II 112th CONGRESS 2d Session S. 3549 IN THE SENATE OF THE UNITED STATES September 13, 2012 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide grants for the revitalization of waterfront brownfields, and for other purposes.

1.

Short title

This Act may be cited as the Waterfront Brownfields Revitalization Act.

2.

Waterfront brownfields grant

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 paragraphs (4) through (11) and (12) as paragraphs (5) through (12) and (14), respectively; (2)in paragraph (3)(A), by striking paragraphs (4) and (5) and inserting paragraphs (5) and (6); (3)by inserting after paragraph (3) the following: (4)

Grants for waterfront brownfields revitalization

(A)

Definition of waterfront brownfields site

In this paragraph, the term waterfront brownfields site means a brownfields site that is adjacent to a body of water. (B)

Program

Subject to paragraphs (5) and (6), the Administrator shall establish a program to provide grants to eligible entities or nonprofit organizations to be used in accordance with subparagraph (C) for 1 or more waterfront brownfields sites. (C)

Use of funds

A grant under this paragraph may be used for reuse planning, site characterization and assessment, or remediation at waterfront brownfields sites, including the integration of activities related to the design and implementation of water quality improvements, low impact development approaches, green infrastructure, remediation and management of sediments, or flood damage prevention associated with brownfields remediation and reuse. ; (4)in paragraph (5)(A) (as redesignated by paragraph (1)), by adding at the end the following: (iii)

Waterfront brownfields revitalization

A grant made to an eligible entity or nonprofit organization under paragraph (4) may not exceed $500,000. ; (5)in paragraph (7)(A) (as redesignated by paragraph (1)) by inserting waterfront brownfields revitalization, after community involvement,; and (6)by striking paragraph (14) (as redesignated by paragraph (1)) and inserting the following: (13)

Annual report

The Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce and the Committee on Transportation and Infrastructure of the House of Representatives an annual report on the implementation of the brownfield site characterization and assessment grant program under this subsection. (14)

Funding

(A)

Authorization of appropriations

There is authorized to be appropriated to carry out this subsection $220,000,000 for each of fiscal years 2013 through 2017. (B)

Use of certain funds

Of the amount made available under subparagraph (A) for a fiscal year, $55,000,000, or, if the amount made available is less than $220,000,000, 25 percent of the amount made available, shall be used for site characterization, assessment, and remediation of facilities described in section 101(39)(D)(ii)(II). (C)

Waterfront brownfields revitalization

There are authorized to be appropriated to carry out paragraph (4) such sums as are necessary. .

3.

Task Force

(a)

Establishment

The Administrator of the Environmental Protection Agency shall establish and serve as chairperson of a task force on the revitalization of waterfront brownfields (as defined in section 104(k)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) (as added by section 2(3)). (b)

Membership

Members of the task force shall include representatives who have expertise in waterfronts or brownfields revitalization, including representatives from— (1)the Environmental Protection Agency; (2)the National Oceanographic and Atmospheric Administration; (3)the Corps of Engineers; (4)the Department of Transportation; (5)the Department of Housing and Urban Development; (6)the Economic Development Administration; (7)the United States Fish and Wildlife Service; (8)State and local governments; (9)community-based organizations and other interested parties; and (10)any other agency or entity the Administrator determines to be appropriate. (c)

Duties

The task force shall identify— (1)existing and potential funding and technical assistance resources for waterfront brownfields revitalization; (2)barriers to and solutions for waterfront brownfields revitalization; and (3)methods to coordinate interagency efforts for waterfront brownfields revitalization. (d)

Report

Not later than 3 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall submit to the appropriate committees of Congress a report describing the findings of the task force on improving waterfront brownfields revitalization.