[Senate Report 114-276]
[From the U.S. Government Publishing Office]
Calendar No. 518
114th Congress } { Report
SENATE
2d Session } { 114-276
======================================================================
BROWNFIELDS UTILIZATION, INVESTMENT, AND LOCAL DEVELOPMENT ACT OF 2015
_______
June 14, 2016.--Ordered to be printed
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 1479]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works to which was
referred the bill (S. 1479) to amend the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
to modify provisions relating to grants, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
General Statements and Background
The Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA) (also known as the ``Superfund''
law) was enacted to provide broad Federal authority to respond
to releases or threatened releases of hazardous substances that
may endanger public health or the environment, including
provisions to help clean up the nation's worst contaminated
sites and require responsible parties to pay for the cleanups.
Currently, more than 1,300 contaminated sites are on the U.S.
Environmental Protection Agency's (EPA) Superfund program's
National Priorities List. Brownfields are properties where the
presence, or potential presence, of a hazardous substance
complicates the expansion or redevelopment of the property. EPA
estimates there are more than 450,000 brownfield sites across
the country. Concern over CERCLA's strict joint and several
liability provisions is one factor that inhibited cleanup at
brownfield sites where the extent of contamination may have
been unknown and where there was no viable party available to
assess the site or pay for the cleanup. Many states and local
governments operate voluntary programs to promote the cleanup
and reuse of these properties. EPA administratively created its
brownfields initiative in 1993. Congress began appropriating
money specifically for the EPA brownfields grant program in
fiscal year 1997. However, concerns remained about potential
liability under CERCLA for brownfields cleanups.
In 2001, the Senate passed S. 350 by a vote of 99-0 to
amend CERCLA to establish the brownfields program, authorize up
to $250 million in funding for grants, and provide relief from
CERCLA liability for certain parties who meet specified
conditions, such as contiguous property owners, prospective
purchasers, and innocent landowners. S. 350 was incorporated
into Title II of the ``Small Business Liability Relief and
Brownfields Revitalization Act,'' which passed the House of
Representatives by voice vote and the Senate by unanimous
consent on December 20, 2001. President George W. Bush signed
the bill into law (P.L. 107-118) on January 11, 2002.
Section 104 of CERCLA was amended to authorize EPA to
provide grants and technical assistance to State and local
governmental entities, and other stakeholders to assess, safely
clean up, and sustainably reuse brownfields. Cleaning up and
reinvesting in these properties protects human health and the
environment, reduces blight, increases local tax bases,
facilitates job growth, and often utilizes existing
infrastructure. Definitions for ``Brownfield site,'' ``Bona
fide prospective purchaser'' and ``Eligible response site''
were also added to section 101 of CERCLA.
S. 1479 would reauthorize the EPA brownfields program at
current funding levels through fiscal year 2018. The BUILD Act
would improve the existing grant process by increasing the
dollar limit for cleanup grants, authorizing EPA to make multi-
purpose grants, expanding grant eligibility for certain
publicly owned sites and non-profit organizations, authorizing
grants for waterfront brownfields properties located adjacent
to bodies of water or in floodplains and sites that can be used
for clean energy development. The bill would also allow grant
recipients to use a portion of grant funds for administrative
costs, provide technical assistance grants to rural areas,
small communities, and disadvantaged areas, and authorize up to
$2 million per fiscal year in targeted funding grants to
States.
At a March 2, 3016, legislative hearing, the Committee
heard testimony from a witness from the Northern West Virginia
Brownfields Assistance Center in favor of S. 1479, including
provisions that would increase the dollar amount for individual
grants, create multi-purpose grants, and establish technical
assistance grants for small communities and rural areas.
Purpose of the Legislation
The bill authorizes the appropriation of $250 million
annually through fiscal year 2018 for EPA to provide
brownfields cleanup grants and programs, and would amend
section 104(k) of CERCLA (42 U.S.C. 9604(k)) to improve the
existing grant process by increasing the limit for cleanup
grants, expanding grant eligibility, and prioritizing funding
opportunities for certain brownfield sites, among other
purposes.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides that the Act may be cited as the
``Brownfields Utilization, Investment, and Local Development
Act of 2015'' or the ``BUILD Act.''
Section 2. Expanded eligibility for nonprofit organizations
Section 2 expands the eligibility for Brownfields grants
for nonprofit organizations to include certain nonprofit
organizations, limited liability corporations, limited
partnerships, and community development entities.
Section 3. Multipurpose brownfield grants
Section 3 authorizes EPA to make multi-purpose grants up to
$950,000, which provide greater certainty for long-term project
financing. Limits all grants under this section to 15 percent
of appropriations.
Section 4. Treatment of certain publicly owned brownfield sites
Section 4 allows government entities that acquired
brownfields property prior to January 11, 2002, that do not
qualify as a bona fide prospective purchaser under section
101(40) of CERCLA, to be eligible to receive grants so long as
the government entity did not cause or contribute to a release
or threatened release of a hazardous substance at the property.
Section 5. Increased funding for remediation grants
Section 5 increases funding limit for each site from the
current $200,000 to $500,000 for each site. This section also
authorizes the EPA to waive that limit, up to $650,000 for a
site, based on the anticipated level of contamination, size, or
ownership status of the site.
Section 6. Allowing administrative costs for grant recipients
Section 6 allows eligible entities to use up to 8 percent
of their brownfield grant funding for administrative costs.
Section 7. Small or disadvantaged community technical assistance
Section 7 directs EPA to give priority in providing
technical assistance grants of up to $7,500 to eligible
entities in small communities, Indian tribes, rural areas, and
disadvantaged areas. This section defines a ``disadvantaged
area'' as 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. This section also defines a ``small
community'' as a community with a population of not more than
15,000 individuals, as determined by the latest available
decennial census. This section limits all grants under this
section to $600,000.
Section 8. Waterfront brownfield grants
Section 8 directs EPA in providing brownfield grants to
give consideration to waterfront brownfield sites located
adjacent to bodies of water or federally designated
floodplains.
Section 9. Clean energy brownfield grants
Section 9 requires EPA to establish a program to provide
grants of up to $500,000 to eligible entities to locate clean
energy projects at brownfield sites.
Section 10. Targeted funding for States
Section 10 authorizes EPA to use up to $2 million each
fiscal year to provide targeted grants to States.
Section 11. Authorization of appropriations
Section 11 authorizes appropriations of $250 million
annually through fiscal year 2018.
Legislative History
Senators Inhofe, Markey, Rounds, Boxer, Crapo, and Booker
introduced S. 1479, the ``Brownfields Utilization, Investment,
and Local Development Act of 2015'' or the ``BUILD Act,'' on
June 2, 2015. The bill was read twice and referred to the
Senate Committee on Environment and Public Works. The Committee
met on May 18, 2016, and ordered S. 1479 favorably reported
without amendment by voice vote.
An almost identical bill, S. 491, was favorably reported
with an amendment by the Committee by voice vote on April 3,
2014, in the 113th Congress.
Hearings
The Committee on Environment and Public Works held a
hearing entitled, ``Economic Opportunities from Land Cleanup
Programs and a Legislative Hearing on S. 1479, Brownfields
Utilization, Investment, and Local Development Act of 2015, S.
2446, Improving Coal Combustion Residuals Regulation Act of
2016 and Discussion Draft of Good Samaritan Cleanup of Orphan
Mines Act of 2016'' on March 2, 2016.
Roll Call Votes
The Committee on Environment and Public Works met to
consider S. 1479 on May 18, 2016. The bill was ordered
favorably reported without amendment by voice vote. No roll
call votes were taken.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 1479
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the Committee notes that the Congressional
Budget Office has found, ``S. 1479 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.''
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
June 13, 2016.
Hon. Jim Inhofe,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1479, the
Brownfields Utilization, Investment, and Local Development Act
of 2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jon Sperl.
Sincerely,
Keith Hall.
Enclosure.
S. 1479--Brownfields Utilization, Investment, and Local Development Act
of 2015
S. 1479 would authorize the appropriation of $250 million
annually in 2017 and 2018 for the Environmental Protection
Agency (EPA) to provide grants to clean up brownfields and
support state brownfield programs. (Brownfields are properties
where the presence, or potential presence, of a hazardous
substance complicates the expansion or redevelopment of the
property.) Assuming appropriation of the authorized amounts,
CBO estimates that implementing S. 1479 would cost $500 million
over the 2017-2021 period.
Pay-as-you-go procedures do not apply to this legislation
because enacting the bill would not affect direct spending or
revenues. CBO estimates that enacting S. 1479 would not
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2027.
S. 1479 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. 1479 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--
-------------------------------------------------------
2017 2018 2019 2020 2021 2017-2021
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level..................................... 250 250 0 0 0 500
Estimated Outlays....................................... 13 212 230 37 8 500
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
1479 will be enacted near the end of fiscal year 2016, that the
specified amounts will be appropriated in each year starting in
2017, and that outlays will follow historical spending patterns
for the brownfields program.
S. 1479 would authorize the appropriation of $250 million
annually over the 2017-2018 period to EPA for activities to
restore brownfields. The authorization for this program expired
in 2006, but it has continued to receive appropriations each
year; $152 million was appropriated for the program in 2016.
The bill would increase the limit for cleanup grants and
expand eligibility for grants to certain publicly owned sites
and nonprofit organizations. In addition, S. 1479 would allow
grant recipients to use up to 8 percent of the grant to cover
administrative costs.
Pay-As-You-Go considerations: None.
Increase in long-term deficit and direct spending: CBO
estimates that enacting S. 1479 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
Intergovernmental and private-sector impact: S. 1479
contains no intergovernmental or private-sector mandates as
defined in UMRA and would benefit state, local, and tribal
governments by authorizing federal grants to support brownfield
cleanup activities and programs. Any costs those governments
might incur, including matching contributions, would result
from participating in a voluntary federal program.
Estimate prepared by: Federal costs: Jon Sperl; Impact on
state, local, and tribal governments: Jon Sperl; Impact on the
private sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
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)* * *
* * * * * * *
Sec. 104. (a)(1) Whenever (A) any hazardous substance is
released or there is a substantial threat of such a release
into the environment, or (B) there is a release or substantial
threat of release into the environment of any pollutant or
contaminant which may present an imminent and substantial
danger to the public health or welfare, the President is
authorized to act, consistent with the national contingency
plan, to remove or arrange for the removal of, and provide for
remedial action relating to such hazardous substance,
pollutant, or contaminant at any time (including its removal
from any contaminated natural resource), or take any other
response measure consistent with the national contingency plan
which the President deems necessary to protect the public
health or welfare or the environment. When the President
determines that such action will be done properly and promptly
by the owner or operator of the facility or vessel or by any
other responsible party, the President may allow such person to
carry out the action, conduct the remedial investigation, or
conduct the feasibility study in accordance with section 122.
No remedial investigation or feasibility study (RI/FS) shall be
authorized except on a determination by the President that the
party is qualified to conduct the RI/FS and only if the
President contracts with or arranges for a qualified person to
assist the President in overseeing and reviewing the conduct of
such RI/FS and if the responsible party agrees to reimburse the
Fund for any cost incurred by the President under, or in
connection with, the oversight contract or arrangement. In no
event shall a potentially responsible party be subject to a
lesser standard of liability, receive preferential treatment,
or in any other way, whether direct or indirect, benefit from
any such arrangements as a response action contractor, or as a
person hired or retained by such a response action contractor,
with respect to the release or facility in question. The
President shall give primary attention to those releases which
the President deems may present a public health threat.
(2)* * *
* * * * * * *
(k) Brownfields Revitalization Funding.--
(1) Definition of eligible entity.--In this
subsection, the term ``eligible entity'' means--
(A) a general purpose unit of local
government;
(B) a land clearance authority or other
quasi-governmental entity that operates under
the supervision and control of or as an agent
of a general purpose unit of local government;
(C) a government entity created by a State
legislature;
(D) a regional council or group of general
purpose units of local government;
(E) a redevelopment agency that is chartered
or otherwise sanctioned by a State;
(F) a State;
(G) an Indian Tribe other than in Alaska;
[or]
(H) an Alaska Native Regional Corporation and
an Alaska Native Village Corporation as those
terms are defined in the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 and following)
and the Metlakatla Indian community[.] ;
(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).
(2) Brownfield site characterization and assessment
grant program.--
(A) Establishment of program.--The
Administrator shall establish a program to--
(i) provide grants to inventory,
characterize, assess, and conduct
planning related to brownfield sites
under subparagraph (B); and
(ii) perform targeted site
assessments at brownfield sites.
(B) Assistance for site characterization and
assessment.--
(i) In general.--On approval of an
application made by an eligible entity,
the Administrator may make a grant to
the eligible entity to be used for
programs to inventory, characterize,
assess, and conduct planning related to
one or more brownfield sites.
(ii) Site characterization and
assessment.--A site characterization
and assessment carried out with the use
of a grant under clause (i) shall be
performed in accordance with section
101(35)(B).
(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.
(3) Grants and loans for brownfield remediation.--
(A) Grants provided by the president.--
[Subject to paragraphs (4) and (5)] subject to
paragraphs (5) and (6), the President shall
establish a program to provide grants to--
(i) eligible entities, to be used for
capitalization of revolving loan funds;
and
(ii) eligible entities or nonprofit
organizations, where warranted, as
determined by the President based on
considerations under subparagraph (C),
to be used directly for remediation of
one or more brownfield sites owned by
the entity or organization that
receives the grant and in amounts not
to exceed [$200,000 for each site to be
remediated] $500,000 for each site to
be remediated, 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.
(B) Loans and grants provided by eligible
entities.--An eligible entity that receives a
grant under subparagraph (A)(i) shall use the
grant funds to provide assistance for the
remediation of brownfield sites in the form
of--
(i) one or more loans to an eligible
entity, a site owner, a site developer,
or another person; or
(ii) one or more grants to an
eligible entity or other nonprofit
organization, where warranted, as
determined by the eligible entity that
is providing the assistance, based on
considerations under subparagraph (C),
to remediate sites owned by the
eligible entity or nonprofit
organization that receives the grant.
(C) Considerations.--In determining whether a
grant under subparagraph (A)(ii) or (B)(ii) is
warranted, the President or the eligible
entity, as the case may be, shall take into
consideration--
(i) the extent to which a grant will
facilitate the creation of,
preservation of, or addition to a park,
a greenway, undeveloped property,
recreational property, or other
property used for nonprofit purposes;
(ii) the extent to which a grant will
meet the needs of a community that has
an inability to draw on other sources
of funding for environmental
remediation and subsequent
redevelopment of the area in which a
brownfield site is located because of
the small population or low income of
the community;
(iii) the extent to which a grant
will facilitate the use or reuse of
existing infrastructure;
(iv) the benefit of promoting the
long-term availability of funds from a
revolving loan fund for brownfield
remediation; and
(v) such other similar factors as the
Administrator considers appropriate to
consider for the purposes of this
subsection.
(D) Transition.--Revolving loan funds that
have been established before the date of the
enactment of this subsection may be used in
accordance with this paragraph.
(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.
[(4)] (5) General provisions.--
(A) Maximum grant amount.--
(i) Brownfield site characterization
and assessment.--
(I) In general.--A grant
under paragraph (2) may be
awarded to an eligible entity
on a community-wide or site-by-
site basis, and shall not
exceed, for any individual
brownfield site covered by the
grant, $200,000.
(II) Waiver.--The
Administrator may waive the
$200,000 limitation under
subclause (I) to permit the
brownfield site to receive a
grant of not to exceed
$350,000, based on the
anticipated level of
contamination, size, or status
of ownership of the site.
(ii) Brownfield remediation.--A grant
under paragraph (3)(A)(i) may be
awarded to an eligible entity on a
community-wide or site-by-site basis,
not to exceed $1,000,000 per eligible
entity. The Administrator may make an
additional grant to an eligible entity
described in the previous sentence for
any year after the year for which the
initial grant is made, taking into
consideration--
(I) the number of sites and
number of communities that are
addressed by the revolving loan
fund;
(II) the demand for funding
by eligible entities that have
not previously received a grant
under this subsection;
(III) the demonstrated
ability of the eligible entity
to use the revolving loan fund
to enhance remediation and
provide funds on a continuing
basis; and
(III) such other similar
factors as the Administrator
considers appropriate to carry
out this subsection.
(B) Prohibition.--
(i) In general.--No part of a grant
or loan under this subsection may be
used for the payment of--
(I) a penalty or fine;
(II) a Federal cost-share
requirement;
[(III)] an administrative
cost;
[(IV)] (III) a response cost
at a brownfield site for which
the recipient of the grant or
loan is potentially liable
under section 107; or
[(V)] (IV) a cost of
compliance with any Federal law
(including a Federal law
specified in section
101(39)(B)), excluding the cost
of compliance with laws
applicable to the cleanup.
[(ii) Exclusions.--For the purposes
of clause (i)(III), the term
``administrative cost'' does not
include the cost of--
[(I) investigation and
identification of the extent of
contamination;
[(II) design and performance
of a response action; or
[(III) monitoring of a
natural resource.]
[(iii)] (ii) Exception.--
[Notwithstanding clause (i)(IV)]
Notwithstanding clause (i)(III), the
Administrator may use up to 25 percent
of the funds made available to carry
out this subsection to make a grant or
loan under this subsection to eligible
entities that satisfy all of the
elements set forth in section 101(40)
to qualify as a bona fide prospective
purchaser, except that the date of
acquisition of the property was on or
before January 11, 2002.
(C) Assistance for development of local
government site remediation programs.--A local
government that receives a grant under this
subsection may use not to exceed 10 percent of
the grant funds to develop and implement a
brownfields program that may include--
(i) monitoring the health of
populations exposed to one or more
hazardous substances from a brownfield
site; and
(ii) monitoring and enforcement of
any institutional control used to
prevent human exposure to any hazardous
substance from a brownfield site.
(D) Insurance.--A recipient of a grant or
loan awarded under paragraph (2) or (3) that
performs a characterization, assessment, or
remediation of a brownfield site may use a
portion of the grant or loan to purchase
insurance for the characterization, assessment,
or remediation of that site.
(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.
[(5)] (6) Grant applications.--
(A) Submission.--
(i) In general.--
(I) Application.--An eligible
entity may submit to the
Administrator, through a
regional office of the
Environmental Protection Agency
and in such form as the
Administrator may require, an
application for a grant under
this subsection for one or more
brownfield sites (including
information on the criteria
used by the Administrator to
rank applications under
subparagraph (C), to the extent
that the information is
available).
(II) NCP requirements.--The
Administrator may include in
any requirement for submission
of an application under
subclause (I) a requirement of
the National Contingency Plan
only to the extent that the
requirement is relevant and
appropriate to the program
under this subsection.
(ii) Coordination.--The Administrator
shall coordinate with other Federal
agencies to assist in making eligible
entities aware of other available
Federal resources.
(iii) Guidance.--The Administrator
shall publish guidance to assist
eligible entities in applying for
grants under this subsection.
(B) Approval.--The Administrator shall--
(i) at least annually, complete a
review of applications for grants that
are received from eligible entities
under this subsection; and
(ii) award grants under this
subsection to eligible entities that
the Administrator determines have the
highest rankings under the ranking
criteria established under subparagraph
(C).
(C) Ranking criteria.--The Administrator
shall establish a system for ranking grant
applications received under this paragraph that
includes the following criteria:
(i) The extent to which a grant will
stimulate the availability of other
funds for environmental assessment or
remediation, and subsequent reuse, of
an area in which one or more brownfield
sites are located.
(ii) The potential of the proposed
project or the development plan for an
area in which one or more brownfield
sites are located to stimulate economic
development of the area on completion
of the cleanup.
(iii) The extent to which a grant
would address or facilitate the
identification and reduction of threats
to human health and the environment,
including threats in areas in which
there is a greater-than-normal
incidence of diseases or conditions
(including cancer, asthma, or birth
defects) that may be associated with
exposure to hazardous substances,
pollutants, or contaminants.
(iv) The extent to which a grant
would facilitate the use or reuse of
existing infrastructure.
(v) The extent to which a grant would
facilitate the creation of,
preservation of, or addition to a park,
a greenway, undeveloped property,
recreational property, or other
property used for nonprofit purposes.
(vi) The extent to which a grant
would meet the needs of a community
that has an inability to draw on other
sources of funding for environmental
remediation and subsequent
redevelopment of the area in which a
brownfield site is located because of
the small population or low income of
the community.
(vii) The extent to which the
applicant is eligible for funding from
other sources.
(viii) The extent to which a grant
will further the fair distribution of
funding between urban and nonurban
areas.
(ix) The extent to which the grant
provides for involvement of the local
community in the process of making
decisions relating to cleanup and
future use of a brownfield site.
(x) The extent to which a grant would
address or facilitate the
identification and reduction of threats
to the health or welfare of children,
pregnant women, minority or low-income
communities, or other sensitive
populations.
[(6)] (7) Implementation of brownfields programs.--
(A) Establishment of program.--[The
Administrator may provide,]
(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.
(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, or fund
eligible entities or nonprofit
organizations to provide, training,
research, and technical assistance to
individuals and organizations, as
appropriate, to facilitate the
inventory of brownfield sites, site
assessments, remediation of brownfield
sites, community involvement, or site
preparation.
(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.
(B) Funding restrictions.--The total Federal
funds to be expended by the Administrator under
this paragraph shall not exceed 15 percent of
the total amount appropriated to carry out this
subsection in any fiscal year.
[(7)] (8) Audits.--
(A) In general.--The Inspector General of the
Environmental Protection Agency shall conduct
such reviews or audits of grants and loans
under this subsection as the Inspector General
considers necessary to carry out this
subsection.
(B) Procedure.--An audit under this
subparagraph shall be conducted in accordance
with the auditing procedures of the General
Accounting Office, including chapter 75 of
title 31, United States Code.
(C) Violations.--If the Administrator
determines that a person that receives a grant
or loan under this subsection has violated or
is in violation of a condition of the grant,
loan, or applicable Federal law, the
Administrator may--
(i) terminate the grant or loan;
(ii) require the person to repay any
funds received; and
(iii) seek any other legal remedies
available to the Administrator.
(D) Report to congress.--Not later than 3
years after the date of the enactment of this
subsection, the Inspector General of the
Environmental Protection Agency shall submit to
Congress a report that provides a description
of the management of the program (including a
description of the allocation of funds under
this subsection).
[(8)] (9) Leveraging.--An eligible entity that
receives a grant under this subsection may use the
grant funds for a portion of a project at a brownfield
site for which funding is received from other sources
if the grant funds are used only for the purposes
described in paragraph (2) or (3).
[(9)] (10) Agreements.--Each grant or loan made under
this subsection shall--
(A) include a requirement of the National
Contingency Plan only to the extent that the
requirement is relevant and appropriate to the
program under this subsection, as determined by
the Administrator; and
(B) be subject to an agreement that--
(i) requires the recipient to--
(I) comply with all
applicable Federal and State
laws; and
(II) ensure that the cleanup
protects human health and the
environment;
(ii) requires that the recipient use
the grant or loan exclusively for
purposes specified in paragraph (2) or
(3), as applicable;
(iii) in the case of an application
by an eligible entity under paragraph
(3)(A), requires the eligible entity to
pay a matching share (which may be in
the form of a contribution of labor,
material, or services) of at least 20
percent, from non-Federal sources of
funding, unless the Administrator
determines that the matching share
would place an undue hardship on the
eligible entity; and
(iv) contains such other terms and
conditions as the Administrator
determines to be necessary to carry out
this subsection.
(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.
(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.
[(10)] (13) Facility other than brownfield site.--The
fact that a facility may not be a brownfield site
within the meaning of section 101(39)(A) has no effect
on the eligibility of the facility for assistance under
any other provision of Federal law.
[(11)] (14) 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)] (15) 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] 2018.
(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) 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. 128. STATE RESPONSE PROGRAMS.
(a) Assistance to States.--
(1) In general.--
(A) States.--The Administrator may award a
grant to a State or Indian tribe that--
(i) has a response program that
includes each of the elements, or is
taking reasonable steps to include each
of the elements, listed in paragraph
(2); or
(ii) is a party to a memorandum of
agreement with the Administrator for
voluntary response programs.
(B) Use of grants by states.--
(i) In general.--A State or Indian
tribe may use a grant under this
subsection to establish or enhance the
response program of the State or Indian
tribe.
(ii) Additional uses.--In addition to
the uses under clause (i), a State or
Indian tribe may use a grant under this
subsection to--
(I) capitalize a revolving
loan fund for brownfield
remediation under section
104(k)(3); or
(II) purchase insurance or
develop a risk sharing pool, an
indemnity pool, or insurance
mechanism to provide financing
for response actions under a
State response program.
(2) Elements.--The elements of a State or Indian
tribe response program referred to in paragraph
(1)(A)(i) are the following:
(A) Timely survey and inventory of brownfield
sites in the State.
(B) Oversight and enforcement authorities or
other mechanisms, and resources, that are
adequate to ensure that--
(i) a response action will--
(I) protect human health and
the environment; and
(II) be conducted in
accordance with applicable
Federal and State law; and
(ii) if the person conducting the
response action fails to complete the
necessary response activities,
including operation and maintenance or
long-term monitoring activities, the
necessary response activities are
completed.
(C) Mechanisms and resources to provide
meaningful opportunities for public
participation, including--
(i) public access to documents that
the State, Indian tribe, or party
conducting the cleanup is relying on or
developing in making cleanup decisions
or conducting site activities;
(ii) prior notice and opportunity for
comment on proposed cleanup plans and
site activities; and
(iii) a mechanism by which--
(I) a person that is or may
be affected by a release or
threatened release of a
hazardous substance, pollutant,
or contaminant at a brownfield
site located in the community
in which the person works or
resides may request the conduct
of a site assessment; and
(II) an appropriate State
official shall consider and
appropriately respond to a
request under subclause (I).
(D) Mechanisms for approval of a cleanup
plan, and a requirement for verification by and
certification or similar documentation from the
State, an Indian tribe, or a licensed site
professional to the person conducting a
response action indicating that the response is
complete.
(3) Funding.--There is authorized to be appropriated
to carry out this subsection $50,000,000 for each of
fiscal years 2002 through [2006] 2018.
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