[Senate Hearing 118-413]
[From the U.S. Government Publishing Office]
S. Hrg. 118-413
BUSINESS MEETING
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MEETING
of the
COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
ONE HUNDRED EIGHTEENTH CONGRESS
FIRST SESSION
__________
SEPTEMBER 27, 2023
__________
Printed for the use of the Committee on Environment and Public Works
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Available via the World Wide Web: http://www.govinfo.gov
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U.S. GOVERNMENT PUBLISHING OFFICE
56-773 WASHINGTON : 2025
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
ONE HUNDRED EIGHTEENTH CONGRESS
FIRST SESSION
THOMAS R. CARPER, Delaware, Chairman
SHELLEY MOORE CAPITO, West Virginia, Ranking Member
BENJAMIN L. CARDIN, Maryland KEVIN CRAMER, North Dakota
BERNARD SANDERS, Vermont CYNTHIA M. LUMMIS, Wyoming
SHELDON WHITEHOUSE, Rhode Island MARKWAYNE MULLIN, Oklahoma
JEFF MERKLEY, Oregon PETE RICKETTS, Nebraska
EDWARD J. MARKEY, Massachusetts JOHN BOOZMAN, Arkansas
DEBBIE STABENOW, Michigan ROGER WICKER, Mississippi
MARK KELLY, Arizona DAN SULLIVAN, Alaska
ALEX PADILLA, California LINDSEY O. GRAHAM, South Carolina
JOHN FETTERMAN, Pennsylvania
Courtney Taylor, Democratic Staff Director
Adam Tomlinson, Republican Staff Director
C O N T E N T S
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Page
SEPTEMBER 27, 2023
OPENING STATEMENTS
Carper, Hon. Thomas R., U.S. Senator from the State of Delaware.. 1
Capito, Hon. Shelley Moore, U.S. Senator from the State of
Virginia....................................................... 2
LEGISLATION
The Sullivan Amendment to allow Indian Tribes in Alaska to be
eligible for the Brownfields Revitalization Funding............ 4
The text of S. 654 to amend the Water Infrastructure Improvements
for the Nation Act to reauthorize Delaware River Basin
conservation programs, and for other purposes.................. 8
S. __, to amend the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 to reauthorize
Brownsfield Revitalization Funding, and for other purposes..... 11
S. __, to amend the Coastal Barrier Resources Act to make
improvements to that Act, and for other purposes............... 17
BUSINESS MEETING
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WEDNESDAY, SEPTEMBER 27, 2023
U.S. Senate,
Committee on Environment and Public Works,
Washington, DC.
The committee met, pursuant to notice, at 9:49 a.m. in room
406, Dirksen Senate Office Building, Hon. Thomas R. Carper
(chairman of the committee) presiding.
Present: Senators Carper, Capito, Whitehouse, Markey,
Kelly, Padilla, Boozman, Wicker, Mullin, Ricketts.
OPENING STATEMENT OF HON. THOMAS R. CARPER,
U.S. SENATOR FROM THE STATE OF DELAWARE
Senator Carper. Good morning, everyone. I want to call this
business meeting to order. Thank you all for joining us.
Today, we are going to be voting on three important pieces
of legislation: the Brownfields Reauthorization Act of 2023,
the Strengthening Coastal Communities Act of 2023, and the
Delaware River Basin Conservation Act of 2023.
Before we do that, I want to take a moment to briefly
discuss each of these bills and recognize Senator Capito for
any comments she would like to make.
The first bill we are going to consider today is a very
successful Brownfields program under the Comprehensive
Environmental Response, Compensation, and Liability Act,
affectionately known as Superfund. Since it began in 1995, the
EPA Brownfields Program has helped communities across our
Nation cleanup contaminated lands.
This program has been a remarkable success, breathing new
life into distressed areas. In fact, just yesterday, EPA made
$235 million in grants available to assess and cleanup polluted
Brownfield sites across our Country, thanks to funding from the
Bipartisan Infrastructure Law.
The Brownfields Reauthorization Act, which Senator Capito
and I, along with our staff, have authored together, would
reauthorize the program through 2029 and increase the funding
for formula grants to States, to territories, and tribes. In
addition, we made several additional changes to make the
program more accessible to small, disadvantaged, and
underserved communities.
Next, we are going to consider the Strengthening Coastal
Communities Act of 2023, which would codify new and updated
maps under the Coastal Barrier Resources Act. This legislation
will also help the U.S. Fish and Wildlife Service modernize its
implementation of the Coastal Barrier Resources Act.
Since its enactment in 1982, spearheaded by my friend and
predecessor in the U.S. House of Representatives, Congressman
Tom Evans, the Coastal Barrier Resources Act has saved
billions, that is billions, with a b, billions of taxpayer
dollars and conserves sensitive habitat for humanity. It is a
true win-win situation. I want to salute former Congressman
Evans for his leadership all those years ago and thank Senator
Graham for partnering with me on this important legislation.
Finally, we are going to vote on the Delaware River Basin
Conservation Reauthorization Act of 2023, which would
reauthorize a successful, nonregulatory grant program that
supports restoration activities in the Delaware River
watershed. In addition to providing habitat for countless
wildlife species, the Delaware River basin supplies water to
more than 14 million people, including in major cities like
Philadelphia, New York City, and Wilmington, Delaware. I want
to thank Senator Capito and her staff for her support in
advancing this legislation.
With that, let me recognize our Ranking Member, Senator
Capito, for any comments she would like to make. Senator
Capito.
OPENING STATEMENT OF HON. SHELLEY MOORE CAPITO,
U.S. SENATOR FROM THE STATE OF WEST VIRGINIA
Senator Capito. Thank you, Mr. Chairman, and I think we are
awaiting the arrival of two more of our members before our
votes. Is that correct?
Senator Carper. How many do we have? We need two more. We
need 10 to start.
Senator Capito. Two more. I will cease talking when the two
more walk into the room.
Senator Carper. Fair enough.
Senator Capito. Anyway, thank you for calling this business
meeting today. I am pleased to have the reauthorization of the
Brownfields. It is important for my area, and I know for yours,
as well.
Senator Carper. Down to one.
Senator Capito. We are down to one, Okay. If I keep
talking, they will come right in.
Thank you for being a great partner, again, and this time
on bipartisan legislation to reauthorize Brownfields. You have
described it; it is a valuable financing tool for local
communities and private investors, facilitating economic
development. It has been used very well in West Virginia. We
have some new projects coming in on our old Brownfields
projects.
Since being authorized in 2002, it has become a resounding
success story. The program has been, as I mentioned, a big
benefit to West Virginia, $41 million being awarded to our
State since 2005. Those have leveraged $1.6 billion in public
and private investment, creating 5,400 jobs. That is
significant.
This committee stakeholder testimony detailing the aspects
of the program, including George Carico, who is Director of the
West Virginia Regional Brownfields Assistance Center at
Marshall University, highlighted rigorous and complex
applications, procedures that were sowing confusion. I think we
heard that consistently. Rural communities often cannot afford
grant writers and are unable to compete with their large, urban
counterparts.
Because this Brownfields bill is so great and because
Senator Cardin just came into the room, I want to take 1 second
to thank my staff, Member Jake Kennedy and your staff member,
Brian Eiler, for their hard work on Brownfields. The other two
bills are just as great, and so let us get on with our
business. Thank you.
Senator Carper. Senator Capito, thank you.
Welcome, everybody. I see that we have a voting quorum
present, so let us begin.
First, I call up the Brownfields Reauthorization Act of
2023. Does any Senator wish to offer amendment to this
legislation?
Senator Sullivan has an amendment that he was going to
offer, in fact, two that I think he was going to offer. We were
going to vote on the first, not the second. In his absence, I
am going to call up the first amendment, nonetheless, and say
that I am pleased to support Senator Sullivan's amendment
number 1, which will ensure that Alaska Native Tribes have
access to the Brownfields Program.
[The text of the referenced amendment follows:]
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Senator Carper. Senator Capito, any comment?
Senator Capito. I second that. I certainly am in agreement
on that amendment for Senator Sullivan.
Senator Carper. I now move that the committee adopt
Sullivan Amendment Number 1. Is there a second?
Senator Capito. Second.
Senator Carper. Yes. All in favor, say aye.
[Chorus of ayes.]
Senator Carper. Opposed, say nay.
[No audible response.]
Senator Carper. The ayes have it. In the opinion of the
Chair, the ayes have it. The amendment is adopted.
Senator Sullivan had another amendment that we are going to
continue to work on before we take the bill to the floor, so we
look forward to doing that with him and his staff.
Does any other Senator wish to offer another amendment to
this legislation? Any others? Okay.
As we have no further amendments, I move that the committee
favorably report the Brownfields Reauthorization Act of 2023.
Is there a second?
Senator Capito. Second.
Senator Carper. Moved and seconded. All in favor, say aye.
[Chorus of ayes.]
Senator Carper. All opposed, say nay.
[No audible response.]
Senator Carper. The ayes have it.
We will now consider the Strengthening Coastal Communities
Act of 2023. No Senator filed amendments to this legislation.
We will report it by voice vote.
I move that the committee favorably report the
Strengthening Coastal Communities Act of 2023. Is there a
second?
Senator Capito. Second.
Senator Carper. All in favor, say aye.
[Chorus of ayes.]
Senator Carper. All opposed, say nay.
[No audible response.]
Senator Carper. The ayes have it. In the opinion of the
Chair, the ayes have it. The legislation is favorably reported.
I note for the record that a quorum of the committee is
present.
Next, I call up S. 654, The Delaware River Basin
Conservation Act of 2023. No Senators have filed amendments to
this legislation. We will report it by voice vote.
I move that the committee favorably report S. 654, the
Delaware River Basin Conservation Act of 2023. Is there a
second?
Senator Capito. Second.
Senator Carper. It has been moved and seconded. All in
favor, say aye.
[Chorus of ayes.]
Senator Carper. All opposed, say nay.
[No audible response.]
Senator Carper. The ayes have it. I note for the record
that a quorum of the committee is present.
That concludes the committee's votes as part of today's
business meeting. I thank everyone for their participation. I
especially thank our Ranking Member.
I will recognize any member who would like to speak on any
of the matters that are before us that we have voted on. Thank
you. Senator Capito, thank you. Anything else you want to say?
Senator Capito. No, I am ready to move to the hearing.
Senator Carper. All right.
Senator Sullivan. Mr. Chairman, may I just say thank you to
my colleagues for moving forward?
Senator Carper. Sure, take another minute.
Senator Sullivan. Those amendments, it is an issue that I
have raised here many times, and you, actually, the Chairman
has been a great supporter of some of the issues of
contaminated Alaska Native lands they received as part of the
Alaska Native Claims Settlement Act from the Federal
Government, and then ended up, the lands were contaminated.
We have been trying to deal with that in this committee in
a bipartisan way for a number of years. I appreciate my
colleagues' bipartisan support on my amendment number 1 that
just passed by more than one vote, I am told. I am glad.
[Laughter.]
Senator Carper. It was a landslide.
Senator Sullivan. I am glad that happened. We will continue
to work together.
Senator Capito. I think your amendments do better when you
are not in the room.
[Laughter.]
Senator Sullivan. Yes, maybe. I am trying to dive into the
implications of that statement from the Ranking Member, but I
do not think they are good for me. Whatever.
Senator Cardin. We are going to move to reconsider.
[Laughter.]
Senator Sullivan. I am not, and I know a good lawyer would
normally just say, shut up, you won your amendment. We did have
the EPA Administrator in Alaska in August, with whom we held a
round table with a lot of our Native leaders on these topics,
so this is important progress. I know the EPA has been
supportive, so we will keep working on it.
To my colleagues here, but Mr. Chairman, in particular, you
and I have worked together on these issues a lot for my
constituents, so I appreciate it, and thank you very much. I am
glad it passed.
Senator Carper. Yes. Our pleasure. You have a second
amendment that we are going to continue to work on, and I think
we will be successful on that one. We will certainly try.
Senator Sullivan. Yes, sir. I know you know the EPA has
come out in favor of that one too, so I think we can get
through it as well. Thanks.
[Whereupon, at 9:56 a.m., the committee proceeded to other
business.]
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