II 

Calendar No. 213 

115TH CONGRESS 

1ST SESSION S. 822 

[Report No. 115–148] 

To amend the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 to modify provisions relating to grants, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 4, 2017 

Mr. INHOFE (for himself, Mr. MARKEY, Mr. ROUNDS, Mr. BOOKER, Mr. 

CRAPO, Mr. KING, Mr. WHITEHOUSE, Mr. CARPER, Mrs. GILLIBRAND, 

and Ms. WARREN) introduced the following bill; which was read twice and 

referred to the Committee on Environment and Public Works 

SEPTEMBER 7, 2017 

Reported by Mr. BARRASSO, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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

relating to 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Brownfields Utiliza3 tion, Investment, and Local Development Act of 2017’’ or 

4 the ‘‘BUILD Act’’. 

5 SEC. 2. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANI6 ZATIONS. 

7 Section 104(k)(1) of the Comprehensive Environ8 mental Response, Compensation, and Liability Act of 

9 1980 (42 U.S.C. 9604(k)(1)) is amended— 

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

11 the semicolon; 

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

13 at the end and inserting a semicolon; and 

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

15 ‘‘(I) an organization described in section 

16 501(c)(3) of the Internal Revenue Code of 1986 

17 and exempt from taxation under section 501(a) 

18 of that Code; 

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

20 all managing members are organizations de21 scribed in subparagraph (I) or limited liability 

22 corporations whose sole members are organiza23 tions described in subparagraph (I); 

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

25 general partners are organizations described in 

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1 tions whose sole members are organizations de2 scribed in subparagraph (I); or 

3 ‘‘(L) a qualified community development 

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

5 Internal Revenue Code of 1986).’’. 

6 SEC. 3. MULTIPURPOSE BROWNFIELDS GRANTS. 

7 Section 104(k) of the Comprehensive Environmental 

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

9 U.S.C. 9604(k)) is amended— 

10 (1) by redesignating paragraphs (4) through 

11 (9) and (10) through (12) as paragraphs (5) 

12 through (10) and (13) through (15), respectively; 

13 (2) in paragraph (3)(A), in the matter pre14 ceding clause (i), by striking ‘‘subject to paragraphs 

15 (4) and (5)’’ and inserting ‘‘subject to paragraphs 

16 (5) and (6)’’; and 

17 (3) by inserting after paragraph (3) the fol18 lowing: 

19 ‘‘(4) MULTIPURPOSE BROWNFIELDS GRANTS.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (D) and paragraphs (5) and (6), the Ad22 ministrator shall establish a program to provide 

23 multipurpose grants to an eligible entity based 

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

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1 ment, planning, or remediation activities at 1 or 

2 more brownfield sites in a proposed area. 

3 ‘‘(B) GRANT AMOUNTS.— 

4 ‘‘(i) INDIVIDUAL GRANT AMOUNTS.— 

5 Each grant awarded under this paragraph 

6 shall not exceed $950,000. 

7 ‘‘(ii) CUMULATIVE GRANT

8 AMOUNTS.—The total amount of grants 

9 awarded for each fiscal year under this 

10 paragraph shall not exceed 15 percent of 

11 the funds made available for the fiscal year 

12 to carry out this subsection. 

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

14 under this paragraph, the Administrator shall 

15 consider the extent to which an eligible entity is 

16 able— 

17 ‘‘(i) to provide an overall plan for re18 vitalization of the 1 or more brownfield 

19 sites in the proposed area in which the 

20 multipurpose grant will be used; 

21 ‘‘(ii) to demonstrate a capacity to con22 duct the range of eligible activities that 

23 will be funded by the multipurpose grant; 

24 and 


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1 ‘‘(iii) to demonstrate that a multipur2 pose grant will meet the needs of the 1 or 

3 more brownfield sites in the proposed area. 

4 ‘‘(D) CONDITION.—As a condition of re5 ceiving a grant under this paragraph, each eli6 gible entity shall expend the full amount of the 

7 grant not later than the date that is 3 years 

8 after the date on which the grant is awarded to 

9 the eligible entity unless the Administrator, in 

10 the discretion of the Administrator, provides an 

11 extension.’’. 

12 SEC. 4. TREATMENT OF CERTAIN PUBLICLY OWNED 

13 BROWNFIELD SITES. 

14 Section 104(k)(2) of the Comprehensive Environ15 mental Response, Compensation, and Liability Act of 

16 1980 (42 U.S.C. 9604(k)(2)) is amended by adding at the 

17 end the following: 

18 ‘‘(C) EXEMPTION FOR CERTAIN PUBLICLY

19 OWNED BROWNFIELD SITES.—Notwithstanding 

20 any other provision of law, an eligible entity 

21 that is a governmental entity may receive a 

22 grant under this paragraph for property ac23 quired by that governmental entity prior to 

24 January 11, 2002, even if the governmental en25 tity does not qualify as a bona fide prospective 


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1 purchaser (as that term is defined in section 

2 101(40)), so long as the eligible entity has not 

3 caused or contributed to a release or threatened 

4 release of a hazardous substance at the prop5 erty.’’. 

6 SEC. 5. INCREASED FUNDING FOR REMEDIATION GRANTS. 

7 Section 104(k)(3)(A)(ii) of the Comprehensive Envi8 ronmental Response, Compensation, and Liability Act of 

9 1980 (42 U.S.C. 9604(k)(3)(A)(ii)) is amended by strik10 ing ‘‘$200,000 for each site to be remediated’’ and insert11 ing ‘‘$500,000 for each site to be remediated, which limit 

12 may be waived by the Administrator, but not to exceed 

13 a total of $650,000 for each site, based on the anticipated 

14 level of contamination, size, or ownership status of the 

15 site’’. 

16 SEC. 6. ALLOWING ADMINISTRATIVE COSTS FOR GRANT 

17 RECIPIENTS. 

18 Paragraph (5) of section 104(k) of the Comprehen19 sive Environmental Response, Compensation, and Liabil20 ity Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by 

21 section 3(1)) is amended— 

22 (1) in subparagraph (B)— 

23 (A) in clause (i)— 

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


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1 (ii) by redesignating subclauses (IV) 

2 and (V) as subclauses (III) and (IV), re3 spectively; 

4 (B) by striking clause (ii); 

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

6 (ii); and 

7 (D) in clause (ii) (as redesignated by sub8 paragraph (C)), by striking ‘‘Notwithstanding 

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

10 clause (i)(III)’’; and 

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

12 ‘‘(E) ADMINISTRATIVE COSTS.— 

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

14 may use up to 8 percent of the amounts 

15 made available under a grant or loan 

16 under this subsection for administrative 

17 costs. 

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

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

20 does not include— 

21 ‘‘(I) investigation and identifica22 tion of the extent of contamination; 

23 ‘‘(II) design and performance of 

24 a response action; or 


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1 ‘‘(III) monitoring of a natural re2 source.’’. 

3 SEC. 7. SMALL COMMUNITY TECHNICAL ASSISTANCE 

4 GRANTS. 

5 Paragraph (7)(A) of section 104(k) of the Com6 prehensive Environmental Response, Compensation, and 

7 Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesig8 nated by section 3(1)) is amended— 

9 (1) by striking ‘‘The Administrator may pro10 vide,’’ and inserting the following: 

11 ‘‘(i) DEFINITIONS.—In this subpara12 graph: 

13 ‘‘(I) DISADVANTAGED AREA.— 

14 The term ‘disadvantaged area’ means 

15 an area with an annual median house16 hold income that is less than 80 per17 cent of the statewide annual median 

18 household income, as determined by 

19 the latest available decennial census. 

20 ‘‘(II) SMALL COMMUNITY.—The 

21 term ‘small community’ means a com22 munity with a population of not more 

23 than 15,000 individuals, as deter24 mined by the latest available decennial 

25 census. 


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1 ‘‘(ii) ESTABLISHMENT OF PRO2 GRAM.—The Administrator shall establish 

3 a program to provide grants that pro4 vide,’’; and 

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

6 ‘‘(iii) SMALL OR DISADVANTAGED

7 COMMUNITY RECIPIENTS.— 

8 ‘‘(I) IN GENERAL.—Subject to 

9 subclause (II), in carrying out the 

10 program under clause (ii), the Admin11 istrator shall use not more than 

12 $600,000 of the amounts made avail13 able to carry out this paragraph to 

14 provide grants to States that receive 

15 amounts under section 128(a) to as16 sist small communities, Indian tribes, 

17 rural areas, or disadvantaged areas in 

18 achieving the purposes described in 

19 clause (ii). 

20 ‘‘(II) LIMITATION.—Each grant 

21 awarded under subclause (I) shall be 

22 not more than $7,500.’’. 

23 SEC. 8. WATERFRONT BROWNFIELDS GRANTS. 

24 Section 104(k) of the Comprehensive Environmental 

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


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1 U.S.C. 9604(k)) is amended by inserting after paragraph 

2 (10) (as redesignated by section 3(1)) the following: 

3 ‘‘(11) WATERFRONT BROWNFIELD SITES.— 

4 ‘‘(A) DEFINITION OF WATERFRONT

5 BROWNFIELD SITE.—In this paragraph, the 

6 term ‘waterfront brownfield site’ means a 

7 brownfield site that is adjacent to a body of 

8 water or a federally designated floodplain. 

9 ‘‘(B) REQUIREMENTS.—In providing 

10 grants under this subsection, the Administrator 

11 shall— 

12 ‘‘(i) take into consideration whether 

13 the brownfield site to be served by the 

14 grant is a waterfront brownfield site; and 

15 ‘‘(ii) give consideration to waterfront 

16 brownfield sites.’’. 

17 SEC. 9. CLEAN ENERGY BROWNFIELDS GRANTS. 

18 Section 104(k) of the Comprehensive Environmental 

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

20 U.S.C. 9604(k)) (as amended by section 8) is amended 

21 by inserting after paragraph (11) the following: 

22 ‘‘(12) CLEAN ENERGY PROJECTS AT

23 BROWNFIELD SITES.— 


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1 ‘‘(A) DEFINITION OF CLEAN ENERGY

2 PROJECT.—In this paragraph, the term ‘clean 

3 energy project’ means— 

4 ‘‘(i) a facility that generates renew5 able electricity from wind, solar, or geo6 thermal energy; and 

7 ‘‘(ii) any energy efficiency improve8 ment project at a facility, including com9 bined heat and power and district energy. 

10 ‘‘(B) ESTABLISHMENT.—The Adminis11 trator shall establish a program to provide 

12 grants— 

13 ‘‘(i) to eligible entities to carry out in14 ventory, characterization, assessment, 

15 planning, feasibility analysis, design, or re16 mediation activities to locate a clean en17 ergy project at 1 or more brownfield sites; 

18 and 

19 ‘‘(ii) to capitalize a revolving loan 

20 fund for the purposes described in clause 

21 (i). 

22 ‘‘(C) MAXIMUM AMOUNT.—A grant under 

23 this paragraph shall not exceed $500,000.’’. 


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1 SEC. 10. TARGETED FUNDING FOR STATES. 

2 Paragraph (15) of section 104(k) of the Comprehen3 sive Environmental Response, Compensation, and Liabil4 ity Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by 

5 section 3(1)) is amended by adding at the end the fol6 lowing: 

7 ‘‘(C) TARGETED FUNDING.—Of the 

8 amounts made available under subparagraph 

9 (A) for a fiscal year, the Administrator may use 

10 not more than $2,000,000 to provide grants to 

11 States for purposes authorized under section 

12 128(a), subject to the condition that each State 

13 that receives a grant under this subparagraph 

14 shall have used at least 50 percent of the 

15 amounts made available to that State in the 

16 previous fiscal year to carry out assessment and 

17 remediation activities under section 128(a).’’. 

18 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

19 (a) BROWNFIELDS REVITALIZATION FUNDING.— 

20 Paragraph (15)(A) of section 104(k) of the Comprehen21 sive Environmental Response, Compensation, and Liabil22 ity Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by 

23 section 3(1)) is amended by striking ‘‘2006’’ and inserting 

24 ‘‘2020’’. 

25 (b) STATE RESPONSE PROGRAMS.—Section 

26 128(a)(3) of the Comprehensive Environmental Response, 


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1 Compensation, and Liability Act of 1980 (42 U.S.C. 

2 9628(a)(3)) is amended by striking ‘‘2006’’ and inserting 

3 ‘‘2020’’. 

4 SECTION 1. SHORT TITLE. 

5 This Act may be cited as the ‘‘Brownfields Utilization, 

6 Investment, and Local Development Act of 2017’’ or the 

7 ‘‘BUILD Act’’. 

8 SEC. 2. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANI9 ZATIONS. 

10 Section 104(k)(1) of the Comprehensive Environ11 mental Response, Compensation, and Liability Act of 1980 

12 (42 U.S.C. 9604(k)(1)) is amended— 

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

14 the semicolon; 

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

16 at the end and inserting a semicolon; and 

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

18 ‘‘(I) an organization described in section 

19 501(c)(3) of the Internal Revenue Code of 1986 

20 and exempt from taxation under section 501(a) 

21 of that Code; 

22 ‘‘(J) a limited liability corporation in 

23 which all managing members are organizations 

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1 ity corporations whose sole members are organi2 zations described in subparagraph (I); 

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

4 general partners are organizations described in 

5 subparagraph (I) or limited liability corpora6 tions whose sole members are organizations de7 scribed in subparagraph (I); or 

8 ‘‘(L) a qualified community development 

9 entity (as defined in section 45D(c)(1) of the In10 ternal Revenue Code of 1986).’’. 

11 SEC. 3. MULTIPURPOSE BROWNFIELDS GRANTS. 

12 Section 104(k) of the Comprehensive Environmental 

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

14 U.S.C. 9604(k)) is amended— 

15 (1) by redesignating paragraphs (4) through (9) 

16 and (10) through (12) as paragraphs (5) through (10) 

17 and (13) through (15), respectively; 

18 (2) in paragraph (3)(A), in the matter preceding 

19 clause (i), by striking ‘‘subject to paragraphs (4) and 

20 (5)’’ and inserting ‘‘subject to paragraphs (5) and 

21 (6)’’; and 

22 (3) by inserting after paragraph (3) the fol23 lowing: 

24 ‘‘(4) MULTIPURPOSE BROWNFIELDS GRANTS.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (D) and paragraphs (5) and (6), the Ad3 ministrator shall establish a program to provide 

4 multipurpose grants to an eligible entity based 

5 on the considerations under paragraph (3)(C), to 

6 carry out inventory, characterization, assess7 ment, planning, or remediation activities at 1 or 

8 more brownfield sites in a proposed area. 

9 ‘‘(B) GRANT AMOUNTS.— 

10 ‘‘(i) INDIVIDUAL GRANT AMOUNTS.— 

11 Each grant awarded under this paragraph 

12 shall not exceed $950,000. 

13 ‘‘(ii) CUMULATIVE GRANT AMOUNTS.— 

14 The total amount of grants awarded for 

15 each fiscal year under this paragraph shall 

16 not exceed 15 percent of the funds made 

17 available for the fiscal year to carry out 

18 this subsection. 

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

20 under this paragraph, the Administrator shall 

21 consider the extent to which an eligible entity is 

22 able— 

23 ‘‘(i) to provide an overall plan for revi24 talization of the 1 or more brownfield sites 


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1 in the proposed area in which the multipur2 pose grant will be used; 

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

5 be funded by the multipurpose grant; and 

6 ‘‘(iii) to demonstrate that a multipur7 pose grant will meet the needs of the 1 or 

8 more brownfield sites in the proposed area. 

9 ‘‘(D) CONDITION.—As a condition of receiv10 ing a grant under this paragraph, each eligible 

11 entity shall expend the full amount of the grant 

12 not later than the date that is 3 years after the 

13 date on which the grant is awarded to the eligi14 ble entity unless the Administrator, in the discre15 tion of the Administrator, provides an exten16 sion.’’. 

17 SEC. 4. TREATMENT OF CERTAIN PUBLICLY OWNED 

18 BROWNFIELD SITES. 

19 Section 104(k)(2) of the Comprehensive Environ20 mental Response, Compensation, and Liability Act of 1980 

21 (42 U.S.C. 9604(k)(2)) is amended by adding at the end 

22 the following: 

23 ‘‘(C) EXEMPTION FOR CERTAIN PUBLICLY

24 OWNED BROWNFIELD SITES.—Notwithstanding 

25 any other provision of law, an eligible entity 


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1 that is a governmental entity may receive a 

2 grant under this paragraph for property ac3 quired by that governmental entity prior to Jan4 uary 11, 2002, even if the governmental entity 

5 does not qualify as a bona fide prospective pur6 chaser (as that term is defined in section 

7 101(40)), so long as the eligible entity has not 

8 caused or contributed to a release or threatened 

9 release of a hazardous substance at the prop10 erty.’’. 

11 SEC. 5. INCREASED FUNDING FOR REMEDIATION GRANTS. 

12 Section 104(k)(3)(A)(ii) of the Comprehensive Envi13 ronmental Response, Compensation, and Liability Act of 

14 1980 (42 U.S.C. 9604(k)(3)(A)(ii)) is amended by striking 

15 ‘‘$200,000 for each site to be remediated’’ and inserting 

16 ‘‘$500,000 for each site to be remediated, which limit may 

17 be waived by the Administrator, but not to exceed a total 

18 of $650,000 for each site, based on the anticipated level of 

19 contamination, size, or ownership status of the site’’. 

20 SEC. 6. ALLOWING ADMINISTRATIVE COSTS FOR GRANT RE21 CIPIENTS. 

22 Paragraph (5) of section 104(k) of the Comprehensive 

23 Environmental Response, Compensation, and Liability Act 

24 of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 

25 3(1)) is amended— 


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1 (1) in subparagraph (B)— 

2 (A) in clause (i)— 

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

4 (ii) by redesignating subclauses (IV) 

5 and (V) as subclauses (III) and (IV), re6 spectively; 

7 (B) by striking clause (ii); 

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

9 (ii); and 

10 (D) in clause (ii) (as redesignated by sub11 paragraph (C)), by striking ‘‘Notwithstanding 

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

13 clause (i)(III)’’; and 

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

15 ‘‘(E) ADMINISTRATIVE COSTS.— 

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

17 may use up to 8 percent of the amounts 

18 made available under a grant or loan under 

19 this subsection for administrative costs. 

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

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

22 does not include— 

23 ‘‘(I) investigation and identifica24 tion of the extent of contamination; 


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1 ‘‘(II) design and performance of a 

2 response action; or 

3 ‘‘(III) monitoring of a natural re4 source.’’. 

5 SEC. 7. SMALL COMMUNITY TECHNICAL ASSISTANCE 

6 GRANTS. 

7 Paragraph (7)(A) of section 104(k) of the Comprehen8 sive Environmental Response, Compensation, and Liability 

9 Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 

10 3(1)) is amended— 

11 (1) by striking ‘‘The Administrator may pro12 vide,’’ and inserting the following: 

13 ‘‘(i) DEFINITIONS.—In this subpara14 graph: 

15 ‘‘(I) DISADVANTAGED AREA.—The 

16 term ‘disadvantaged area’ means an 

17 area with an annual median household 

18 income that is less than 80 percent of 

19 the statewide annual median household 

20 income, as determined by the latest 

21 available decennial census. 

22 ‘‘(II) SMALL COMMUNITY.—The 

23 term ‘small community’ means a com24 munity with a population of not more 

25 than 15,000 individuals, as determined 


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1 by the latest available decennial cen2 sus. 

3 ‘‘(ii) ESTABLISHMENT OF PROGRAM.— 

4 The Administrator shall establish a pro5 gram to provide grants that provide,’’; and 

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

7 ‘‘(iii) SMALL OR DISADVANTAGED COM8 MUNITY RECIPIENTS.— 

9 ‘‘(I) IN GENERAL.—Subject to 

10 subclause (II), in carrying out the pro11 gram under clause (ii), the Adminis12 trator shall use not more than 

13 $600,000 of the amounts made avail14 able to carry out this paragraph to 

15 provide grants to States that receive 

16 amounts under section 128(a) to assist 

17 small communities, Indian tribes, 

18 rural areas, or disadvantaged areas in 

19 achieving the purposes described in 

20 clause (ii). 

21 ‘‘(II) LIMITATION.—Each grant 

22 awarded under subclause (I) shall be 

23 not more than $7,500.’’. 


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1 SEC. 8. WATERFRONT BROWNFIELDS GRANTS. 

2 Section 104(k) of the Comprehensive Environmental 

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

4 U.S.C. 9604(k)) is amended by inserting after paragraph 

5 (10) (as redesignated by section 3(1)) the following: 

6 ‘‘(11) WATERFRONT BROWNFIELD SITES.— 

7 ‘‘(A) DEFINITION OF WATERFRONT

8 BROWNFIELD SITE.—In this paragraph, the term 

9 ‘waterfront brownfield site’ means a brownfield 

10 site that is adjacent to a body of water or a fed11 erally designated floodplain. 

12 ‘‘(B) REQUIREMENTS.—In providing grants 

13 under this subsection, the Administrator shall— 

14 ‘‘(i) take into consideration whether 

15 the brownfield site to be served by the grant 

16 is a waterfront brownfield site; and 

17 ‘‘(ii) give consideration to waterfront 

18 brownfield sites.’’. 

19 SEC. 9. CLEAN ENERGY BROWNFIELDS GRANTS. 

20 Section 104(k) of the Comprehensive Environmental 

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

22 U.S.C. 9604(k)) (as amended by section 8) is amended by 

23 inserting after paragraph (11) the following: 

24 ‘‘(12) CLEAN ENERGY PROJECTS AT BROWNFIELD

25 SITES.— 


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1 ‘‘(A) DEFINITION OF CLEAN ENERGY

2 PROJECT.—In this paragraph, the term ‘clean 

3 energy project’ means— 

4 ‘‘(i) a facility that generates renewable 

5 electricity from wind, solar, or geothermal 

6 energy; and 

7 ‘‘(ii) any energy efficiency improve8 ment project at a facility, including com9 bined heat and power and district energy. 

10 ‘‘(B) ESTABLISHMENT.—The Administrator 

11 shall establish a program to provide grants— 

12 ‘‘(i) to eligible entities to carry out in13 ventory, characterization, assessment, plan14 ning, feasibility analysis, design, or remedi15 ation activities to locate a clean energy 

16 project at 1 or more brownfield sites; and 

17 ‘‘(ii) to capitalize a revolving loan 

18 fund for the purposes described in clause (i). 

19 ‘‘(C) MAXIMUM AMOUNT.—A grant under 

20 this paragraph shall not exceed $500,000.’’. 

21 SEC. 10. TARGETED FUNDING FOR STATES. 

22 Paragraph (15) of section 104(k) of the Comprehensive 

23 Environmental Response, Compensation, and Liability Act 

24 of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 

25 3(1)) is amended by adding at the end the following: 


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1 ‘‘(C) TARGETED FUNDING.—Of the amounts 

2 made available under subparagraph (A) for a 

3 fiscal year, the Administrator may use not more 

4 than $2,000,000 to provide grants to States for 

5 purposes authorized under section 128(a), subject 

6 to the condition that each State that receives a 

7 grant under this subparagraph shall have used 

8 at least 50 percent of the amounts made avail9 able to that State in the previous fiscal year to 

10 carry out assessment and remediation activities 

11 under section 128(a).’’. 

12 SEC. 11. CLARIFICATION OF OWNER OR OPERATOR. 

13 (a) ACQUISITION BY STATE OR LOCAL GOVERNMENT

14 AS SOVEREIGN.— 

15 (1) OWNER OR OPERATOR.—Section 101(20) of 

16 the Comprehensive Environmental Response, Com17 pensation, and Liability Act of 1980 (42 U.S.C. 

18 9601(20)) is amended— 

19 (A) in subparagraph (A), in the first sen20 tence, by striking ‘‘due to bankruptcy’’ and all 

21 that follows through ‘‘local government,’’ and in22 serting ‘‘to a unit of State or local government 

23 through seizure or otherwise in connection with 

24 law enforcement activity; through bankruptcy, 

25 tax delinquency, abandonment, or escheat; 


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1 through any other involuntary transfer or acqui2 sition; through the exercise of eminent domain 

3 authority by purchase or condemnation; or 

4 through other circumstances in which the unit of 

5 State or local government acquires title by virtue 

6 of its function as a sovereign,’’; 

7 (B) in subparagraph (C), by striking ‘‘sec8 tion 107(a)(3) or (4)’’ and inserting ‘‘paragraph 

9 (3) or (4) of section 107(a),’’; and 

10 (C) in subparagraph (D), in the first sen11 tence, by striking ‘‘which acquired’’ and all that 

12 follows through ‘‘by virtue’’ and inserting ‘‘that 

13 acquired ownership or control through seizure or 

14 otherwise in connection with law enforcement ac15 tivity; through bankruptcy, tax delinquency, 

16 abandonment, or escheat; through any other in17 voluntary transfer or acquisition; through the ex18 ercise of eminent domain authority by purchase 

19 or condemnation; or through other circumstances 

20 in which the government acquires title by vir21 tue’’. 

22 (2) CONTRACTUAL RELATIONSHIP.—Section 

23 101(35)(A) of the Comprehensive Environmental Re24 sponse, Compensation, and Liability Act of 1980 (42 

25 U.S.C. 9601(35)(A)) is amended— 


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1 (A) in the matter preceding clause (i), by 

2 striking ‘‘clause (i), (ii), or (iii)’’ and inserting 

3 ‘‘clause (i) or (ii)’’; 

4 (B) by striking clause (ii); and 

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

6 (ii). 

7 (b) ALASKA NATIVE VILLAGE AND NATIVE CORPORA8 TION RELIEF.—Section 101(20) of the Comprehensive En9 vironmental Response, Compensation, and Liability Act of 

10 1980 (42 U.S.C. 9601(20)) is amended— 

11 (1) by redesignating subparagraphs (E) through 

12 (G) as subparagraphs (F) through (H), respectively, 

13 and indenting appropriately; 

14 (2) by inserting after subparagraph (D) the fol15 lowing: 

16 ‘‘(E) EXCLUSION OF CERTAIN ALASKA NA17 TIVE VILLAGES AND NATIVE CORPORATIONS.— 

18 ‘‘(i) IN GENERAL.—The term ‘owner or 

19 operator’ does not include— 

20 ‘‘(I) a Native village or Native 

21 Corporation (as those terms are defined 

22 in section 3 of the Alaska Native 

23 Claims Settlement Act (43 U.S.C. 

24 1602)) that received a contaminated 

25 facility from the United States GovernVerDate Sep 11 2014 23:24 Sep 07, 2017 Jkt 069200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\S822.RS S822

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1 ment under that Act (43 U.S.C. 1601 

2 et seq.); or 

3 ‘‘(II) a successor in interest to a 

4 contaminated facility referred to in 

5 subclause (I) that was conveyed to the 

6 successor in interest under section 

7 14(c) of that Act (43 U.S.C. 1613(c)). 

8 ‘‘(ii) APPLICABILITY.—Clause (i) does 

9 not apply to any Native village, Native 

10 Corporation, or successor in interest that 

11 has caused or contributed to the release or 

12 threatened release of a hazardous substance 

13 from a contaminated facility referred to in 

14 that clause. 

15 ‘‘(iii) LIABILITY.—Any Native village, 

16 Native Corporation, or successor in interest 

17 that causes or contributes to the release or 

18 threatened release of a hazardous substance 

19 from a contaminated facility referred to in 

20 clause (i) shall be subject to the provisions 

21 of this Act in the same manner and to the 

22 same extent, procedurally and substantively, 

23 as any nongovernmental entity, including 

24 liability under section 107.’’; 


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1 (3) in subparagraph (G) (as so redesignated), in 

2 the matter preceding clause (i), by striking ‘‘subpara3 graph (E)’’ and inserting ‘‘subparagraph (F)’’; and 

4 (4) in clause (i)(II) of subparagraph (H) (as so 

5 redesignated), by striking ‘‘1813)’’ and inserting 

6 ‘‘1813))’’. 

7 (c) PROSPECTIVE PURCHASERS AND LESSEES.— 

8 (1) BONA FIDE PROSPECTIVE PURCHASER.—Sec9 tion 101(40) of the Comprehensive Environmental Re10 sponse, Compensation, and Liability Act of 1980 (42 

11 U.S.C. 9601(40)) is amended— 

12 (A) in subparagraph (B)— 

13 (i) by redesignating clauses (i) through 

14 (iii) as subclauses (I) through (III), respec15 tively, and indenting appropriately; 

16 (ii) in subclause (I) (as so redesig17 nated), by striking ‘‘clauses (ii) and (iii)’’ 

18 and inserting ‘‘subclauses (II) and (III)’’; 

19 (iii) in subclause (II) (as so redesig20 nated), by striking ‘‘subparagraph’’ and in21 serting ‘‘clause’’; and 

22 (iv) in subclause (III) (as so redesig23 nated), by striking ‘‘subparagraph’’ and in24 serting ‘‘clause’’; 


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1 (B) in subparagraph (D), by redesignating 

2 clauses (i) through (iii) as subclauses (I) through 

3 (III), respectively, and indenting appropriately; 

4 (C) in subparagraph (F), by redesignating 

5 clauses (i) and (ii) as subclauses (I) and (II), re6 spectively, and indenting appropriately; 

7 (D) in subparagraph (H)— 

8 (i) in clause (i)— 

9 (I) in subclause (II), by inserting 

10 ‘‘, by a tenancy, by the instruments by 

11 which a leasehold interest in the facil12 ity is created,’’ after ‘‘financed’’; and 

13 (II) by redesignating subclauses 

14 (I) and (II) as items (aa) and (bb), re15 spectively, and indenting appro16 priately; and 

17 (ii) by redesignating clauses (i) and 

18 (ii) as subclauses (I) and (II), respectively, 

19 and indenting appropriately; 

20 (E) by redesignating subparagraphs (B) 

21 through (H) as clauses (ii) through (viii), respec22 tively, and indenting appropriately; 

23 (F) by striking the paragraph designation 

24 and heading and all that follows through ‘‘All 


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1 disposal of’’ in subparagraph (A) and inserting 

2 the following: 

3 ‘‘(40) BONA FIDE PROSPECTIVE PURCHASER.— 

4 ‘‘(A) IN GENERAL.—The term ‘bona fide 

5 prospective purchaser’ means— 

6 ‘‘(i) a person that— 

7 ‘‘(I) after January 11, 2002, ac8 quires ownership of a facility; and 

9 ‘‘(II) establishes by a preponder10 ance of the evidence each of the criteria 

11 described in clauses (i) through (viii) 

12 of subparagraph (B); 

13 ‘‘(ii) a tenant of a person described in 

14 clause (i); 

15 ‘‘(iii) a tenant of a person that— 

16 ‘‘(I) formerly met the criteria de17 scribed in clause (i) but no longer 

18 meets that criteria due to a factor un19 related to any action of the tenant; and 

20 ‘‘(II) establishes by a preponder21 ance of the evidence each of the criteria 

22 described in clauses (i), (iii), (iv), (v), 

23 (vi), (vii), and (viii) of subparagraph 

24 (B); and 

25 ‘‘(iv) a person that— 


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1 ‘‘(I) holds a leasehold interest in a 

2 facility; and 

3 ‘‘(II) establishes by a preponder4 ance of the evidence each of the criteria 

5 described in clauses (i) through (viii) 

6 of subparagraph (B). 

7 ‘‘(B) CRITERIA.—The criteria described in 

8 this subparagraph are as follows: 

9 ‘‘(i) DISPOSAL PRIOR TO ACQUISI10 TION.—All disposal of’’; and 

11 (G) by adding at the end the following: 

12 ‘‘(C) SPECIAL RULE.—With respect to a fa13 cility, in any case in which the ownership or 

14 operational control held by a person is estab15 lished by a tenancy or lease, the person shall be 

16 considered to be a bona fide prospective pur17 chaser only if the person establishes by a prepon18 derance of the evidence that the tenancy or lease 

19 is not designed to avoid liability under this Act 

20 by any person that— 

21 ‘‘(i) does not meet the criteria applica22 ble to that person under subparagraph (B); 

23 or 

24 ‘‘(ii) is liable under paragraph (3) or 

25 (4) of section 107(a).’’. 


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1 (2) LIMITATION ON LIABILITY.—Section 

2 107(r)(1) of the Comprehensive Environmental Re3 sponse, Compensation, and Liability Act of 1980 (42 

4 U.S.C. 9607(r)(1)) is amended by striking ‘‘pur5 chaser’s’’ and inserting ‘‘bona fide prospective pur6 chaser’’. 

7 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) BROWNFIELDS REVITALIZATION FUNDING.—Para9 graph (15)(A) of section 104(k) of the Comprehensive Envi10 ronmental Response, Compensation, and Liability Act of 

11 1980 (42 U.S.C. 9604(k)) (as redesignated by section 3(1)) 

12 is amended by striking ‘‘2006’’ and inserting ‘‘2020’’. 

13 (b) STATE RESPONSE PROGRAMS.—Section 128(a)(3) 

14 of the Comprehensive Environmental Response, Compensa15 tion, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is 

16 amended by striking ‘‘2006’’ and inserting ‘‘2020’’. 


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Calendar No. 213 

115TH CONGRESS 

1ST SESSION S. 822 

[Report No. 115–148] 

A BILL 

To amend the Comprehensive Environmental Reother purposes. to modify provisions relating to grants, and for sponse, Compensation, and Liability Act of 1980 

SEPTEMBER 7, 2017 

Reported with an amendment 


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