89–010 

Calendar No. 434 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–210 

CLEANFIELDS INVESTMENT ACT 

JUNE 18, 2010.—Ordered to be printed 

Mrs. BOXER, from the Committee on Environment and Public 

Works, submitted the following 

R E P O R T 

[To accompany S. 3374] 

together with 

MINORITY VIEWS 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works, to which was 

referred the bill (S. 3374) to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to establish a grant program to revitalize brownfield sites for the purpose 

of locating renewable electricity generation facilities on those sites, 

reports favorably thereon with amendments and recommends that 

the bill, as amended, do pass. 

PURPOSES OF THE LEGISLATION

The purpose of the Cleanfields Investment Act (the Act) is to au- thorize $50 million annually in grants for the inventory, assessment, planning, and remediation of brownfields for the purpose of 

locating renewable electricity generation or manufacturing facilities 

on those sites. 

GENERAL STATEMENT AND BACKGROUND

The Act amends the Comprehensive Environmental Response, 

Compensation, and Liability Act of 1980 to establish a grant program to revitalize brownfield sites for the purpose of locating renewable electricity generation or manufacturing facilities on those 

sites. 


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The Environmental Protection Agency (EPA) has estimated that 

over 4,000 brownfield sites have robust renewable resource potential. On all the contaminated sites that EPA tracks, there are about 

17,000 megawatts (MW) of utility-scale wind potential and over 

915,000 MW of utility-scale solar potential. 

According to EPA, brownfields clean-ups have created over 61,000 jobs nationwide, leveraged over $18.00 per each EPA dollar 

spent, increased residential property values 2 to 3 percent, and increased overall property values within a one mile radius of the site 

by $0.5 million to $1.5 million. The Act will expand the program 

to stimulate jobs in the renewable electricity industry, while also 

helping to preserve open spaces and protect the environment and 

public health. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 provides that the Act may be cited as the ‘‘Cleanfields 

Investment Act’’. 

Section 2. Purpose 

Section 2 provides that the purpose of this Act is to establish a 

program to fund grants to inventory, characterize, assess, and conduct planning relating to brownfield sites for the purpose of locating renewable electricity generation or manufacturing facilities on 

those brownfield sites; or for use in remediating brownfield sites for 

the purpose of locating renewable electricity generation or manufacturing facilities on those brownfield sites. 

Section 3. Definitions 

Section 3 amends Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to include definitions for ‘‘Renewable Electricity Generation Facility’’ 

and ‘‘Renewable Energy Manufacturing Facility.’’ 

Section 4. Renewable electricity brownfield site funding 

Section 4 amends Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to authorize a grant program to inventory, characterize, assess, conduct 

planning, and remediate brownfield sites for the purpose of locating 

renewable electricity generation or manufacturing facilities on 

those sites. Section 4 also specifies permissible uses of grants and 

requires the EPA Administrator to issue guidance and ranking criteria for the awarding of grants. Section 4 authorizes $50,000,000 

annually to fund grants from 2011 through 2016. 

LEGISLATIVE HISTORY

On May 13, 2010, Senator Lautenberg introduced S. 3374. On 

May 20, 2010, the Environment and Public Works Committee held 

a business meeting to consider the bill. Senator Inhofe offered an 

amendment to expand the grant program to apply to contaminated 

sites other than brownfields, and the amendment was rejected with 

six votes in favor of the amendment and eleven opposed. Senator 

Merkley offered an amendment to allow renewable energy manufacturing facilities to receive grants under the Act, and the amendVerDate Mar 15 2010 04:21 Jun 19, 2010 Jkt 089010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR210.XXX SR210

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ment was agreed to by voice vote. S. 3374 was ordered favorably 

reported as amended by a voice vote. 

HEARINGS

No hearings were held to consider the Act. 

ROLLCALL VOTES

The Committee on Environment and Public Works ordered S. 

3374 favorably reported by voice vote on May 20, 2010. No rollcall 

votes were taken. 

REGULATORY IMPACT STATEMENT

In compliance with section 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes evaluation of the regulatory impact of the reported bill. The Committee finds that this 

legislation, which provides grants to inventory, characterize, assess, conduct planning related to, and to remediate brownfield sites 

for the purpose of locating renewable electricity generation or manufacturing facilities, does not have substantial regulatory impacts. 

MANDATES ASSESSMENT

In compliance with the Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4), the Committee finds that this legislation does not 

impose intergovernmental mandates or private sector mandates as 

those terms are defined in UMRA. The Congressional Budget Office 

concurs, finding ‘‘S. 3374 contains no intergovernmental or privatesector mandates as defined in UMRA and would impose no costs 

on state, local, or tribal governments.’’ 

MAY 24, 2010. 

Hon. BARBARA BOXER, 

Chairman, Committee on Environment and Public Works, 

U.S. Senate, Washington, DC. 

DEAR MADAM CHAIRMAN: The Congressional Budget Office has 

prepared the enclosed cost estimate for S. 3374, the Cleanfields Investment Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Susanne S. Mehlman. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 3374—Cleanfields Investment Act 

Summary: S. 3374 would authorize the Environmental Protection 

Agency to provide grants to nonprofit organizations, units of local 

government, and other eligible entities for locating renewable energy facilities (including renewable energy manufacturing facilities) 

on brownfield sites. This legislation would authorize the appropriation of $50 million annually over the 2011–2015 period for such 

grants. Assuming appropriation of the necessary amounts, CBO estimates that implementing S. 3374 would cost $195 million over 

the 2011–2015 period. 


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Pay-as-you-go procedures would not apply to this legislation because it would not affect direct spending or revenues. 

S. 3374 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. 3374 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— 

2011 2012 2013 2014 2015 2011–2015 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ............................................................................. 50 50 50 50 50 250 

Estimated Outlays .............................................................................. 3 43 49 50 50 195 

Basis of estimate: For this estimate, CBO assumes that S. 3374 

will be enacted near the beginning of fiscal year 2011 and that authorized amounts will be appropriated in each year starting in 

2011. Estimated outlays are based on historical spending patterns 

for similar programs. 

Intergovernmental and private-sector impact: S. 3374 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on State, local, or tribal governments. 

Estimate prepared by: Federal costs: Susanne S. Mehlman; Impact on State, local, and tribal governments: Ryan Miller; Impact 

on the Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 


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MINORITY VIEWS OF SENATOR INHOFE 

I agree with the overall intention of Senator Lautenberg’s S. 

3374, the Cleanfields Investment Act. I believe, however, the scope 

of contaminated lands that are considered within this bill is far too 

narrow. Brownfields redevelopment should be and is encouraged. 

Cleaning up our contaminated lands is always a winning proposition and coupling that cleanup with renewable energy development is a smart choice. Limiting this bill to just brownfields properties denies other contaminated lands an opportunity to be developed. 

According to the U.S. Energy Information Administration’s Annual Energy Outlook 2008, by 2030 U.S. electricity production will 

need to increase by nearly 30 percent to meet growing demand. 

Looking to develop contaminated lands is a practical idea that 

should be strived for and encouraged. 

Even the Environmental Protection Agency believes in this ideal. 

EPA’s RE-Powering America’s Land Initiative seeks to develop renewable energy on contaminated land. Under this initiative EPA 

does not limit contaminated land to just brownfields. Resource Conservation and Recovery Act lands, abandoned mine lands, landfills 

and superfund sites are all considered under this initiative. In fact, 

EPA tracks approximately 490,000 sites and 15 million acres of potentially contaminated land across the United States. 

Under EPA’s initiative, there are 65 contaminated sites in my 

home state of Oklahoma that could be used for renewable energy 

development. S. 3374 would only consider 35 brownfields sites in 

Oklahoma. In California, EPA’s initiative identified 205 contaminated sites. S. 3374 would only consider the 6 brownfields sites and 

exclude the 199 other contaminated sites. EPA’s initiative identifies 75 sites in New Mexico, of which only 9 brownfields would be 

eligible under S. 3374. 

Brownfields are typically located in urban areas and are much 

smaller in size and acreage as compared to other contaminated 

lands. I feel that on the issue of location and size alone, all contaminated land should be considered. There is no logical reason to 

limit the choices, especially considering that under S. 3374, EPA 

will be the agency determining and awarding the grants. 

JAMES M. INHOFE. 


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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 øblack 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) * * * 

* * * * * * * 

(42) RENEWABLE ELECTRICITY GENERATION FACILITY.—The 

term ‘renewable electricity generation facility’ means a facility 

that generates renewable electricity from wind energy, solar energy, or geothermal energy. 

(43) RENEWABLE ENERGY MANUFACTURING FACILITY.—The 

term ‘renewable energy manufacturing facility’ means a facility 

that manufactures components or systems for use in generating 

renewable electricity from wind energy, solar energy, or geothermal energy. 

* * * * * * * 

SEC. 104. (a)(1)* * * 

* * * * * * * 

(k) BROWNFIELDS REVITALIZATION FUNDING.— 

(1) DEFINITION OF ELIGIBLE ENTITY.—In this subsection, the 

term ‘‘eligible entity’’ means— 

(A) * * * 

* * * * * * * 

(11) 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) RENEWABLE ELECTRICITY BROWNFIELD SITE FUNDING.— 


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(A) IN GENERAL.—The Administrator shall establish a 

program to provide grants to— 

(i) eligible entities, to be used for capitalization of revolving loan funds to provide assistance in accordance 

with subparagraph (B); and 

(ii) eligible entities or nonprofit organizations, as determined by the Administrator in accordance with subparagraph (C), to be used directly— 

(I) to inventory, characterize, assess, and conduct 

planning relating to 1 or more brownfield sites for 

the purpose of locating a renewable electricity generation facility or a renewable energy manufacturing facility on those brownfield sites; or 

(II) for remediation of 1 or more brownfield sites 

for the purpose of locating a renewable electricity 

generation facility or a renewable energy manufacturing facility on those brownfield sites. 

(B) USE OF LOAN AND GRANT FUNDS PROVIDED BY ELIGIBLE ENTITIES.—An eligible entity that receives a grant 

under subparagraph (A)(i) shall use the grant to provide 

assistance for a purpose described in subparagraph (A)(ii) 

in the form of 1 or more— 

(i) loans to an eligible entity, site owner, site developer, or other person; or 

(ii) grants to an eligible entity or other nonprofit organization, where warranted, as determined in accordance with subparagraph (C) by the eligible entity that 

is providing the assistance. 

(C) CONSIDERATIONS.— 

(i) IN GENERAL.—Not later than 90 days after the 

date of enactment of the Cleanfields Investment Act, 

the Administrator shall issue guidance describing the 

considerations to be used in determining whether a 

grant under subparagraph (A) is warranted for a purpose described in subparagraph (A)(ii). 

(ii) USE OF GUIDANCE.—The guidance issued under 

clause (i) shall be used by the Administrator or an eligible entity, as the case may be, to determine whether 

a grant under subparagraph (A) is warranted. 

(D) RANKING CRITERIA.— 

(i) IN GENERAL.—The Administrator shall issue 

ranking criteria to be used in determining whether a 

grant under subparagraph (A) is warranted for a purpose described in subparagraph (A)(ii). 

(ii) USE OF RANKING CRITERIA.—The ranking criteria 

issued under clause (i) shall be used by the Administrator or an eligible entity, as the case may be, to determine whether a grant under subparagraph (A) is warranted. 

(E) IMPLEMENTATION.—Paragraphs (4), (5)(A), (5)(B), 

and (6) through (11) shall apply to the implementation of 

this paragraph. 

ø(12)¿(13) FUNDING.— 


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(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. 

(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) AUTHORIZATION OF APPROPRIATIONS FOR RENEWABLE

ELECTRICITY GENERATION FACILITY AND RENEWABLE EN- ERGY MANUFACTURING FACILITY BROWNFIELDS FUNDING.— There is authorized to be appropriated to the Administrator, to fund grants to inventory, characterize, assess, and 

conduct planning relating to brownfield sites for the purpose of locating renewable electricity generation facilities or 

renewable energy manufacturing facilities on those 

brownfield sites, or for remediation of brownfield sites for 

the purpose of locating renewable electricity generation facilities or renewable energy manufacturing facilities on 

those brownfield sites, $50,000,000 for each of fiscal years 

2011 through 2016. 

Æ 


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