[Congressional Record Volume 162, Number 16 (Wednesday, January 27, 2016)]
[Senate]
[Pages S269-S270]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2991. Ms. MURKOWSKI (for Mr. Inhofe (for himself, Mr. Markey, and
Mr. Booker)) submitted an amendment intended to be proposed to
amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to
provide for the modernization of the energy policy of the United
States, and for other purposes; which was ordered to lie on the table;
as follows:
At the end, add the following:
TITLE __--BROWNFIELDS REAUTHORIZATION
SEC. __01. SHORT TITLE.
This title may be cited as the ``Brownfields Utilization,
Investment, and Local Development Act of 2016'' or the
``BUILD Act''.
SEC. __02. 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. __03. 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), 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. __04. 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. __05. 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. __06. 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. __07. 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 __03(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 State-wide annual median
household income, as determined by the latest available
decennial census.
[[Page S270]]
``(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. __08. 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 __03(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. __09. 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 __08) 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 __03(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. 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 __03(1)) is amended by
striking ``2006'' and inserting ``2018''.
(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 ``2018''.
______