[Congressional Record Volume 141, Number 129 (Friday, August 4, 1995)]
[Extensions of Remarks]
[Page E1625]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



               E X T E N S I O N S   O F   R E M A R K S


[[Page E 1625]]


                   BROWNFIELDS LEGISLATION INTRODUCED

                                 ______


                           HON. SHERROD BROWN

                                of ohio

                    in the house of representatives

                        Thursday, August 3, 1995
  Mr. BROWN of Ohio. Mr. Speaker, today, I am introducing legislation 
along with my colleagues Mr. Dingell of Michigan, Mr. Gephardt of 
Missouri, Mr. Borski and Mr. Klink of Pennsylvania, Mr. Rush of 
Illinois, Mr. Stokes of Ohio, and Mr. Manton and Mr. Towns of New York, 
to address the dire need for the development of so-called Brownfields.
  Those of us who have seen industries come and go in our congressional 
districts know the problems resulting from land that had been used for 
industrial purposes which is now abandoned--left barren and often 
contaminated--with no hope of productive use. Our legislation will 
address this problem in four important ways.
  First, the bill would establish a grant program for local communities 
to use to determine the extent of the contamination of the property. 
While many sites could be re-developed with a minimal investment, local 
communities cannot be sure of this until the assessment is done. This 
bill offers these communities an opportunity to assess the situation so 
that prompt action can be taken to clean up the site.
  Second, this legislation would establish a revolving loan fund for 
local governments to fund the actual clean-up actions. Mr. Speaker, we 
know it is essential that we be fiscally responsible in the development 
of new Federal programs. For this reason, we established a loan program 
for the local governments to assist them in getting the land to a place 
where it will begin to produce revenue. But we require the loan to be 
repaid over 10 years--a time frame which allows them the opportunity to 
begin to recoup their investment.
  Third, the bill would protect the purchaser of such properties as 
long as the purchaser does due diligence to find the problem and 
cooperate with the clean-up response. Under the current Superfund law, 
purchasers could be liable for clean-up even if they did not own the 
land when it was polluted. This provision should help attract new 
purchasers to these lands and encourage the voluntary clean-up of 
sites.
  Fourth, and finally, the bill would protect the lending institutions 
from becoming the deep-pockets at sites where their participation was 
limited to the lending of money. Unfortunately, the current laws has 
allowed innocent lenders to be held liable for the clean-up of 
properties for which they provided the financial backing and nothing 
more. It is contrary to the intent of the Superfund Program to 
discourage voluntary clean-up actions such as those that would be 
backed by financial institutions. Yet, that is the result of the 
current law. Institutions are afraid to lend the financial backing when 
they could be held liable for millions in clean-up costs.
  Mr. Speaker, I believe our legislation will provide a boost in the 
arm to local communities across this nation which are struggling to re-
create productive properties. It will revive local economies, reduce 
threats to public health and improve the environment. I hope my 
colleagues will offer their support by cosponsoring this bill.


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