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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4915 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4915

 To amend the Comprehensive Environmental Response, Compensation, and 
   Liability Act of 1980 to add States to the governmental entities 
eligible for reimbursement for emergency removal actions and to clarify 
      authority to take such actions at illicit drug laboratories.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 5, 1994

 Mr. Stupak (for himself, Mr. Barcia of Michigan, Mr. Condit, and Mr. 
Horn) introduced the following bill; which was referred jointly to the 
 Committees on Energy and Commerce and Public Works and Transportation

_______________________________________________________________________

                                 A BILL

 
 To amend the Comprehensive Environmental Response, Compensation, and 
   Liability Act of 1980 to add States to the governmental entities 
eligible for reimbursement for emergency removal actions and to clarify 
      authority to take such actions at illicit drug laboratories.

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

SECTION 1. ADDITION OF STATES TO GOVERNMENTAL ENTITIES ELIGIBLE FOR 
              REIMBURSEMENT FOR EMERGENCY REMOVAL ACTIONS; 
              CLARIFICATION OF AUTHORITY TO TAKE EMERGENCY RESPONSE 
              ACTION AT ILLICIT DRUG LABORATORIES.

    (a) Amendment of Section 123.--Section 123 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9623) is amended to read as follows:

``SEC. 123. REIMBURSEMENT TO STATE AND LOCAL GOVERNMENTS.

    ``(a) Application.--Any State or general purpose unit of local 
government for a political subdivision of a State that is affected by a 
release or threatened release at any facility may apply to the 
President for reimbursement under this section.
    ``(b) Reimbursement.--
            ``(1) Emergency response actions.--The President is 
        authorized to reimburse States and local community authorities 
        for expenses incurred (before or after the enactment of the 
        Superfund Reform Act of 1994) in carrying out emergency 
        response actions necessary to prevent or mitigate injury to 
        human health or the environment associated with the release or 
        threatened release of any hazardous substance or pollutant or 
        contaminant. Such actions may include, where appropriate, 
        security fencing to limit access, cleanup of illicit drug 
        laboratories, response to fires and explosions, and other 
        measures that require immediate response at the State or local 
        level.
            ``(2) State or local funds not supplanted.--Reimbursement 
        under this section shall not supplant State or local funds 
        normally provided for response.
    ``(c) Amount.--(1) The amount of any reimbursement to a local 
authority under subsection (b)(1) may not exceed $25,000 for a single 
response. The reimbursement under this section with respect to a single 
facility shall be limited to the units of local government having 
jurisdiction over the political subdivision in which the facility is 
located.
    ``(2) The amount of any reimbursement to a State under subsection 
(b)(1) may not exceed $50,000 for a single response. The reimbursement 
under this section with respect to a single facility shall be limited 
to the State in which the facility is located.
    ``(3) The amounts allowed for State and local governments under 
subsection (b)(1) may not be combined for any single response action.
    ``(d) Procedure.--Reimbursements authorized pursuant to this 
section shall be in accordance with rules promulgated by the 
Administrator.''.
    (b) Amendment of Section 111.--Paragraph (11) of section 111(c) of 
such Act is amended--
            (1) by striking out ``Local government reimbursement.--'' 
        and inserting in lieu thereof ``State and local government 
        reimbursement.--(A)''; and
            (2) by adding at the end the following new subparagraph:
            ``(B) Reimbursements to States under section 123, except 
        that no State may receive more than $2,000,000 in any one 
        fiscal year.''.
    (c) Deadline for Regulations.--The Administrator of Environmental 
Protection Agency shall promulgate regulations to implement section 123 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9623), as amended by subsection (a), 
not later than one year after the date of the enactment of this Act.
                                 <all>
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