Brownfields Enhancement, Economic Redevelopment, and Reauthorization Act of 2017

Summary:  Brownfields Enhancement, Economic Redevelopment, and 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 EPA must consider the production of renewable energy on brownfield sites as part of the grant application ranking process. (Sec. 11) The EPA is allowed to provide grants to assist small communities, Indian tribes, rural areas, or disadvantaged areas for the purpose of establishing a brownfields program. (Sec. 12) The bill reauthorizes brownfields revitalization funding through FY2022. (Sec. 13) The bill reauthorizes state response programs through FY2022.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Brownfields Enhancement, Economic 
Redevelopment, and Reauthorization Act of 2017''.

SEC. 2. REDEVELOPMENT CERTAINTY FOR GOVERNMENTAL ENTITIES.

    Section 101(20)(D) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)(D)) is 
amended by striking ``ownership or control'' and all that follows 
through ``by virtue'' and inserting ``ownership or control through 
seizure or otherwise in connection with law enforcement activity, or 
through bankruptcy, tax delinquency, abandonment, or other 
circumstances in which the government acquires title by virtue''.

SEC. 3. PETROLEUM BROWNFIELD ENHANCEMENT.

    Section 101(39)(D)(ii)(II) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9601(39)(D)(ii)(II)) is amended by amending item (bb) to read as 
follows:
                            ``(bb) is a site for which there is no 
                        viable responsible party and that is determined 
                        by the Administrator or the State, as 
                        appropriate, to be a site that will be 
                        assessed, investigated, or cleaned up by a 
                        person that is not potentially liable for 
                        cleaning up the site under this Act or any 
                        other law pertaining to the cleanup of 
                        petroleum products; and''.

SEC. 4. CLARIFICATION OF LEASEHOLDER INTEREST.

    Section 101(40) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601(40)) is 
amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``(or a tenant of a person) that acquires ownership of'' and 
        inserting ``who acquires ownership of, or a leasehold interest 
        in,'';
            (2) in subparagraph (A), by inserting ``or the leasehold 
        interest in the facility'' before the period at the end;
            (3) in subparagraph (B)--
                    (A) in clause (ii), by inserting ``with respect to 
                a person who acquires ownership of a facility. The 
                Administrator shall establish standards and practices 
                with respect to a person who acquires a leasehold 
                interest in a facility'' before the period at the end; 
                and
                    (B) in clause (iii), by inserting ``, or 
                acquisition of a leasehold interest,'' after ``time of 
                purchase'';
            (4) in subparagraph (H)(i)(II), by inserting ``, by the 
        instruments by which the leasehold interest in the facility is 
        acquired after January 11, 2002,'' after ``financed''; and
            (5) by adding at the end the following:
                    ``(I) Leaseholders.--In the case of a person 
                holding a leasehold interest in a facility--
                            ``(i) the leasehold interest in the 
                        facility--
                                    ``(I) is for a term of not less 
                                than 5 years; and
                                    ``(II) grants the person control 
                                of, and access to, the facility; and
                            ``(ii) the person is responsible for the 
                        management of all hazardous substances at the 
                        facility.''.

SEC. 5. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS.

    (a) 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).''.
    (b) Conforming Amendments.--Section 104(k) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(k)) is amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (A)(ii)--
                            (i) by striking ``or nonprofit 
                        organizations''; and
                            (ii) by striking ``entity or organization'' 
                        and inserting ``eligible entity''; and
                    (B) in subparagraph (B)(ii)--
                            (i) by striking ``or other nonprofit 
                        organization''; and
                            (ii) by striking ``or nonprofit 
                        organization''; and
            (2) in paragraph (6)(A), by striking ``or nonprofit 
        organizations''.

SEC. 6. TREATMENT OF PUBLICLY OWNED BROWNFIELD SITES.

    Section 104(k) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604) is amended--
            (1) in paragraph (2), by adding at the end the following:
                    ``(C) Exemption for certain publicly owned 
                brownfield sites.--Notwithstanding any other provision 
                of law, an eligible entity described in any of 
                subparagraphs (A) through (H) of paragraph (1) may 
                receive a grant under this paragraph for property 
                acquired by that eligible entity prior to January 11, 
                2002, even if such eligible entity does not qualify as 
                a bona fide prospective purchaser, so long as the 
                eligible entity has not caused or contributed to a 
                release or threatened release of a hazardous substance 
                at the property.'';
            (2) in paragraph (3), by adding at the end the following:
                    ``(E) Exemption for certain publicly owned 
                brownfield sites.--Notwithstanding any other provision 
                of law, an eligible entity described in any of 
                subparagraphs (A) through (H) of paragraph (1) may 
                receive a grant or loan under this paragraph for 
                property acquired by that eligible entity prior to 
                January 11, 2002, even if such eligible entity does not 
                qualify as a bona fide prospective purchaser, so long 
                as the eligible entity has not caused or contributed to 
                a release or threatened release of a hazardous 
                substance at the property.''; and
            (3) in paragraph (4)(B)(iii)--
                    (A) by striking ``up to 25 percent of the''; and
                    (B) by inserting ``described in any of 
                subparagraphs (A) through (H) of paragraph (1)'' after 
                ``eligible entities''.

SEC. 7. REMEDIATION GRANT ENHANCEMENT.

    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 $750,000 for each site, based on the anticipated 
level of contamination, size, or ownership status of the site''.

SEC. 8. 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)'';
            (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 criteria under 
                subparagraph (C) and the considerations under paragraph 
                (3)(C), to carry out inventory, characterization, 
                assessment, planning, or remediation activities at 1 or 
                more brownfield sites in an area proposed by the 
                eligible entity.
                    ``(B) Grant amounts.--
                            ``(i) Individual grant amounts.--Each grant 
                        awarded under this paragraph shall not exceed 
                        $1,000,000.
                            ``(ii) Cumulative grant amounts.--The total 
                        amount of grants awarded for each fiscal year 
                        under this paragraph may not exceed 15 percent 
                        of the amounts 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 the 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 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 5 years after the date on which the grant 
                is awarded to the eligible entity, unless the 
                Administrator provides an extension.
                    ``(E) Ownership.--An eligible entity that receives 
                a grant under this paragraph may not expend any of the 
                grant funds on remediation of a brownfield site until 
                such time as the eligible entity owns the brownfield 
                site.''; and
            (4) by striking ``(2) or (3)'' each place it appears and 
        inserting ``(2), (3), or (4)''.

SEC. 9. 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 8 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 redesignated by subparagraph 
                (C) of this paragraph), 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 5 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 of a brownfield site;
                                    ``(II) design and performance of a 
                                response action; or
                                    ``(III) monitoring of a natural 
                                resource.''.

SEC. 10. RENEWABLE ENERGY ON BROWNFIELD SITES.

    Paragraph (6) 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 8 of this Act) is amended by adding at the 
end of subparagraph (C) the following:
                            ``(xi) The extent to which a grant would 
                        facilitate the production of renewable energy 
                        on the site.''.

SEC. 11. SMALL COMMUNITY TECHNICAL ASSISTANCE GRANTS.

    (a) In General.--Section 128(a)(1)(B) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9628(a)(1)(B)) is amended--
            (1) in clause (ii)--
                    (A) in subclause (I), by striking ``; or'' and 
                inserting a semicolon;
                    (B) in subclause (II), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
                                    ``(III) assist small communities, 
                                Indian tribes, rural areas, or 
                                disadvantaged areas in carrying out 
                                activities described in section 
                                104(k)(7)(A) with respect to brownfield 
                                sites.''; and
            (2) by adding at the end the following:
                            ``(iii) Small communities, indian tribes, 
                        rural areas, and disadvantaged areas.--
                                    ``(I) In general.--To make grants 
                                to States or Indian tribes under clause 
                                (ii)(III), the Administrator may use 
                                not more than $1,500,000 of the amounts 
                                made available to carry out section 
                                104(k)(7) in each fiscal year.
                                    ``(II) Limitation.--Each grant made 
                                under subclause (I) may be not more 
                                than $20,000.
                            ``(iv) Definitions.--In this subparagraph:
                                    ``(I) Disadvantaged area.--The term 
                                `disadvantaged area' means a community 
                                with an annual median household income 
                                that is less than 2/3 of the statewide 
                                annual median household income, as 
                                determined by the President based on 
                                the latest available decennial census.
                                    ``(II) Small community.--The term 
                                `small community' means a community 
                                with a population of not more than 
                                10,000 individuals, as determined by 
                                the President based on the latest 
                                available decennial census.''.
    (b) Conforming Amendment.--Section 104(g)(1) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(g)(1)) is amended by inserting ``or section 
128(a)(1)(B)(ii)(III)'' after ``under this section''.

SEC. 12. BROWNFIELDS FUNDING.

    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 8 of this Act) is amended to read as 
follows:
            ``(13) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this subsection 
        $200,000,000 for each of fiscal years 2018 through 2022.''.

SEC. 13. 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 to read as follows:
            ``(3) Funding.--There is authorized to be appropriated to 
        carry out this subsection $50,000,000 for each of fiscal years 
        2018 through 2022.''.

            Passed the House of Representatives November 30, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.