I 

114TH CONGRESS 

2D SESSION H. R. 4463 

To amend the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 to modify provisions relating to brownfield remediation grants, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2016 

Ms. ESTY (for herself and Mr. GIBSON) introduced the following bill; which 

was referred to the Committee on Energy and Commerce, and in addition 

to the Committee on Transportation and Infrastructure, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to modify provisions 

relating to brownfield remediation grants, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Brownfields Reauthor5 ization Act of 2016’’. 


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1 SEC. 2. INCREASED FUNDING LIMIT FOR DIRECT REMEDI2 ATION. 

3 Section 104(k)(3)(A) of the Comprehensive Environ4 mental Response, Compensation, and Liability Act of 

5 1980 (42 U.S.C. 9604(k)(3)(A)), is amended— 

6 (1) by redesignating subparagraphs (B) 

7 through (D) as paragraphs (C) through (E), respec8 tively; and 

9 (2) by inserting after subparagraph (A) the fol10 lowing: 

11 ‘‘(B) EXCEPTION.—If, in any fiscal year, 

12 the amount appropriated under this subsection 

13 exceeds $200,000,000, a grant provided under 

14 subparagraph (A)(ii) shall not exceed $300,000 

15 for each site to be remediated.’’. 

16 SEC. 3. MULTIPURPOSE BROWNFIELDS GRANTS. 

17 Section 104(k) of the Comprehensive Environmental 

18 Response, Compensation, and Liability Act of 1980 (42 

19 U.S.C. 9604(k)) is amended— 

20 (1) by redesignating paragraphs (4) through 

21 (12) as paragraphs (5) through (13), respectively; 

22 (2) in paragraph (3)(A), by striking ‘‘Subject to 

23 paragraphs (4) and (5)’’ and inserting ‘‘Subject to 

24 paragraphs (5) and (6)’’; and 

25 (3) by inserting after paragraph (3) the fol26 lowing: 


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1 ‘‘(4) MULTIPURPOSE BROWNFIELDS GRANTS.— 

2 ‘‘(A) IN GENERAL.—Subject to subpara3 graph (D) and paragraphs (5) and (6), the Ad4 ministrator shall establish a program to provide 

5 multipurpose grants to an eligible entity based 

6 on the considerations under paragraph (3)(C), 

7 to carry out inventory, characterization, assess8 ment, planning, or remediation activities at 1 or 

9 more brownfield sites in a proposed area. 

10 ‘‘(B) GRANT AMOUNTS.— 

11 ‘‘(i) INDIVIDUAL GRANT AMOUNTS.— 

12 Each grant awarded under this paragraph 

13 shall not exceed $950,000. 

14 ‘‘(ii) CUMULATIVE GRANT

15 AMOUNTS.—The total amount of grants 

16 awarded for each fiscal year under this 

17 paragraph shall not exceed 15 percent of 

18 the funds made available for the fiscal year 

19 to carry out this subsection. 

20 ‘‘(C) CRITERIA.—In awarding a grant 

21 under this paragraph, the Administrator shall 

22 consider the extent to which an eligible entity is 

23 able— 

24 ‘‘(i) to provide an overall plan for re25 vitalization of the 1 or more brownfield 


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1 sites in the proposed area in which the 

2 multipurpose grant will be used; 

3 ‘‘(ii) to demonstrate a capacity to con4 duct the range of eligible activities that 

5 will be funded by the multipurpose grant; 

6 and 

7 ‘‘(iii) to demonstrate that a multipur8 pose grant will meet the needs of the 1 or 

9 more brownfield sites in the proposed area. 

10 ‘‘(D) CONDITION.—As a condition of re11 ceiving a grant under this paragraph, each eli12 gible entity shall expend the full amount of the 

13 grant not later than the date that is 3 years 

14 after the date on which the grant is awarded to 

15 the eligible entity unless the Administrator, in 

16 the discretion of the Administrator, provides an 

17 extension.’’. 

18 SEC. 4. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANI19 ZATIONS. 

20 Section 104(k)(1) of the Comprehensive Environ21 mental Response, Compensation, and Liability Act of 

22 1980 (42 U.S.C. 9604(k)(1)) is amended— 

23 (1) in subparagraph (G), by striking ‘‘or’’ after 

24 the semicolon; 


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1 (2) in subparagraph (H), by striking the period 

2 at the end and inserting a semicolon; and 

3 (3) by adding at the end the following: 

4 ‘‘(I) an organization described in section 

5 501(c)(3) of the Internal Revenue Code of 1986 

6 and exempt from taxation under section 501(a) 

7 of that Code; 

8 ‘‘(J) a limited liability corporation in which 

9 all managing members are organizations de10 scribed in subparagraph (I) or limited liability 

11 corporations whose sole members are organiza12 tions described in subparagraph (I); 

13 ‘‘(K) a limited partnership in which all 

14 general partners are organizations described in 

15 subparagraph (I) or limited liability corpora16 tions whose sole members are organizations de17 scribed in subparagraph (I); or 

18 ‘‘(L) a qualified community development 

19 entity (as defined in section 45D(c)(1) of the 

20 Internal Revenue Code of 1986).’’. 

21 SEC. 5. ALLOWING ADMINISTRATIVE COSTS FOR GRANT 

22 RECIPIENTS. 

23 Paragraph (5) of section 104(k) of the Comprehen24 sive Environmental Response, Compensation, and LiabilVerDate Sep 11 2014 02:01 Feb 06, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4463.IH H4463

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1 ity Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by 

2 section 3(1) of this Act) is amended— 

3 (1) in subparagraph (B)— 

4 (A) in clause (i)— 

5 (i) by striking subclause (III); and 

6 (ii) by redesignating subclauses (IV) 

7 and (V) as subclauses (III) and (IV), re8 spectively; 

9 (B) by striking clause (ii); 

10 (C) by redesignating clause (iii) as clause 

11 (ii); and 

12 (D) in clause (ii) (as redesignated by sub13 paragraph (C)), by striking ‘‘Notwithstanding 

14 clause (i)(IV)’’ and inserting ‘‘Notwithstanding 

15 clause (i)(III)’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(E) ADMINISTRATIVE COSTS.— 

18 ‘‘(i) IN GENERAL.—An eligible entity 

19 may use up to 8 percent of the amounts 

20 made available under a grant or loan 

21 under this subsection for administrative 

22 costs. 

23 ‘‘(ii) RESTRICTION.—For purposes of 

24 clause (i), the term ‘administrative costs’ 

25 does not include— 


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1 ‘‘(I) investigation and identifica2 tion of the extent of contamination; 

3 ‘‘(II) design and performance of 

4 a response action; or 

5 ‘‘(III) monitoring of a natural re6 source.’’. 

7 SEC. 6. TREATMENT OF CERTAIN PUBLICLY OWNED 

8 BROWNFIELD SITES. 

9 Section 104(k)(2) of the Comprehensive Environ10 mental Response, Compensation, and Liability Act of 

11 1980 (42 U.S.C. 9604(k)(2)) is amended by adding at the 

12 end the following: 

13 ‘‘(C) EXEMPTION FOR CERTAIN PUBLICLY

14 OWNED BROWNFIELD SITES.—Notwithstanding 

15 any other provision of law, an eligible entity 

16 that is a governmental entity may receive a 

17 grant under this paragraph for property ac18 quired by that governmental entity prior to 

19 January 11, 2002, even if the governmental en20 tity does not qualify as a bona fide prospective 

21 purchaser (as that term is defined in section 

22 101(40)), so long as the eligible entity has not 

23 caused or contributed to a release or threatened 

24 release of a hazardous substance at the prop25 erty.’’. 


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1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

2 Amend section 104(k)(12) of the Comprehensive En3 vironmental Response, Compensation, and Liability Act of 

4 1980 (42 U.S.C. 9604(k)(12)) to read as follows: 

5 ‘‘(12) AUTHORIZATION OF APPROPRIATIONS.— 

6 There is authorized to be appropriated to carry out 

7 this subsection $250,000,000 for each of the fiscal 

8 years 2016 through 2021.’’. 

9 SEC. 8. STATE RESPONSE PROGRAM FUNDING. 

10 Section 128(a)(3) of the Comprehensive Environ11 mental Response, Compensation, and Liability Act of 

12 1980 (42 U.S.C. 9628(a)(3)) is amended by striking 

13 ‘‘2006’’ and inserting ‘‘2021’’. 

Æ 


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