[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2959 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 214
118th CONGRESS
  1st Session
                                S. 2959

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 27 (legislative day, September 22), 2023

    Mr. Carper, from the Committee on Environment and Public Works, 
 reported the following original bill; which was read twice and placed 
                            on the calendar

_______________________________________________________________________

                                 A BILL


 
 To amend the Comprehensive Environmental Response, Compensation, and 
    Liability Act of 1980 to reauthorize brownfields revitalization 
                    funding, 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 
2023''.

SEC. 2. IMPROVING SMALL AND DISADVANTAGED COMMUNITY ACCESS TO GRANT 
              OPPORTUNITIES.

    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 (1)(I), by inserting ``or 501(c)(6)'' 
        after ``section 501(c)(3)'';
            (2) in paragraph (5), by striking subparagraph (E);
            (3) in paragraph (6)(C), by striking clause (ix) and 
        inserting the following:
                            ``(ix) The extent to which the applicant 
                        has a plan--
                                    ``(I) to engage a diverse set of 
                                local groups and organizations that 
                                effectively represent the views of the 
                                local community that will be directly 
                                affected by the proposed brownfield 
                                project; and
                                    ``(II) to meaningfully involve the 
                                local community described in subclause 
                                (I) in making decisions relating to the 
                                proposed brownfield project.'';
            (4) in paragraph (10)(B)(iii)--
                    (A) by striking ``20 percent'' and inserting ``10 
                percent'';
                    (B) by inserting ``the eligible entity is located 
                in a small community or disadvantaged area (as those 
                terms are defined in section 128(a)(1)(B)(iv)) or'' 
                after ``unless''; and
                    (C) by inserting ``, in which case the 
                Administrator shall waive the matching share 
                requirement under this clause'' before ``; and''; and
            (5) in paragraph (13), by striking ``2019 through 2023'' 
        and inserting ``2024 through 2029''.

SEC. 3. INCREASING GRANT AMOUNTS.

    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 ``$500,000'' and all that 
follows through the period at the end and inserting ``$1,000,000 for 
each site to be remediated.''.

SEC. 4. STATE RESPONSE PROGRAMS.

    Section 128(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)) is 
amended--
            (1) in paragraph (1)(B)(i), by striking ``or enhance'' and 
        inserting ``, enhance, or implement''; and
            (2) by striking paragraph (3) and inserting the following:
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
                    ``(A) $50,000,000 for fiscal year 2024;
                    ``(B) $55,000,000 for fiscal year 2025;
                    ``(C) $60,000,000 for fiscal year 2026;
                    ``(D) $65,000,000 for fiscal year 2027;
                    ``(E) $70,000,000 for fiscal year 2028; and
                    ``(F) $75,000,000 for fiscal year 2029.''.

SEC. 5. REPORT TO IDENTIFY OPPORTUNITIES TO STREAMLINE APPLICATION 
              PROCESS; UPDATING GUIDANCE.

    (a) Report.--Not later than 1 year after the date of enactment of 
this Act, the Administrator of the Environmental Protection Agency 
(referred to in this section as the ``Administrator'') shall submit to 
Congress a report that evaluates the application ranking criteria and 
approval process for grants and loans under section 104(k) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9604(k)), which shall include, with respect to those 
grants and loans--
            (1) an evaluation of the shortcomings in the existing 
        application requirements that are a recurring source of 
        confusion for potential recipients of those grants or loans;
            (2) an identification of the most common sources of point 
        deductions on application reviews;
            (3) strategies to incentivize the submission of 
        applications from small communities and disadvantaged areas (as 
        those terms are defined in section 128(a)(1)(B)(iv) of that Act 
        (42 U.S.C. 9628(a)(1)(B)(iv)); and
            (4) recommendations, if any, to Congress on suggested 
        legislative changes to the ranking criteria that would achieve 
        the goal of streamlining the application process for small 
        communities and disadvantaged areas (as so defined).
    (b) Updating Guidance.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall update the guidance 
relating to the application ranking criteria and approval process for 
grants and loans under section 104(k) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(k)) to reduce the complexity of the application process 
while ensuring competitive integrity.

SEC. 6. BROWNFIELD REVITALIZATION FUNDING FOR ALASKA NATIVE TRIBES.

    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 ``other than in 
        Alaska''; and
            (2) by striking subparagraph (H) and inserting the 
        following:
                    ``(H) a Regional Corporation or a Village 
                Corporation (as those terms are defined in section 3 of 
                the Alaska Native Claims Settlement Act (43 U.S.C. 
                1602));''.
                                                       Calendar No. 214

118th CONGRESS

  1st Session

                                S. 2959

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

           September 27 (legislative day, September 22), 2023

                 Read twice and placed on the calendar