I

104TH CONGRESS

2D SESSION H. R. 3105

To amend the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 to exempt certain State and local redevelopment

boards or commissions, and fresh start users of facilities purchased

from those boards or commissions, from the liability under that Act.

IN THE HOUSE OF REPRESENTATIVES

MARCH 18, 1996

Mr. WOLF introduced the following bill; which was referred to the Committee

on 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 exempt certain

State and local redevelopment boards or commissions,

and fresh start users of facilities purchased from those

boards or commissions, from the liability under that Act.

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. EXEMPTION FROM CERCLA LIABILITY FOR

2 CERTAIN REDEVELOPMENT AUTHORITIES

3 AND FRESH START FACILITY USERS.

4 (a) EXEMPTION FOR CERTAIN REDEVELOPMENT AU5 THORITIES.—Section 107 of the Comprehensive Environ6 mental Response, Compensation, and Liability Act of

7 1980 is amended by adding the following at the end

8 thereof:

9 ‘‘(n) REDEVELOPMENT AUTHORITIES.—No State or

10 local board, commission, or other entity, or any member

11 thereof, appointed or elected pursuant to State or local

12 law to plan for or implement the redevelopment or reuse

13 of a facility shall be liable under this section for costs or

14 damages with respect to any release or threat of release

15 from the facility to the extent such liability is based solely

16 on the entity’s status as an owner of the facility under

17 paragraph (1) of subsection (a) if such entity—

18 ‘‘(1) has not engaged in any response action at

19 the facility;

20 ‘‘(2) owns the facility or any portion thereof

21 only on a temporary basis prior to transfer to an22 other entity; and

23 ‘‘(3) has not engaged in the generation of any

24 hazardous substance disposed of at such facility.’’.

25 (b) FRESH START USERS.—Section 101(35)(A) of

26 the Comprehensive Environmental Response, Compensa-
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1 tion, and Liability Act of 1980 is amended by striking

2 ‘‘described in clause (i), (ii), or (iii)’’ and inserting ‘‘de3 scribed in clause (i), (ii), (iii), or (iv)’’ and by adding the

4 following after clause (iii):

5 ‘‘(iv) The defendant acquired the facility from

6 a person exempt from liability under section 107(n)

7 and has not engaged in (I) any response action at

8 the facility, (II) disposal of any hazardous substance

9 at the facility, or (III) the generation of any hazard10 ous substance disposed of at such facility. This

11 clause shall not apply to any person who impedes

12 the performance of a response action or natural re13 source restoration at the facility concerned.’’.

14 (c) EFFECTIVE DATE.—The amendments made by

15 subsections (a) and (b) shall apply only with respect to

16 final agency actions, or court orders issued or judicial de17 cisions made, under the Comprehensive Environmental

18 Response, Compensation, and Liability Act of 1980 after

19 the date of the enactment of this Act.

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