Brownfields Reauthorization Act of 2017

Summary: Brownfields Reauthorization Act of 2017  (Sec. 2) This bill modifies the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to specify if a state or local government takes title to a brownfield site as a result of law enforcement activity, that government is not an owner or operator for the purposes of CERCLA. (Brownfields are certain commercial properties that are hindered from reuse or redevelopment due to the presence of a hazardous substance, pollutant, or contaminant.) (Sec. 3) The bill modifies brownfield program eligibility with respect to petroleum sites where no viable responsible party exists. Specifically, it eliminates the requirement that sites be of relatively low risk. (Sec. 4) The bill revises leaseholder status regarding bona fide prospective purchasers. (Sec. 5) The bill expands CERCLA eligibility for nonprofit organizations and qualified community development entities. (Sec. 6) The brownfield site characterization and assessment grant program and the brownfield remediation grant and loan program are revised by authorizing eligible governmental entities to receive grants and loans for property that was acquired before January 11, 2002, even if the entities do not qualify as bona fide prospective purchasers. (Sec. 7) The bill increases the cap on the amount that may be given in grants and loans for each site to be remediated. (Sec. 8) The Environmental Protection Agency (EPA) must establish a program to provide multipurpose grants to carry out inventory, characterization, assessment, planning, or remediation activities at brownfield sites. (Sec. 9) The bill allows grant recipients to use up to 5% of funds for administrative costs.   (Sec. 10) The bill reauthorizes brownfields revitalization funding through FY2022. (Sec. 11) The bill reauthorizes state response programs through FY2022.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Brownfields Reauthorization Act of 
2017''.

SEC. 2. INCREASED FUNDING LIMIT FOR DIRECT REMEDIATION.

    Section 104(k)(3) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(3)) is 
amended by adding at the end the following:
                    ``(E) Exception.--If, in any fiscal year, the 
                amount appropriated under this subsection exceeds 
                $200,000,000, a grant provided in that fiscal year 
                under subparagraph (A)(ii) may not exceed $600,000 for 
                each site to be remediated.''.

SEC. 3. 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 (12) as 
        paragraphs (5) through (13), 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.--A grant 
                        awarded under this paragraph may not exceed 
                        $950,000.
                            ``(ii) Cumulative grant amounts.--The total 
                        amount of grants awarded for each fiscal year 
                        under this paragraph may 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. 4. 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. 5. 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) of this Act) 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 so redesignated) 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 9 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 the costs 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.''.

SEC. 6. 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. 7. AUTHORIZATION OF APPROPRIATIONS.

    Paragraph (13) 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) of this Act) is amended to read as 
follows:
            ``(13) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this subsection 
        $250,000,000 for each of the fiscal years 2017 through 2022.''.

SEC. 8. STATE RESPONSE PROGRAM FUNDING.

    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 ``2022''.