[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 822 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 213
115th CONGRESS
  1st Session
                                 S. 822

                          [Report No. 115-148]

 To amend the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 to modify provisions relating to grants, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 4, 2017

Mr. Inhofe (for himself, Mr. Markey, Mr. Rounds, Mr. Booker, Mr. Crapo, 
Mr. King, Mr. Whitehouse, Mr. Carper, Mrs. Gillibrand, and Ms. Warren) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

                           September 7, 2017

              Reported by Mr. Barrasso, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 to modify provisions relating to grants, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Brownfields Utilization, 
Investment, and Local Development Act of 2017'' or the ``BUILD 
Act''.</DELETED>

<DELETED>SEC. 2. EXPANDED ELIGIBILITY FOR NONPROFIT 
              ORGANIZATIONS.</DELETED>

<DELETED>    Section 104(k)(1) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9604(k)(1)) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (G), by striking ``or'' after 
        the semicolon;</DELETED>
        <DELETED>    (2) in subparagraph (H), by striking the period at 
        the end and inserting a semicolon; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                <DELETED>    ``(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 that 
                Code;</DELETED>
                <DELETED>    ``(J) a limited liability corporation in 
                which all managing members are organizations described 
                in subparagraph (I) or limited liability corporations 
                whose sole members are organizations described in 
                subparagraph (I);</DELETED>
                <DELETED>    ``(K) a limited partnership in which all 
                general partners are organizations described in 
                subparagraph (I) or limited liability corporations 
                whose sole members are organizations described in 
                subparagraph (I); or</DELETED>
                <DELETED>    ``(L) a qualified community development 
                entity (as defined in section 45D(c)(1) of the Internal 
                Revenue Code of 1986).''.</DELETED>

<DELETED>SEC. 3. MULTIPURPOSE BROWNFIELDS GRANTS.</DELETED>

<DELETED>    Section 104(k) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) 
is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (4) through (9) 
        and (10) through (12) as paragraphs (5) through (10) and (13) 
        through (15), respectively;</DELETED>
        <DELETED>    (2) in paragraph (3)(A), in the matter preceding 
        clause (i), by striking ``subject to paragraphs (4) and (5)'' 
        and inserting ``subject to paragraphs (5) and (6)''; 
        and</DELETED>
        <DELETED>    (3) by inserting after paragraph (3) the 
        following:</DELETED>
        <DELETED>    ``(4) Multipurpose brownfields grants.--</DELETED>
                <DELETED>    ``(A) In general.--Subject to subparagraph 
                (D) and paragraphs (5) and (6), the Administrator shall 
                establish a program to provide multipurpose grants to 
                an eligible entity based on the considerations under 
                paragraph (3)(C), to carry out inventory, 
                characterization, assessment, planning, or remediation 
                activities at 1 or more brownfield sites in a proposed 
                area.</DELETED>
                <DELETED>    ``(B) Grant amounts.--</DELETED>
                        <DELETED>    ``(i) Individual grant amounts.--
                        Each grant awarded under this paragraph shall 
                        not exceed $950,000.</DELETED>
                        <DELETED>    ``(ii) Cumulative grant amounts.--
                        The total amount of grants awarded for each 
                        fiscal year under this paragraph shall not 
                        exceed 15 percent of the funds made available 
                        for the fiscal year to carry out this 
                        subsection.</DELETED>
                <DELETED>    ``(C) Criteria.--In awarding a grant under 
                this paragraph, the Administrator shall consider the 
                extent to which an eligible entity is able--</DELETED>
                        <DELETED>    ``(i) to provide an overall plan 
                        for revitalization of the 1 or more brownfield 
                        sites in the proposed area in which the 
                        multipurpose grant will be used;</DELETED>
                        <DELETED>    ``(ii) to demonstrate a capacity 
                        to conduct the range of eligible activities 
                        that will be funded by the multipurpose grant; 
                        and</DELETED>
                        <DELETED>    ``(iii) to demonstrate that a 
                        multipurpose grant will meet the needs of the 1 
                        or more brownfield sites in the proposed 
                        area.</DELETED>
                <DELETED>    ``(D) Condition.--As a condition of 
                receiving a grant under this paragraph, each eligible 
                entity shall expend the full amount of the grant not 
                later than the date that is 3 years after the date on 
                which the grant is awarded to the eligible entity 
                unless the Administrator, in the discretion of the 
                Administrator, provides an extension.''.</DELETED>

<DELETED>SEC. 4. TREATMENT OF CERTAIN PUBLICLY OWNED BROWNFIELD 
              SITES.</DELETED>

<DELETED>    Section 104(k)(2) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9604(k)(2)) is amended by adding at the end the following:</DELETED>
                <DELETED>    ``(C) Exemption for certain publicly owned 
                brownfield sites.--Notwithstanding any other provision 
                of law, an eligible entity that is a governmental 
                entity may receive a grant under this paragraph for 
                property acquired by that governmental entity prior to 
                January 11, 2002, even if the governmental entity does 
                not qualify as a bona fide prospective purchaser (as 
                that term is defined in section 101(40)), so long as 
                the eligible entity has not caused or contributed to a 
                release or threatened release of a hazardous substance 
                at the property.''.</DELETED>

<DELETED>SEC. 5. INCREASED FUNDING FOR REMEDIATION GRANTS.</DELETED>

<DELETED>    Section 104(k)(3)(A)(ii) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(k)(3)(A)(ii)) is amended by striking ``$200,000 for each 
site to be remediated'' and inserting ``$500,000 for each site to be 
remediated, which limit may be waived by the Administrator, but not to 
exceed a total of $650,000 for each site, based on the anticipated 
level of contamination, size, or ownership status of the 
site''.</DELETED>

<DELETED>SEC. 6. ALLOWING ADMINISTRATIVE COSTS FOR GRANT 
              RECIPIENTS.</DELETED>

<DELETED>    Paragraph (5) 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 3(1)) is amended--
</DELETED>
        <DELETED>    (1) in subparagraph (B)--</DELETED>
                <DELETED>    (A) in clause (i)--</DELETED>
                        <DELETED>    (i) by striking subclause (III); 
                        and</DELETED>
                        <DELETED>    (ii) by redesignating subclauses 
                        (IV) and (V) as subclauses (III) and (IV), 
                        respectively;</DELETED>
                <DELETED>    (B) by striking clause (ii);</DELETED>
                <DELETED>    (C) by redesignating clause (iii) as 
                clause (ii); and</DELETED>
                <DELETED>    (D) in clause (ii) (as redesignated by 
                subparagraph (C)), by striking ``Notwithstanding clause 
                (i)(IV)'' and inserting ``Notwithstanding clause 
                (i)(III)''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
                <DELETED>    ``(E) Administrative costs.--</DELETED>
                        <DELETED>    ``(i) In general.--An eligible 
                        entity may use up to 8 percent of the amounts 
                        made available under a grant or loan under this 
                        subsection for administrative costs.</DELETED>
                        <DELETED>    ``(ii) Restriction.--For purposes 
                        of clause (i), the term `administrative costs' 
                        does not include--</DELETED>
                                <DELETED>    ``(I) investigation and 
                                identification of the extent of 
                                contamination;</DELETED>
                                <DELETED>    ``(II) design and 
                                performance of a response action; 
                                or</DELETED>
                                <DELETED>    ``(III) monitoring of a 
                                natural resource.''.</DELETED>

<DELETED>SEC. 7. SMALL COMMUNITY TECHNICAL ASSISTANCE GRANTS.</DELETED>

<DELETED>    Paragraph (7)(A) 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 3(1)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``The Administrator may provide,'' 
        and inserting the following:</DELETED>
                        <DELETED>    ``(i) Definitions.--In this 
                        subparagraph:</DELETED>
                                <DELETED>    ``(I) Disadvantaged 
                                area.--The term `disadvantaged area' 
                                means an area with an annual median 
                                household income that is less than 80 
                                percent of the statewide annual median 
                                household income, as determined by the 
                                latest available decennial 
                                census.</DELETED>
                                <DELETED>    ``(II) Small community.--
                                The term `small community' means a 
                                community with a population of not more 
                                than 15,000 individuals, as determined 
                                by the latest available decennial 
                                census.</DELETED>
                        <DELETED>    ``(ii) Establishment of program.--
                        The Administrator shall establish a program to 
                        provide grants that provide,''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
                        <DELETED>    ``(iii) Small or disadvantaged 
                        community recipients.--</DELETED>
                                <DELETED>    ``(I) In general.--Subject 
                                to subclause (II), in carrying out the 
                                program under clause (ii), the 
                                Administrator shall use not more than 
                                $600,000 of the amounts made available 
                                to carry out this paragraph to provide 
                                grants to States that receive amounts 
                                under section 128(a) to assist small 
                                communities, Indian tribes, rural 
                                areas, or disadvantaged areas in 
                                achieving the purposes described in 
                                clause (ii).</DELETED>
                                <DELETED>    ``(II) Limitation.--Each 
                                grant awarded under subclause (I) shall 
                                be not more than $7,500.''.</DELETED>

<DELETED>SEC. 8. WATERFRONT BROWNFIELDS GRANTS.</DELETED>

<DELETED>    Section 104(k) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) 
is amended by inserting after paragraph (10) (as redesignated by 
section 3(1)) the following:</DELETED>
        <DELETED>    ``(11) Waterfront brownfield sites.--</DELETED>
                <DELETED>    ``(A) Definition of waterfront brownfield 
                site.--In this paragraph, the term `waterfront 
                brownfield site' means a brownfield site that is 
                adjacent to a body of water or a federally designated 
                floodplain.</DELETED>
                <DELETED>    ``(B) Requirements.--In providing grants 
                under this subsection, the Administrator shall--
                </DELETED>
                        <DELETED>    ``(i) take into consideration 
                        whether the brownfield site to be served by the 
                        grant is a waterfront brownfield site; 
                        and</DELETED>
                        <DELETED>    ``(ii) give consideration to 
                        waterfront brownfield sites.''.</DELETED>

<DELETED>SEC. 9. CLEAN ENERGY BROWNFIELDS GRANTS.</DELETED>

<DELETED>    Section 104(k) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) 
(as amended by section 8) is amended by inserting after paragraph (11) 
the following:</DELETED>
        <DELETED>    ``(12) Clean energy projects at brownfield 
        sites.--</DELETED>
                <DELETED>    ``(A) Definition of clean energy 
                project.--In this paragraph, the term `clean energy 
                project' means--</DELETED>
                        <DELETED>    ``(i) a facility that generates 
                        renewable electricity from wind, solar, or 
                        geothermal energy; and</DELETED>
                        <DELETED>    ``(ii) any energy efficiency 
                        improvement project at a facility, including 
                        combined heat and power and district 
                        energy.</DELETED>
                <DELETED>    ``(B) Establishment.--The Administrator 
                shall establish a program to provide grants--</DELETED>
                        <DELETED>    ``(i) to eligible entities to 
                        carry out inventory, characterization, 
                        assessment, planning, feasibility analysis, 
                        design, or remediation activities to locate a 
                        clean energy project at 1 or more brownfield 
                        sites; and</DELETED>
                        <DELETED>    ``(ii) to capitalize a revolving 
                        loan fund for the purposes described in clause 
                        (i).</DELETED>
                <DELETED>    ``(C) Maximum amount.--A grant under this 
                paragraph shall not exceed $500,000.''.</DELETED>

<DELETED>SEC. 10. TARGETED FUNDING FOR STATES.</DELETED>

<DELETED>    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 3(1)) is amended by adding 
at the end the following:</DELETED>
                <DELETED>    ``(C) Targeted funding.--Of the amounts 
                made available under subparagraph (A) for a fiscal 
                year, the Administrator may use not more than 
                $2,000,000 to provide grants to States for purposes 
                authorized under section 128(a), subject to the 
                condition that each State that receives a grant under 
                this subparagraph shall have used at least 50 percent 
                of the amounts made available to that State in the 
                previous fiscal year to carry out assessment and 
                remediation activities under section 
                128(a).''.</DELETED>

<DELETED>SEC. 11. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) Brownfields Revitalization Funding.--Paragraph (15)(A) 
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 3(1)) is amended by striking ``2006'' and 
inserting ``2020''.</DELETED>
<DELETED>    (b) 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 by striking ``2006'' and 
inserting ``2020''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Brownfields Utilization, Investment, 
and Local Development Act of 2017'' or the ``BUILD Act''.

SEC. 2. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS.

    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 ``or'' after the 
        semicolon;
            (2) in subparagraph (H), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
                    ``(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 that Code;
                    ``(J) a limited liability corporation in which all 
                managing members are organizations described in 
                subparagraph (I) or limited liability corporations 
                whose sole members are organizations described in 
                subparagraph (I);
                    ``(K) a limited partnership in which all general 
                partners are organizations described in subparagraph 
                (I) or limited liability corporations whose sole 
                members are organizations described in subparagraph 
                (I); or
                    ``(L) a qualified community development entity (as 
                defined in section 45D(c)(1) of the Internal Revenue 
                Code of 1986).''.

SEC. 3. MULTIPURPOSE BROWNFIELDS GRANTS.

    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 (9) and (10) 
        through (12) as paragraphs (5) through (10) and (13) through 
        (15), respectively;
            (2) in paragraph (3)(A), in the matter preceding clause 
        (i), by striking ``subject to paragraphs (4) and (5)'' and 
        inserting ``subject to paragraphs (5) and (6)''; and
            (3) by inserting after paragraph (3) the following:
            ``(4) Multipurpose brownfields grants.--
                    ``(A) In general.--Subject to subparagraph (D) and 
                paragraphs (5) and (6), the Administrator shall 
                establish a program to provide multipurpose grants to 
                an eligible entity based on the considerations under 
                paragraph (3)(C), to carry out inventory, 
                characterization, assessment, planning, or remediation 
                activities at 1 or more brownfield sites in a proposed 
                area.
                    ``(B) Grant amounts.--
                            ``(i) Individual grant amounts.--Each grant 
                        awarded under this paragraph shall not exceed 
                        $950,000.
                            ``(ii) Cumulative grant amounts.--The total 
                        amount of grants awarded for each fiscal year 
                        under this paragraph shall not exceed 15 
                        percent of the funds made available for the 
                        fiscal year to carry out this subsection.
                    ``(C) Criteria.--In awarding a grant under this 
                paragraph, the Administrator shall consider the extent 
                to which an eligible entity is able--
                            ``(i) to provide an overall plan for 
                        revitalization of the 1 or more brownfield 
                        sites in the proposed area in which the 
                        multipurpose grant will be used;
                            ``(ii) to demonstrate a capacity to conduct 
                        the range of eligible activities that will be 
                        funded by the multipurpose grant; and
                            ``(iii) to demonstrate that a multipurpose 
                        grant will meet the needs of the 1 or more 
                        brownfield sites in the proposed area.
                    ``(D) Condition.--As a condition of receiving a 
                grant under this paragraph, each eligible entity shall 
                expend the full amount of the grant not later than the 
                date that is 3 years after the date on which the grant 
                is awarded to the eligible entity unless the 
                Administrator, in the discretion of the Administrator, 
                provides an extension.''.

SEC. 4. TREATMENT OF CERTAIN PUBLICLY OWNED BROWNFIELD SITES.

    Section 104(k)(2) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(2)) is 
amended by adding at the end the following:
                    ``(C) Exemption for certain publicly owned 
                brownfield sites.--Notwithstanding any other provision 
                of law, an eligible entity that is a governmental 
                entity may receive a grant under this paragraph for 
                property acquired by that governmental entity prior to 
                January 11, 2002, even if the governmental entity does 
                not qualify as a bona fide prospective purchaser (as 
                that term is defined in section 101(40)), so long as 
                the eligible entity has not caused or contributed to a 
                release or threatened release of a hazardous substance 
                at the property.''.

SEC. 5. INCREASED FUNDING FOR REMEDIATION GRANTS.

    Section 104(k)(3)(A)(ii) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9604(k)(3)(A)(ii)) is amended by striking ``$200,000 for each site to 
be remediated'' and inserting ``$500,000 for each site to be 
remediated, which limit may be waived by the Administrator, but not to 
exceed a total of $650,000 for each site, based on the anticipated 
level of contamination, size, or ownership status of the site''.

SEC. 6. ALLOWING ADMINISTRATIVE COSTS FOR GRANT RECIPIENTS.

    Paragraph (5) 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 3(1)) is amended--
            (1) in subparagraph (B)--
                    (A) in clause (i)--
                            (i) by striking subclause (III); and
                            (ii) by redesignating subclauses (IV) and 
                        (V) as subclauses (III) and (IV), respectively;
                    (B) by striking clause (ii);
                    (C) by redesignating clause (iii) as clause (ii); 
                and
                    (D) in clause (ii) (as redesignated by subparagraph 
                (C)), by striking ``Notwithstanding clause (i)(IV)'' 
                and inserting ``Notwithstanding clause (i)(III)''; and
            (2) by adding at the end the following:
                    ``(E) Administrative costs.--
                            ``(i) In general.--An eligible entity may 
                        use up to 8 percent of the amounts made 
                        available under a grant or loan under this 
                        subsection for administrative costs.
                            ``(ii) Restriction.--For purposes of clause 
                        (i), the term `administrative costs' does not 
                        include--
                                    ``(I) investigation and 
                                identification of the extent of 
                                contamination;
                                    ``(II) design and performance of a 
                                response action; or
                                    ``(III) monitoring of a natural 
                                resource.''.

SEC. 7. SMALL COMMUNITY TECHNICAL ASSISTANCE GRANTS.

    Paragraph (7)(A) 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 3(1)) is amended--
            (1) by striking ``The Administrator may provide,'' and 
        inserting the following:
                            ``(i) Definitions.--In this subparagraph:
                                    ``(I) Disadvantaged area.--The term 
                                `disadvantaged area' means an area with 
                                an annual median household income that 
                                is less than 80 percent of the 
                                statewide annual median household 
                                income, as determined by the latest 
                                available decennial census.
                                    ``(II) Small community.--The term 
                                `small community' means a community 
                                with a population of not more than 
                                15,000 individuals, as determined by 
                                the latest available decennial census.
                            ``(ii) Establishment of program.--The 
                        Administrator shall establish a program to 
                        provide grants that provide,''; and
            (2) by adding at the end the following:
                            ``(iii) Small or disadvantaged community 
                        recipients.--
                                    ``(I) In general.--Subject to 
                                subclause (II), in carrying out the 
                                program under clause (ii), the 
                                Administrator shall use not more than 
                                $600,000 of the amounts made available 
                                to carry out this paragraph to provide 
                                grants to States that receive amounts 
                                under section 128(a) to assist small 
                                communities, Indian tribes, rural 
                                areas, or disadvantaged areas in 
                                achieving the purposes described in 
                                clause (ii).
                                    ``(II) Limitation.--Each grant 
                                awarded under subclause (I) shall be 
                                not more than $7,500.''.

SEC. 8. WATERFRONT BROWNFIELDS GRANTS.

    Section 104(k) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended 
by inserting after paragraph (10) (as redesignated by section 3(1)) the 
following:
            ``(11) Waterfront brownfield sites.--
                    ``(A) Definition of waterfront brownfield site.--In 
                this paragraph, the term `waterfront brownfield site' 
                means a brownfield site that is adjacent to a body of 
                water or a federally designated floodplain.
                    ``(B) Requirements.--In providing grants under this 
                subsection, the Administrator shall--
                            ``(i) take into consideration whether the 
                        brownfield site to be served by the grant is a 
                        waterfront brownfield site; and
                            ``(ii) give consideration to waterfront 
                        brownfield sites.''.

SEC. 9. CLEAN ENERGY BROWNFIELDS GRANTS.

    Section 104(k) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as amended 
by section 8) is amended by inserting after paragraph (11) the 
following:
            ``(12) Clean energy projects at brownfield sites.--
                    ``(A) Definition of clean energy project.--In this 
                paragraph, the term `clean energy project' means--
                            ``(i) a facility that generates renewable 
                        electricity from wind, solar, or geothermal 
                        energy; and
                            ``(ii) any energy efficiency improvement 
                        project at a facility, including combined heat 
                        and power and district energy.
                    ``(B) Establishment.--The Administrator shall 
                establish a program to provide grants--
                            ``(i) to eligible entities to carry out 
                        inventory, characterization, assessment, 
                        planning, feasibility analysis, design, or 
                        remediation activities to locate a clean energy 
                        project at 1 or more brownfield sites; and
                            ``(ii) to capitalize a revolving loan fund 
                        for the purposes described in clause (i).
                    ``(C) Maximum amount.--A grant under this paragraph 
                shall not exceed $500,000.''.

SEC. 10. TARGETED FUNDING FOR STATES.

    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 3(1)) is amended by adding at the end the 
following:
                    ``(C) Targeted funding.--Of the amounts made 
                available under subparagraph (A) for a fiscal year, the 
                Administrator may use not more than $2,000,000 to 
                provide grants to States for purposes authorized under 
                section 128(a), subject to the condition that each 
                State that receives a grant under this subparagraph 
                shall have used at least 50 percent of the amounts made 
                available to that State in the previous fiscal year to 
                carry out assessment and remediation activities under 
                section 128(a).''.

SEC. 11. CLARIFICATION OF OWNER OR OPERATOR.

    (a) Acquisition by State or Local Government as Sovereign.--
            (1) Owner or operator.--Section 101(20) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601(20)) is amended--
                    (A) in subparagraph (A), in the first sentence, by 
                striking ``due to bankruptcy'' and all that follows 
                through ``local government,'' and inserting ``to a unit 
                of State or local government through seizure or 
                otherwise in connection with law enforcement activity; 
                through bankruptcy, tax delinquency, abandonment, or 
                escheat; through any other involuntary transfer or 
                acquisition; through the exercise of eminent domain 
                authority by purchase or condemnation; or through other 
                circumstances in which the unit of State or local 
                government acquires title by virtue of its function as 
                a sovereign,'';
                    (B) in subparagraph (C), by striking ``section 
                107(a)(3) or (4)'' and inserting ``paragraph (3) or (4) 
                of section 107(a),''; and
                    (C) in subparagraph (D), in the first sentence, by 
                striking ``which acquired'' and all that follows 
                through ``by virtue'' and inserting ``that acquired 
                ownership or control through seizure or otherwise in 
                connection with law enforcement activity; through 
                bankruptcy, tax delinquency, abandonment, or escheat; 
                through any other involuntary transfer or acquisition; 
                through the exercise of eminent domain authority by 
                purchase or condemnation; or through other 
                circumstances in which the government acquires title by 
                virtue''.
            (2) Contractual relationship.--Section 101(35)(A) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601(35)(A)) is amended--
                    (A) in the matter preceding clause (i), by striking 
                ``clause (i), (ii), or (iii)'' and inserting ``clause 
                (i) or (ii)'';
                    (B) by striking clause (ii); and
                    (C) by redesignating clause (iii) as clause (ii).
    (b) Alaska Native Village and Native Corporation Relief.--Section 
101(20) of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601(20)) is amended--
            (1) by redesignating subparagraphs (E) through (G) as 
        subparagraphs (F) through (H), respectively, and indenting 
        appropriately;
            (2) by inserting after subparagraph (D) the following:
                    ``(E) Exclusion of certain alaska native villages 
                and native corporations.--
                            ``(i) In general.--The term `owner or 
                        operator' does not include--
                                    ``(I) a Native village or Native 
                                Corporation (as those terms are defined 
                                in section 3 of the Alaska Native 
                                Claims Settlement Act (43 U.S.C. 1602)) 
                                that received a contaminated facility 
                                from the United States Government under 
                                that Act (43 U.S.C. 1601 et seq.); or
                                    ``(II) a successor in interest to a 
                                contaminated facility referred to in 
                                subclause (I) that was conveyed to the 
                                successor in interest under section 
                                14(c) of that Act (43 U.S.C. 1613(c)).
                            ``(ii) Applicability.--Clause (i) does not 
                        apply to any Native village, Native 
                        Corporation, or successor in interest that has 
                        caused or contributed to the release or 
                        threatened release of a hazardous substance 
                        from a contaminated facility referred to in 
                        that clause.
                            ``(iii) Liability.--Any Native village, 
                        Native Corporation, or successor in interest 
                        that causes or contributes to the release or 
                        threatened release of a hazardous substance 
                        from a contaminated facility referred to in 
                        clause (i) shall be subject to the provisions 
                        of this Act in the same manner and to the same 
                        extent, procedurally and substantively, as any 
                        nongovernmental entity, including liability 
                        under section 107.'';
            (3) in subparagraph (G) (as so redesignated), in the matter 
        preceding clause (i), by striking ``subparagraph (E)'' and 
        inserting ``subparagraph (F)''; and
            (4) in clause (i)(II) of subparagraph (H) (as so 
        redesignated), by striking ``1813)'' and inserting ``1813))''.
    (c) Prospective Purchasers and Lessees.--
            (1) Bona fide prospective purchaser.--Section 101(40) of 
        the Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601(40)) is amended--
                    (A) in subparagraph (B)--
                            (i) by redesignating clauses (i) through 
                        (iii) as subclauses (I) through (III), 
                        respectively, and indenting appropriately;
                            (ii) in subclause (I) (as so redesignated), 
                        by striking ``clauses (ii) and (iii)'' and 
                        inserting ``subclauses (II) and (III)'';
                            (iii) in subclause (II) (as so 
                        redesignated), by striking ``subparagraph'' and 
                        inserting ``clause''; and
                            (iv) in subclause (III) (as so 
                        redesignated), by striking ``subparagraph'' and 
                        inserting ``clause'';
                    (B) in subparagraph (D), by redesignating clauses 
                (i) through (iii) as subclauses (I) through (III), 
                respectively, and indenting appropriately;
                    (C) in subparagraph (F), by redesignating clauses 
                (i) and (ii) as subclauses (I) and (II), respectively, 
                and indenting appropriately;
                    (D) in subparagraph (H)--
                            (i) in clause (i)--
                                    (I) in subclause (II), by inserting 
                                ``, by a tenancy, by the instruments by 
                                which a leasehold interest in the 
                                facility is created,'' after 
                                ``financed''; and
                                    (II) by redesignating subclauses 
                                (I) and (II) as items (aa) and (bb), 
                                respectively, and indenting 
                                appropriately; and
                            (ii) by redesignating clauses (i) and (ii) 
                        as subclauses (I) and (II), respectively, and 
                        indenting appropriately;
                    (E) by redesignating subparagraphs (B) through (H) 
                as clauses (ii) through (viii), respectively, and 
                indenting appropriately;
                    (F) by striking the paragraph designation and 
                heading and all that follows through ``All disposal 
                of'' in subparagraph (A) and inserting the following:
            ``(40) Bona fide prospective purchaser.--
                    ``(A) In general.--The term `bona fide prospective 
                purchaser' means--
                            ``(i) a person that--
                                    ``(I) after January 11, 2002, 
                                acquires ownership of a facility; and
                                    ``(II) establishes by a 
                                preponderance of the evidence each of 
                                the criteria described in clauses (i) 
                                through (viii) of subparagraph (B);
                            ``(ii) a tenant of a person described in 
                        clause (i);
                            ``(iii) a tenant of a person that--
                                    ``(I) formerly met the criteria 
                                described in clause (i) but no longer 
                                meets that criteria due to a factor 
                                unrelated to any action of the tenant; 
                                and
                                    ``(II) establishes by a 
                                preponderance of the evidence each of 
                                the criteria described in clauses (i), 
                                (iii), (iv), (v), (vi), (vii), and 
                                (viii) of subparagraph (B); and
                            ``(iv) a person that--
                                    ``(I) holds a leasehold interest in 
                                a facility; and
                                    ``(II) establishes by a 
                                preponderance of the evidence each of 
                                the criteria described in clauses (i) 
                                through (viii) of subparagraph (B).
                    ``(B) Criteria.--The criteria described in this 
                subparagraph are as follows:
                            ``(i) Disposal prior to acquisition.--All 
                        disposal of''; and
                    (G) by adding at the end the following:
                    ``(C) Special rule.--With respect to a facility, in 
                any case in which the ownership or operational control 
                held by a person is established by a tenancy or lease, 
                the person shall be considered to be a bona fide 
                prospective purchaser only if the person establishes by 
                a preponderance of the evidence that the tenancy or 
                lease is not designed to avoid liability under this Act 
                by any person that--
                            ``(i) does not meet the criteria applicable 
                        to that person under subparagraph (B); or
                            ``(ii) is liable under paragraph (3) or (4) 
                        of section 107(a).''.
            (2) Limitation on liability.--Section 107(r)(1) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9607(r)(1)) is amended by 
        striking ``purchaser's'' and inserting ``bona fide prospective 
        purchaser''.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    (a) Brownfields Revitalization Funding.--Paragraph (15)(A) 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 3(1)) is amended by striking ``2006'' and 
inserting ``2020''.
    (b) 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 by striking ``2006'' and 
inserting ``2020''.
                                                       Calendar No. 213

115th CONGRESS

  1st Session

                                 S. 822

                          [Report No. 115-148]

_______________________________________________________________________

                                 A BILL

 To amend the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 to modify provisions relating to grants, and for 
                            other purposes.

_______________________________________________________________________

                           September 7, 2017

                       Reported with an amendment