[Congressional Record Volume 149, Number 43 (Tuesday, March 18, 2003)]
[Senate]
[Pages S3891-S3894]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEVIN (for himself, Mr. Jeffords, Ms. Collins, Mr. Reed, 
        Mr. Kennedy, Mr. Leahy, Mrs. Clinton, Mr. Schumer, Mr. 
        Sarbanes, Mr. Baucus, Mr. Lieberman, and Mr. Kerry):
  S. 645. A bill to amend the Public Works and Economic Development Act 
of 1965 to provide assistance to communities for the redevelopment of 
brownfield sites; to the Committee on Banking, Housing, and Urban 
Affairs.
  Mr. LEVIN. Mr. President, I am introducing today along with Senators 
Collins, Jeffords and others the Brownfields Redevelopment Assistance 
Act of 2003. As a resident of Michigan I am familiar with the obstacles 
facing local communities in their attempts to return brownfields sites 
to productive economic uses. As co-chair of the Senate Smart Growth 
Task Force I understand the national economic importance of these 
efforts.
  Brownfields are abandoned, idled or under-used industrial and 
commercial properties where expansion or redevelopment is hindered by 
real or perceived environmental contamination. More than 450,000 of 
these sites taint our nation's landscape, inhibiting economic 
development and posing a threat to human health and the environment. 
Undeveloped, or underdeveloped, brownfields sites blight communities 
forcing development onto greenfields where they exacerbate the problems 
associated with urban sprawl. If brownfields were instead redeveloped 
they could offer new opportunities for business, housing and open 
space.
  Brownfields redevelopment is a fiscally-sound way to bring investment 
back to neglected neighborhoods, clean-up the environment, maximize use 
of existing infrastructure, create jobs and relieve development 
pressure on our urban fringe and farmlands. My

[[Page S3892]]

home state of Michigan is a national leader in brownfields 
redevelopment. For example, the City of Traverse City managed to 
leverage $662,000 of government brownfields funding to turn a former 
gas station and junk yard site into a $20 million private investment in 
a retail, office and parking facility called Radio Center. The City of 
Ludington used brownfields funding to spur the development of a multi-
use retail/office/condominium complex adjacent to a marina. These are 
only two examples of the many successful efforts by local communities 
to leverage Federal, State and local money to harness the resources and 
expertise of the private sector in economic development efforts. The 
Brownfields Redevelopment Assistance Act of 2003 would open up the 
possibilities of redevelopment to numerous other communities 
nationwide.
  The Brownfields Redevelopment Assistance Act expands the Department 
of Commerce's Economic Development Administration, EDA, initiatives to 
assist communities with brownfields redevelopment. The bill authorizes 
$60 million annually for five years for brownfields redevelopment. 
Grant money will be used for purposes including collaborative economic 
development planning, eco-industrial development and revolving loan 
funds. By encouraging development in existing communities the 
brownfields program will strengthen local economies, preserve precious 
resources and make best use of existing infrastructure. This bill for 
the first time would provide specific authority and funding to the EDA 
for these initiatives. The new projects authorized by the bill would 
complement the existing and successful brownfields efforts of the 
Environmental Protection Agency, the Department of Commerce and the 
Department of Housing and Urban Development.
  The U.S. Conference of Mayors estimates that redevelopment of all of 
the brownfields nationwide could generate more than 550,000 additional 
jobs that would benefit our many economically struggling communities. 
Cities and States could see as much as $2.4 billion in new tax 
revenues. The Economic Development Administration has helped distressed 
communities attract investment, create jobs and strengthen their 
economies for the last forty years. This bill will build on EDA's 
success in helping localities improve their infrastructure and help 
them redevelop their brownfields sites. Communities nationwide have 
expressed interest in brownfields redevelopment but lack the financial 
resources necessary to accomplish their goals. This bill is an 
excellent example of how the Federal Government can be supportive of 
local economic development projects. The Brownfield Redevelopment 
Assistance Act of 2003 advances the goals of the smart growth movement 
by helping create healthier communities and strengthens the economy 
through federally supportive, locally driven initiatives.
  Many organizations support these bills, including the American 
Institute of Architects, American Planning Association, American 
Society of Civil Engineers, Enterprise Institute, National Business 
Incubation Association, National Association of Counties, National 
Association of Regional Councils, National League of Cities, US 
Conference of Mayors, National Congress for Community Economic 
Development, Smart Growth America and others. I ask unanimous consent 
to have letters endorsing this bill printed, the Record. I also ask 
unanimous consent that the text of the bill be printed in the Record.
  There being no objection, the bill and additional material was 
ordered to be printed in the Record, as follows:

                                    The Enterprise Foundation,

                                     Columbia, MD, March 17, 2003.
     Hon. Carl Levin,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Levin: The Enterprise Foundation commends you 
     for joining Senator Jeffords in introducing the ``Brownfields 
     Redevelopment Assistance Act.'' Enterprise strongly supports 
     this bill.
       Enterprise is a national nonprofit organization that raises 
     resources and channels them to grassroots groups at the local 
     level for affordable housing, economic development and other 
     community revitalization initiatives in distressed urban and 
     rural neighborhoods nationwide. Central to our mission is 
     generating investment in areas suffering from blight, neglect 
     and disinvestment. Brownfields are prime examples of such 
     areas.
       Enterprise is engaged in several large-scale brownfield 
     redevelopment efforts around the country. Targeted incentives 
     such as your bill provides would enable Enterprise and others 
     in the private sector to convert more brownfields to 
     productive uses.
       By spurring brownfields redevelopment, your bill would 
     direct limited public resources to places that already 
     benefit from existing infrastructure and promote economic 
     investment where it is needed most. The bill epitomizes smart 
     growth and comprehensive community development principles.
       Thank you for your leadership on this important issue.
           Sincerely,

                                         F. Barton Harvey III,

                                             Chairman of the Board
     and Chief Executive Officer.
                                  ____



                                         Smart Growth America,

                                   Washington, DC, March 17, 2003.
     Hon. Carl Levin,
     Russell Senate Office Building,
     Washington, DC.

     Hon. Susan Collins,
     Russell Senate Office Building,
     Washington, DC.

     Hon. Jim Jeffords,
     Hart Senate Office Building,
     Washington, DC.
       Dear Senators Levin, Jeffords and Collins: Smart Growth 
     America would like to thank you for your leadership on the 
     introduction the Brownfields Redevelopment Assistance Act of 
     2003. As advocates of smart growth--growth that revitalizes 
     neighborhoods, supports affordable housing, promotes 
     transportation choice, and preserves open space and 
     farmland--we regard brownfields redevelopment as a top 
     priority.
       With an estimated 450,000 nationwide, brownfields pose a 
     major barrier to reinvestment in many communities. These 
     parcels are not simply gaps, they are an active blight, 
     pulling down surrounding property values and driving 
     development and investment further away from existing 
     infrastructure.
       The Brownfields Redevelopment Assistance Act would supply 
     an additional tool for local communities to return these 
     sites to productive use by providing the Economic Development 
     Administration (EDA) with the authority and dedicated funding 
     to support brownfield redevelopment projects. Specifically, 
     the legislation would authorize the EDA to administer a $60 
     million per year grant program for targeted assistance to 
     projects that redevelop brownfield sites and promote eco-
     industrial development.
       We believe the Brownfields Redevelopment Assistance will 
     assist communities nationwide in encouraging economic 
     development, removing environmental and public health 
     hazards, promoting neighborhood revitalization, and 
     preserving open space. We support your efforts and look 
     forward to working with you to pass this important 
     legislation.
           Sincerely,
                                                         Don Chen,
     Executive Director.
                                  ____

                                             National Congress for


                               Community Economic Development,

                                   Washington, DC, March 17, 2003.
     Hon. Carl Levin,
     U.S. Senate, Russell Building,
     Washington, DC.
       Dear Senator Levin: The National Congress for Community 
     Economic Development thanks you for re-introducing The 
     Brownfields Redevelopment Assistance Act of 2003.
       We support the efforts of HUD, EPA, and the other agencies 
     that are part of the Brownfields National Partnership. Moving 
     these lands into productive reuse, reducing sprawl, and 
     increasing the tax base will help local economies and improve 
     the quality of life.
       As the trade association of America's 3,600 community 
     development corporations, we believe that this bill would 
     help in our efforts to revitalize distressed urban and rural 
     communities.
           Sincerely,
                                                     Carol Wayman,
     Director of Policy.
                                  ____



                             National Association of Counties,

                                   Washington, DC, March 14, 2003.
     Hon. Carl Levin,
     Russell Senate Building,
     Washington, DC.
       Dear Senator Levin: On behalf of the nation's elected 
     county officials, I am writing in support of the Brownfields 
     Redevelopment Assistance Act of 2003. This legislation is 
     important to the redevelopment efforts of brownfields sites 
     in communities.
       The National Association of Counties (NACo) has been 
     longtime supporter of brownfield site revitalization. After 
     restoring abandoned properties to active use, redeveloped 
     properties contribute to a community's overall economic 
     vitality through business attraction, job creation, and the 
     enhancement of the local tax base. Also, NACo is a strong 
     advocate for the work of the Economic Development 
     Administration, and supports additional federal economic 
     development efforts by the agency.
       In particular, NACo appreciates the bill's focus on 
     distressed communities experiencing high levels of 
     unemployment or underemployment, as well as population loss 
     and infrastructure deterioration. Additional federal 
     resources are needed to leverage with local economic 
     development efforts to help alleviate economic distress in 
     many communities across the country.

[[Page S3893]]

       NACo applauds your efforts towards the restoration and 
     redevelopment of brownfields sites, and offers its full 
     support of this important legislation. Please feel free to 
     contact Cassandra Matthews or Julie Ufner, NACo Associate 
     Legislative Directors, at (202) 393-6226, if you need further 
     information or assistance.
       Thank you for your leadership on this matter
           Sincerely,
                                                      Larry Naake,
     Executive Director.
                                  ____

                                                  American Society


                                           of Civil Engineers,

                                   Washington, DC, March 14, 2003.
     Hon. Carl Levin,
     Russell Building,
     Washington, DC.
       Dear Senator Levin: I am writing on behalf of the 130,000 
     members of the American Society of Civil Engineers (ASCE) to 
     let you know of our support for your proposed legislation to 
     expand the brownfields program enacted in 2002 by providing 
     federal assistance for distressed communities under the 
     Public Works and Economic Development Act.
       As you already realize, the restoration of brownfields is 
     important to the environmental and industrial health of this 
     nation through the revitalization of many of our blighted 
     areas. In 1995, the General Accounting Office estimated that 
     there were more than 450,000 brownfield properties across 
     America. In 2000, the U.S. Conference of Mayors calculated 
     that redeveloped brownfields could generate 550,000 
     additional jobs and up to $2.4 billion in new tax revenue for 
     cities nationwide.
       ASCE believes that brownfields restoration, properly 
     carried out, limits urban sprawl thereby achieving a balance 
     between economic development, the rights of individual 
     property owners, the public interest, social wants and a 
     healthy environment. Revitalized brownfields reduce the 
     demand for underdeveloped land. As devastated urban land is 
     returned to productive use, the pressure to develop distant 
     open spaces is lessened, thereby mitigating the undesirable 
     effects of sprawl, and such as traffic congestion, and 
     preserving culturally and ecologically valuable land.
       If ASCE can assist you in any way to enact this important 
     legislation, please do not hesitate to contact Brian Pallasch 
     at (202) 326-5140 or Michael Charles at (202) 326-5126 in our 
     Washington Office.
       Sincerely yours,
                                                Thomas L. Jackson,
     President.
                                  ____



                                    National League of Cities,

                                   Washington, DC, March 18, 2003.
     Hon. Carl Levin,
     U.S. Senate, Russell Senate Office Building, Washington, DC.
       Dear Senator Levin: On behalf of over 18,000 municipalities 
     across the country represented by the National League of 
     Cities, I am writing to express our support for the 
     Brownfield Redevelopment Assistance Act of 2003. The benefits 
     of returning contaminated parcels of land to productive use 
     for commerce and industry are extensive. If environmental 
     conditions are improved, brownfields have the potential to 
     contribute to the economic revitalization of many cities. For 
     this reason, the National League of Cities calls on the 
     federal government to implement a policy that allows these 
     sites to serve a viable economic purpose, while ensuring the 
     public's health is maintained.
       We believe that eco-industrial development, restoring the 
     employment and tax bases, and bringing new investment to 
     distressed communities are necessary and will move forward 
     with the enactment of your brownfields legislation. We 
     support your efforts to provide the Economic Development 
     Administration with funding and tools that will be vital to 
     creating economic redevelopment in economically distressed 
     communities across the nation.
       We look forward to working with you to build bi-partisan 
     support for the Brownfield Redevelopment Act of 2003.
           Very truly yours,
                                                  Donald J. Borut,
     Executive Director.
                                  ____


                                 S. 645

       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 Redevelopment 
     Assistance Act of 2003''.

     SEC. 2. PURPOSES.

       Consistent with section 2 of the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3121), the purposes of 
     this Act are--
       (1) to provide targeted assistance, including planning 
     assistance, for projects that promote--
       (A) the redevelopment, restoration, and economic recovery 
     of brownfield sites; and
       (B) eco-industrial development; and
       (2) through such assistance, to further the goals of 
     restoring the employment and tax bases of, and bringing new 
     income and private investment to, distressed communities that 
     have not participated fully in the economic growth of the 
     United States because of a lack of an adequate private sector 
     tax base to support essential public services and facilities.

     SEC. 3. DEFINITIONS.

       Section 3 of the Public Works and Economic Development Act 
     of 1965 (42 U.S.C. 3122) is amended--
       (1) by redesignating paragraphs (1), (2), and (3) through 
     (10) as paragraphs (2), (3), and (5) through (12), 
     respectively;
       (2) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) Brownfield site.--The term `brownfield site' means a 
     brownfield site (as defined in section 101 of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601)) with respect to which 
     an entity has received, or is eligible to receive, funding 
     under section 104(k) of that Act (42 U.S.C. 9604(k)) for site 
     characterization, assessment, or remediation.'';
       (3) by inserting after paragraph (3) (as redesignated by 
     paragraph (1)) the following:
       ``(4) Eco-industrial development.--The term `eco-industrial 
     development' means development conducted in a manner in which 
     businesses cooperate with each other and the local community 
     to efficiently share resources (such as information, 
     materials, water, energy infrastructure, and natural habitat) 
     with the goals of--
       ``(A) economic gains;
       ``(B) improved environmental quality; and
       ``(C) equitable enhancement of human resources in 
     businesses and local communities.''; and
       (4) by adding at the end the following:
       ``(13) Unused land.--The term `unused land' means any 
     publicly-owned or privately-owned unused, underused, or 
     abandoned land that is not contributing to the quality of 
     life or economic well-being of the community in which the 
     land is located.''.

     SEC. 4. COORDINATION.

       Section 103 of the Public Works and Economic Development 
     Act of 1965 (42 U.S.C. 3132) is amended--
       (1) by inserting ``(a) Comprehensive Economic Development 
     Strategies.--'' before ``The Secretary''; and
       (2) by adding at the end the following:
       ``(b) Brownfield Site Redevelopment.--The Secretary shall 
     coordinate activities relating to the redevelopment of 
     brownfield sites and the promotion of eco-industrial 
     development under this Act with other Federal agencies, 
     States, local governments, consortia of local governments, 
     Indian tribes, nonprofit organizations, and public-private 
     partnerships.''.

     SEC. 5. GRANTS FOR BROWNFIELD SITE REDEVELOPMENT.

       (a) In General.--Title II of the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended--
       (1) by redesignating sections 210 through 213 as sections 
     211 through 214, respectively; and
       (2) by inserting after section 209 the following:

     ``SEC. 210. GRANTS FOR BROWNFIELD SITE REDEVELOPMENT.

       ``(a) In General.--On the application of an eligible 
     recipient, the Secretary may make grants for projects to 
     alleviate or prevent conditions of excessive unemployment, 
     underemployment, blight, and infrastructure deterioration 
     associated with brownfield sites, including projects 
     consisting of--
       ``(1) the development of public facilities;
       ``(2) the development of public services;
       ``(3) business development (including funding of a 
     revolving loan fund);
       ``(4) planning;
       ``(5) technical assistance;
       ``(6) training; and
       ``(7) the purchase of environmental insurance with respect 
     to an activity described in any of paragraphs (1) through 
     (3).
       ``(b) Criteria for Grants.--The Secretary may provide a 
     grant for a project under this section only if--
       ``(1) the Secretary determines that the project will assist 
     the area where the project is or will be located to meet, 
     directly or indirectly, a special need arising from--
       ``(A) a high level of unemployment or underemployment, or a 
     high proportion of low-income households;
       ``(B) the existence of blight and infrastructure 
     deterioration;
       ``(C) dislocations resulting from commercial or industrial 
     restructuring;
       ``(D) outmigration and population loss, as indicated by--
       ``(i)(I) depletion of human capital (including young, 
     skilled, or educated populations);
       ``(II) depletion of financial capital (including firms and 
     investment); or
       ``(III) a shrinking tax base; and
       ``(ii) resulting--

       ``(I) fiscal pressure;
       ``(II) restricted access to markets; and
       ``(III) constrained local development potential; or

       ``(E) the closure or realignment of--
       ``(i) a military or Department of Energy installation; or
       ``(ii) any other Federal facility; and
       ``(2) except in the case of a project consisting of 
     planning or technical assistance--
       ``(A) the Secretary has approved a comprehensive economic 
     development strategy for the area where the project is or 
     will be located; and
       ``(B) the project is consistent with the comprehensive 
     economic development strategy.
       ``(c) Particular Community Assistance.--Assistance under 
     this section may include assistance provided for activities 
     identified by a community, the economy of which is injured by 
     the existence of 1 or more brownfield sites, to assist the 
     community in--

[[Page S3894]]

       ``(1) revitalizing affected areas by--
       ``(A) diversifying the economy of the community; or
       ``(B) carrying out industrial or commercial (including 
     mixed use) redevelopment, or eco-industrial development, 
     projects on brownfield sites;
       ``(2) carrying out development that conserves land by--
       ``(A) reusing existing facilities and infrastructure;
       ``(B) reclaiming unused land and abandoned buildings; or
       ``(C) promoting eco-industrial development, and 
     environmentally responsible development, of brownfield sites; 
     or
       ``(3) carrying out a collaborative economic development 
     planning process, developed with broad-based and diverse 
     community participation, that addresses the economic 
     repercussions and opportunities posed by the existence of 
     brownfield sites in an area.
       ``(d) Direct Expenditure or Redistribution by Eligible 
     Recipient.--
       ``(1) In general.--Subject to paragraph (2), an eligible 
     recipient of a grant under this section may directly expend 
     the grant funds or may redistribute the funds to public and 
     private entities in the form of a grant, loan, loan 
     guarantee, payment to reduce interest on a loan guarantee, or 
     other appropriate assistance.
       ``(2) Limitation.--Under paragraph (1), an eligible 
     recipient may not provide any grant to a private for-profit 
     entity.''.
       (b) Conforming Amendment.--The table of contents in section 
     1(b) of the Public Works and Economic Development Act of 1965 
     (42 U.S.C. prec. 3121) is amended by striking the items 
     relating to sections 210 through 213 and inserting the 
     following:

``Sec. 210. Grants for brownfield site redevelopment.
``Sec. 211. Changed project circumstances.
``Sec. 212. Use of funds in projects constructed under projected cost.
``Sec. 213. Reports by recipients.
``Sec. 214. Prohibition on use of funds for attorney's and consultant's 
              fees.''.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Title VII of the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3231 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 704. AUTHORIZATION OF APPROPRIATIONS FOR BROWNFIELD 
                   SITE REDEVELOPMENT.

       ``(a) In General.--In addition to amounts made available 
     under section 701, there is authorized to be appropriated to 
     carry out section 210 $60,000,000 for each of fiscal years 
     2004 through 2008, to remain available until expended.
       ``(b) Federal Share.--Notwithstanding section 204, subject 
     to section 205, the Federal share of the cost of activities 
     funded with amounts made available under subsection (a) shall 
     be not more than 75 percent.''.
       (b) Conforming Amendment.--The table of contents in section 
     1(b) of the Public Works and Economic Development Act of 1965 
     (42 U.S.C. prec. 3121) is amended by adding at the end of the 
     items relating to title VII the following:

``Sec. 704. Authorization of appropriations for brownfield site 
              redevelopment.''.
                                  ____

  Ms. COLLINS. Mr. President, the textile mills and tanneries of Maine 
helped fuel our country's economic growth. But as these industries 
closed, brownfields replaced once vibrant factories. In many 
communities across Maine these sites remain a legacy of our industrial 
history.
  Left undeveloped, brownfields pose threats to the public health, 
environmental quality and economic strength of our communities. But 
redeveloped, these sites offer opportunities for new industries, job 
growth and economic development. I am pleased to join Senators Levin 
and Jeffords in introducing the Brownfields Redevelopment Assistance 
Act. This legislation will provide communities with economic 
development resources to redevelop brownfields and return them to 
productive uses.
  The legislation we are introducing today would provide EDA with 
increased funding flexibility to help States, local communities, Indian 
tribes and nonprofit organizations return brownfield sites to 
productive use. The bill authorizes $60 million each year for five 
years for brownfields redevelopment. This funding authorized by this 
bill will result in hundreds of millions of dollars worth of economic 
benefits for States and local communities through the leveraging of 
local and State funds and private investments.
  The bill gives EDA the authority to provide grants for brownfield 
redevelopment projects, including: development of public facilities and 
public services; business development; activities to help communities 
diversify their economies; and collaborative economic development 
planning. This will help States and communities facilitate effective 
economic development planning for brownfield reuse; develop 
infrastructure necessary to prepare sites for re-entry into the market; 
and, provide the capital necessary to support new business development.
  The decline of the New England textile industry led to the closure of 
many textile mills throughout the region, including the Bates Mill in 
the City of Lewiston, ME. The Bates Mill was once the State's largest 
employer providing more than 5,000 jobs. Economic decline and layoffs 
left the residents of Lewiston with large abandoned mill buildings that 
have been a challenge to redevelop. As a small city of 36,000 people, 
continued support for redeveloping brownfields located in the heart of 
downtown is critical to the city's future economic vitality. In 1998, 
the city received a $200,000 grant from the Environmental Protection 
Agency to help facilitate the cleanup and redevelopment of the one 
million square foot mill complex. Today, the City has redeveloped about 
one-third of the mill and created 1,000 new jobs. The City estimates 
that it will require $54 million to develop the remaining buildings in 
the Bates Mill Complex. The economic development resources provided in 
the Brownfields Redevelopment Assistance Act will help Lewiston and 
other communities across the nation rebuild their communities and 
create new economic opportunity.
  Brownfields redevelopment is a fiscally responsible strategy for 
strengthening local economies and reusing existing infrastructure while 
protecting open space. We recycle cans, bottles and newspapers now we 
must try harder to recycle our land. I am proud to be an original co-
sponsor of the bill to aid in this effort.
                                 ______