[Congressional Record (Bound Edition), Volume 147 (2001), Part 5]
[Senate]
[Page 6402]
[From the U.S. Government Publishing Office, www.gpo.gov]



  BROWNFIELDS REVITALIZATION AND ENVIRONMENTAL RESTORATION ACT OF 2001

  Mr. DOMENICI. Mr. President, today I want to take a moment to share 
some thoughts on the Brownfields Revitalization and Environmental 
Restoration Act. I believe that this act is important and can do 
positive things in communities across America.
  Laws related to brownfields were the result of a much broader Act, 
which we commonly refer to as Superfund. Superfund was intended to 
bring about the clean up of some of the most contaminated sites in our 
nation. As Superfund has been implemented in our society we have found 
that it is often too cumbersome to bring about clean up and restoration 
of many brownfield sites. When we talk about brownfields we are not 
talking about the most contaminated sites in our communities, but about 
sites that are less contaminated and could realistically be bought, 
cleaned up, and developed thus bringing economic and other benefits to 
American citizens. Therefore, I share the thoughts of many of my 
colleagues and support removing the barriers to brownfields 
redevelopment.
  When the average person wishes to invest in something such as an 
abandoned gas station, they are often discouraged from doing so for 
fear of the strict liabilities that could be imposed on them by 
Superfund. Attempting to relax the daunting liability provisions for 
those willing to buy brownfields sites for the purpose of cleaning and 
upgrading them is a huge step in the right direction.
  I believe that enactment of this brownfields legislation, will 
provide a significant foundation for rebuilding many of our 
communities. Many of these sites are located in downtown areas and 
often serve as the breeding grounds for crime, drug trafficking and 
contamination. I am hopeful that passing this legislation will help 
restore downtown communities making them once again attractive to 
business, industry and prospective residents.
  Many of us have watched these downtown areas slowly die. I know that 
in Albuquerque, NM, the largest city in the State, we have seen a huge 
shift away from the downtown area. Local businesses that once thrived 
were forced to close and slowly, what was once the metropolis of 
Albuquerque, began to seem like a ghost town.
  I support this legislation because of the potential it brings to 
restoring places like downtown Albuquerque. As I briefly touched on, 
some of the most important benefits of the bill are its liability and 
finality provisions. The bill specifies that prospective purchasers, 
innocent landowners, and contiguous property owners, who exercise due 
diligence in purchases, are not responsible for paying cleanup costs. 
The stringent liability scheme under Superfund hinders those who want 
to invest in these sites for fear of liability. These barriers are 
unnecessary and do not foster development and growth in our inner 
cities. Additionally, the bill precludes EPA from taking action on a 
site that a State has already placed in a cleanup program, unless there 
is an imminent and substantial endangerment to the environment or 
public health, and some additional work must be completed.
  Finally, the bill authorizes $150 million per year to help State and 
local governments perform assessments and cleanup at brownfields sites. 
Further, $50 million per year is also authorized to establish and 
enhance brownfields programs, more than double the current level of 
funds available through the current EPA program.
  Pumping federal tax dollars back into localities and fostering 
partnerships with States and their local communities can help rid our 
communities of the negatives such as crime and contamination while 
rejuvenating downtown economies.
  Economics and Environmental health are not mutually exclusive. This 
bill would allow these types of areas to be cleaned up, thus providing 
both economic and environmental benefits. It is a win-win for 
everyone--cities and citizens alike.
  I am hopeful that New Mexico, as well as many other communities 
across the nation, will see great benefits as a result of this 
legislation. I hope that we are successful at reviving the ghost towns 
that currently exist in many downtown areas and that they will once 
again come alive with prosperity.

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