applicable provisions of 
        subchapter VI of chapter 33 of title 5, United States Code, may 
        assign employees of the Environmental Protection Agency to such 
        eligible entity to build local capacity for the remediation and 
        revitalization of brownfield sites located in such communities. 
        The Administrator shall determine, consistent with existing law 
        and regulation in effect as of the date of enactment of this 
        paragraph, what qualifies as a community that has a small 
        population, is disadvantaged, or is in a rural location for 
        purposes of this paragraph, provided that such definitions 
        include rural municipalities, municipalities with populations 
        of up to 20,000, and municipalities in which the median 
        household income is at or less than \2/3\ of the State 
        average.''.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--Subparagraph (A) of paragraph 
(15) (as redesignated by section 7(a)(1) of this Act) of section 104(k) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9604(k)) is amended to read as 
follows:
                    ``(A) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                subsection--
                            ``(i) $350,000,000 for fiscal year 2011;
                            ``(ii) $400,000,000 for fiscal year 2012;
                            ``(iii) $450,000,000 for fiscal year 2013;
                            ``(iv) $500,000,000 for fiscal year 2014;
                            ``(v) $550,000,000 for fiscal year 2015; 
                        and
                            ``(vi) $600,000,000 for fiscal year 
                        2016.''.
    (b) Petroleum Set Aside.--Paragraph (15) of section 104(k) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9604(k)), as redesignated by section 7(a)(1) of this 
Act and as amended by subsection (a) of this section, is further 
amended, in subparagraph (B), by inserting ``at least'' before ``25 
percent''.
    (c) Set Aside for Sustainable Reuse.--Paragraph (15) of section 
104(k) of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9604(k)), as redesignated by section 
7(a)(1) of this Act and as amended by subsections (a) and (b) of this 
section, is further amended by adding after subparagraph (B) the 
following new subparagraph:
                    ``(C) Set aside for program for sustainable reuse 
                and alternative energy on brownfield sites.--Of amounts 
                made available each fiscal year pursuant to 
                subparagraph (A), at least 7.5 percent of such amounts 
                shall be used to carry out the program under paragraph 
                (13).''.

SEC. 11. STATE RESPONSE PROGRAMS.

    Section 128(a)(3) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is 
amended to read as follows:
            ``(3) Funding.--There are authorized to be appropriated to 
        carry out this subsection $70,000,000 for fiscal year 2011, 
        $80,000,000 for fiscal year 2012, $90,000,000 for fiscal year 
        2013, $100,000,000 for fiscal year 2014, $110,000,000 for 
        fiscal year 2015, and $120,000,000 for fiscal year 2016 and 
        each fiscal year thereafter.''.
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