[Senate Report 111-210]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 434
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-210

======================================================================



 
                       CLEANFIELDS INVESTMENT ACT

                                _______
                                

                 June 18, 2010.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 3374]

                             together with

                             MINORITY VIEWS

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 3374) to amend the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
to establish a grant program to revitalize brownfield sites for 
the purpose of locating renewable electricity generation 
facilities on those sites, reports favorably thereon with 
amendments and recommends that the bill, as amended, do pass.

                      Purposes of the Legislation

    The purpose of the Cleanfields Investment Act (the Act) is 
to authorize $50 million annually in grants for the inventory, 
assessment, planning, and remediation of brownfields for the 
purpose of locating renewable electricity generation or 
manufacturing facilities on those sites.

                    General Statement and Background

    The Act amends the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 to establish a grant 
program to revitalize brownfield sites for the purpose of 
locating renewable electricity generation or manufacturing 
facilities on those sites.
    The Environmental Protection Agency (EPA) has estimated 
that over 4,000 brownfield sites have robust renewable resource 
potential. On all the contaminated sites that EPA tracks, there 
are about 17,000 megawatts (MW) of utility-scale wind potential 
and over 915,000 MW of utility-scale solar potential.
    According to EPA, brownfields clean-ups have created over 
61,000 jobs nationwide, leveraged over $18.00 per each EPA 
dollar spent, increased residential property values 2 to 3 
percent, and increased overall property values within a one 
mile radius of the site by $0.5 million to $1.5 million. The 
Act will expand the program to stimulate jobs in the renewable 
electricity industry, while also helping to preserve open 
spaces and protect the environment and public health.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides that the Act may be cited as the 
``Cleanfields Investment Act''.

Section 2. Purpose

    Section 2 provides that the purpose of this Act is to 
establish a program to fund grants to inventory, characterize, 
assess, and conduct planning relating to brownfield sites for 
the purpose of locating renewable electricity generation or 
manufacturing facilities on those brownfield sites; or for use 
in remediating brownfield sites for the purpose of locating 
renewable electricity generation or manufacturing facilities on 
those brownfield sites.

Section 3. Definitions

    Section 3 amends Section 101 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
to include definitions for ``Renewable Electricity Generation 
Facility'' and ``Renewable Energy Manufacturing Facility.''

Section 4. Renewable electricity brownfield site funding

    Section 4 amends Section 104(k) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
to authorize a grant program to inventory, characterize, 
assess, conduct planning, and remediate brownfield sites for 
the purpose of locating renewable electricity generation or 
manufacturing facilities on those sites. Section 4 also 
specifies permissible uses of grants and requires the EPA 
Administrator to issue guidance and ranking criteria for the 
awarding of grants. Section 4 authorizes $50,000,000 annually 
to fund grants from 2011 through 2016.

                          Legislative History

    On May 13, 2010, Senator Lautenberg introduced S. 3374. On 
May 20, 2010, the Environment and Public Works Committee held a 
business meeting to consider the bill. Senator Inhofe offered 
an amendment to expand the grant program to apply to 
contaminated sites other than brownfields, and the amendment 
was rejected with six votes in favor of the amendment and 
eleven opposed. Senator Merkley offered an amendment to allow 
renewable energy manufacturing facilities to receive grants 
under the Act, and the amendment was agreed to by voice vote. 
S. 3374 was ordered favorably reported as amended by a voice 
vote.

                                Hearings

    No hearings were held to consider the Act.

                             Rollcall Votes

    The Committee on Environment and Public Works ordered S. 
3374 favorably reported by voice vote on May 20, 2010. No 
rollcall votes were taken.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes evaluation of 
the regulatory impact of the reported bill. The Committee finds 
that this legislation, which provides grants to inventory, 
characterize, assess, conduct planning related to, and to 
remediate brownfield sites for the purpose of locating 
renewable electricity generation or manufacturing facilities, 
does not have substantial regulatory impacts.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4), the Committee finds that this legislation does 
not impose intergovernmental mandates or private sector 
mandates as those terms are defined in UMRA. The Congressional 
Budget Office concurs, finding ``S. 3374 contains no 
intergovernmental or private-sector mandates as defined in UMRA 
and would impose no costs on state, local, or tribal 
governments.''

                                                      May 24, 2010.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 3374, the 
Cleanfields Investment Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 3374--Cleanfields Investment Act

    Summary: S. 3374 would authorize the Environmental 
Protection Agency to provide grants to nonprofit organizations, 
units of local government, and other eligible entities for 
locating renewable energy facilities (including renewable 
energy manufacturing facilities) on brownfield sites. This 
legislation would authorize the appropriation of $50 million 
annually over the 2011-2015 period for such grants. Assuming 
appropriation of the necessary amounts, CBO estimates that 
implementing S. 3374 would cost $195 million over the 2011-2015 
period.
    Pay-as-you-go procedures would not apply to this 
legislation because it would not affect direct spending or 
revenues.
    S. 3374 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 3374 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                              --------------------------------------------------
                                                                2011    2012    2013    2014    2015   2011-2015
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level..........................................      50      50      50      50      50        250
Estimated Outlays............................................       3      43      49      50      50        195
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
3374 will be enacted near the beginning of fiscal year 2011 and 
that authorized amounts will be appropriated in each year 
starting in 2011. Estimated outlays are based on historical 
spending patterns for similar programs.
    Intergovernmental and private-sector impact: S. 3374 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on State, local, or 
tribal governments.
    Estimate prepared by: Federal costs: Susanne S. Mehlman; 
Impact on State, local, and tribal governments: Ryan Miller; 
Impact on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    MINORITY VIEWS OF SENATOR INHOFE

    I agree with the overall intention of Senator Lautenberg's 
S. 3374, the Cleanfields Investment Act. I believe, however, 
the scope of contaminated lands that are considered within this 
bill is far too narrow. Brownfields redevelopment should be and 
is encouraged. Cleaning up our contaminated lands is always a 
winning proposition and coupling that cleanup with renewable 
energy development is a smart choice. Limiting this bill to 
just brownfields properties denies other contaminated lands an 
opportunity to be developed.
    According to the U.S. Energy Information Administration's 
Annual Energy Outlook 2008, by 2030 U.S. electricity production 
will need to increase by nearly 30 percent to meet growing 
demand. Looking to develop contaminated lands is a practical 
idea that should be strived for and encouraged.
    Even the Environmental Protection Agency believes in this 
ideal. EPA's RE-Powering America's Land Initiative seeks to 
develop renewable energy on contaminated land. Under this 
initiative EPA does not limit contaminated land to just 
brownfields. Resource Conservation and Recovery Act lands, 
abandoned mine lands, landfills and superfund sites are all 
considered under this initiative. In fact, EPA tracks 
approximately 490,000 sites and 15 million acres of potentially 
contaminated land across the United States.
    Under EPA's initiative, there are 65 contaminated sites in 
my home state of Oklahoma that could be used for renewable 
energy development. S. 3374 would only consider 35 brownfields 
sites in Oklahoma. In California, EPA's initiative identified 
205 contaminated sites. S. 3374 would only consider the 6 
brownfields sites and exclude the 199 other contaminated sites. 
EPA's initiative identifies 75 sites in New Mexico, of which 
only 9 brownfields would be eligible under S. 3374.
    Brownfields are typically located in urban areas and are 
much smaller in size and acreage as compared to other 
contaminated lands. I feel that on the issue of location and 
size alone, all contaminated land should be considered. There 
is no logical reason to limit the choices, especially 
considering that under S. 3374, EPA will be the agency 
determining and awarding the grants.

                                                   James M. Inhofe.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT 
OF 1980

           *       *       *       *       *       *       *


    Sec. 101. For purpose of this title--
          (1) * * *

           *       *       *       *       *       *       *

          (42) Renewable electricity generation facility.--The 
        term `renewable electricity generation facility' means 
        a facility that generates renewable electricity from 
        wind energy, solar energy, or geothermal energy.
          (43) Renewable energy manufacturing facility.--The 
        term `renewable energy manufacturing facility' means a 
        facility that manufactures components or systems for 
        use in generating renewable electricity from wind 
        energy, solar energy, or geothermal energy.

           *       *       *       *       *       *       *

    Sec. 104. (a)(1)* * *

           *       *       *       *       *       *       *

  (k) Brownfields Revitalization Funding.--
          (1) Definition of eligible entity.--In this 
        subsection, the term ``eligible entity'' means--
                  (A) * * *

           *       *       *       *       *       *       *

          (11) Effect on federal laws.--Nothing in this 
        subsection affects any liability or response authority 
        under any Federal law, including--
                  (A) this Act (including the last sentence of 
                section 101(14));
                  (B) the Solid Waste Disposal Act (42 U.S.C. 
                6901 et seq.);
                  (C) the Federal Water Pollution Control Act 
                (33 U.S.C. 1251 et seq.);
                  (D) the Toxic Substances Control Act (15 
                U.S.C. 2601 et seq.); and
                  (E) the Safe Drinking Water Act (42 U.S.C. 
                300f et seq.).
          (12) Renewable electricity brownfield site funding.--
                  (A) In general.--The Administrator shall 
                establish a program to provide grants to--
                          (i) eligible entities, to be used for 
                        capitalization of revolving loan funds 
                        to provide assistance in accordance 
                        with subparagraph (B); and
                          (ii) eligible entities or nonprofit 
                        organizations, as determined by the 
                        Administrator in accordance with 
                        subparagraph (C), to be used directly--
                                  (I) to inventory, 
                                characterize, assess, and 
                                conduct planning relating to 1 
                                or more brownfield sites for 
                                the purpose of locating a 
                                renewable electricity 
                                generation facility or a 
                                renewable energy manufacturing 
                                facility on those brownfield 
                                sites; or
                                  (II) for remediation of 1 or 
                                more brownfield sites for the 
                                purpose of locating a renewable 
                                electricity generation facility 
                                or a renewable energy 
                                manufacturing facility on those 
                                brownfield sites.
                  (B) Use of loan and grant funds provided by 
                eligible entities.--An eligible entity that 
                receives a grant under subparagraph (A)(i) 
                shall use the grant to provide assistance for a 
                purpose described in subparagraph (A)(ii) in 
                the form of 1 or more--
                          (i) loans to an eligible entity, site 
                        owner, site developer, or other person; 
                        or
                          (ii) grants to an eligible entity or 
                        other nonprofit organization, where 
                        warranted, as determined in accordance 
                        with subparagraph (C) by the eligible 
                        entity that is providing the 
                        assistance.
                  (C) Considerations.--
                          (i) In general.--Not later than 90 
                        days after the date of enactment of the 
                        Cleanfields Investment Act, the 
                        Administrator shall issue guidance 
                        describing the considerations to be 
                        used in determining whether a grant 
                        under subparagraph (A) is warranted for 
                        a purpose described in subparagraph 
                        (A)(ii).
                          (ii) Use of guidance.--The guidance 
                        issued under clause (i) shall be used 
                        by the Administrator or an eligible 
                        entity, as the case may be, to 
                        determine whether a grant under 
                        subparagraph (A) is warranted.
                  (D) Ranking criteria.--
                          (i) In general.--The Administrator 
                        shall issue ranking criteria to be used 
                        in determining whether a grant under 
                        subparagraph (A) is warranted for a 
                        purpose described in subparagraph 
                        (A)(ii).
                          (ii) Use of ranking criteria.--The 
                        ranking criteria issued under clause 
                        (i) shall be used by the Administrator 
                        or an eligible entity, as the case may 
                        be, to determine whether a grant under 
                        subparagraph (A) is warranted.
                  (E) Implementation.--Paragraphs (4), (5)(A), 
                (5)(B), and (6) through (11) shall apply to the 
                implementation of this paragraph.
          [(12)](13) Funding.--
                  (A) Authorization of appropriations.--There 
                is authorized to be appropriated to carry out 
                this subsection 200,000,000 for each of fiscal 
                years 2002 through 2006.
                  (B) Use of certain funds.--Of the amount made 
                available under subparagraph (A), $50,000,000, 
                or, if the amount made available is less than 
                200,000,000, 25 percent of the amount made 
                available, shall be used for site 
                characterization, assessment, and remediation 
                of facilities described in section 
                101(39)(D)(ii)(II).
                  (C) Authorization of appropriations for 
                renewable electricity generation facility and 
                renewable energy manufacturing facility 
                brownfields funding.--There is authorized to be 
                appropriated to the Administrator, to fund 
                grants to inventory, characterize, assess, and 
                conduct planning relating to brownfield sites 
                for the purpose of locating renewable 
                electricity generation facilities or renewable 
                energy manufacturing facilities on those 
                brownfield sites, or for remediation of 
                brownfield sites for the purpose of locating 
                renewable electricity generation facilities or 
                renewable energy manufacturing facilities on 
                those brownfield sites, $50,000,000 for each of 
                fiscal years 2011 through 2016.

                                  
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