II

Calendar No. 554

107TH CONGRESS

2D SESSION S. 1079

[Report No. 107–244]

To amend the Public Works and Economic Development Act of 1965 to

provide assistance to communities for the redevelopment of brownfield sites.

IN THE SENATE OF THE UNITED STATES

JUNE 21, 2001

Mr. LEVIN (for himself, Mr. JEFFORDS, Mr. BAUCUS, Mr. KENNEDY, Ms.

STABENOW, Mr. REID, Mr. SCHUMER, Mr. LEAHY, Mr. CORZINE, Mr.

SARBANES, Mr. DAYTON, Mr. LIEBERMAN, Mr. CLELAND, Mr. INOUYE,

Mr. REED, and Mrs. CLINTON) introduced the following bill; which was

read twice and referred to the Committee on Environment and Public

Works

AUGUST 28, 2002

Reported under authority of the order of the Senate of July 29, 2002, by Mr.

JEFFORDS, with an amendment

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

A BILL

To amend the Public Works and Economic Development

Act of 1965 to provide assistance to communities for

the redevelopment of brownfield sites.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 1079 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Brownfield Site Rede3 velopment Assistance Act of 2001’’.

4 SEC. 2. PURPOSES.

5 Consistent with section 2 of the Public Works and

6 Economic Development Act of 1965 (42 U.S.C. 3121), the

7 purposes of this Act are—

8 (1) to provide targeted assistance, including

9 planning assistance, for projects that promote the

10 redevelopment, restoration, and economic recovery of

11 brownfield sites; and

12 (2) through such assistance, to further the

13 goals of restoring the employment and tax bases of,

14 and bringing new income and private investment to,

15 distressed communities that have not participated

16 fully in the economic growth of the United States

17 because of a lack of an adequate private sector tax

18 base to support essential public services and facili19 ties.

20 SEC. 3. DEFINITIONS.

21 Section 3 of the Public Works and Economic Devel22 opment Act of 1965 (42 U.S.C. 3122) is amended—

23 (1) by redesignating paragraphs (1) through

24 (10) as paragraphs (2) through (11), respectively;

25 (2) by inserting before paragraph (2) (as so re26 designated) the following:
3

•S 1079 RS

1 ‘‘(1) BROWNFIELD SITE.—

2 ‘‘(A) IN GENERAL.—The term ‘brownfield

3 site’ means real property, the expansion, rede4 velopment, or reuse of which may be com5 plicated by the presence or potential presence

6 of—

7 ‘‘(i) a hazardous substance (as defined

8 in section 101 of the Comprehensive Envi9 ronmental Response, Compensation, and

10 Liability Act of 1980 (42 U.S.C. 9601));

11 or

12 ‘‘(ii) any other pollutant or contami13 nant, as determined by the Secretary, in

14 consultation with the Administrator of the

15 Environmental Protection Agency.

16 ‘‘(B) EXCLUSIONS.—Except as provided in

17 subparagraph (C), the term ‘brownfield site’

18 does not include—

19 ‘‘(i) a facility that is the subject of a

20 planned or ongoing removal action under

21 the Comprehensive Environmental Re22 sponse, Compensation, and Liability Act of

23 1980 (42 U.S.C. 9601 et seq.);
4

•S 1079 RS

1 ‘‘(ii) a facility that is listed on the Na2 tional Priorities List, or is proposed for

3 listing on that list, under that Act;

4 ‘‘(iii) a facility that is the subject of

5 a unilateral administrative order, a court

6 order, an administrative order on consent,

7 or a judicial consent decree that has been

8 issued to or entered into by the parties

9 under that Act;

10 ‘‘(iv) a facility that is the subject of a

11 unilateral administrative order, a court

12 order, an administrative order on consent,

13 or a judicial consent decree that has been

14 issued to or entered into by the parties, or

15 a facility to which a permit has been issued

16 by the United States or an authorized

17 State, under—

18 ‘‘(I) the Solid Waste Disposal

19 Act (42 U.S.C. 6901 et seq.);

20 ‘‘(II) the Federal Water Pollution

21 Control Act (33 U.S.C. 1251 et seq.);

22 ‘‘(III) the Toxic Substances Con23 trol Act (15 U.S.C. 2601 et seq.); or

24 ‘‘(IV) the Safe Drinking Water

25 Act (42 U.S.C. 300f et seq.);
5

•S 1079 RS

1 ‘‘(v) a facility—

2 ‘‘(I) that is subject to corrective

3 action under section 3004(u) or

4 3008(h) of the Solid Waste Disposal

5 Act (42 U.S.C. 6924(u), 6928(h));

6 and

7 ‘‘(II) to which a corrective action

8 permit or order has been issued or

9 modified to require the implementa10 tion of corrective measures;

11 ‘‘(vi) a land disposal unit with respect

12 to which—

13 ‘‘(I) a closure notification under

14 subtitle C of the Solid Waste Disposal

15 Act (42 U.S.C. 6921 et seq.) has been

16 submitted; and

17 ‘‘(II) closure requirements have

18 been specified in a closure plan or

19 permit;

20 ‘‘(vii) a facility that is subject to the

21 jurisdiction, custody, or control of a de22 partment, agency, or instrumentality of the

23 United States, except for land held in trust

24 by the United States for an Indian tribe;

25 ‘‘(viii) a portion of a facility—
6

•S 1079 RS

1 ‘‘(I) at which there has been a

2 release of polychlorinated biphenyls;

3 and

4 ‘‘(II) that is subject to remedi5 ation under the Toxic Substances

6 Control Act (15 U.S.C. 2601 et seq.);

7 or

8 ‘‘(ix) a portion of a facility, for which

9 portion, assistance for response activity

10 has been obtained under subtitle I of the

11 Solid Waste Disposal Act (42 U.S.C. 6991

12 et seq.) from the Leaking Underground

13 Storage Tank Trust Fund established by

14 section 9508 of the Internal Revenue Code

15 of 1986.

16 ‘‘(C) SITE-BY-SITE INCLUSIONS.—The

17 term ‘brownfield site’ includes a site referred to

18 in clause (i), (iv), (v), (vi), (viii), or (ix) of sub19 paragraph (B), if, on a site-by-site basis, the

20 Secretary, in consultation with the Adminis21 trator of the Environmental Protection Agency,

22 determines that use of the financial assistance

23 at the site will—

24 ‘‘(i) protect human health and the en25 vironment; and
7

•S 1079 RS

1 ‘‘(ii)(I) promote economic develop2 ment; or

3 ‘‘(II) enable the creation of, preserva4 tion of, or addition to parks, greenways,

5 undeveloped property, other recreational

6 property, or other property used for non7 profit purposes.

8 ‘‘(D) ADDITIONAL INCLUSIONS.—The term

9 ‘brownfield site’ includes a site that meets the

10 definition of ‘brownfield site’ under subpara11 graphs (A) through (C) that—

12 ‘‘(i) is contaminated by a controlled

13 substance (as defined in section 102 of the

14 Controlled Substances Act (21 U.S.C.

15 802));

16 ‘‘(ii)(I) is contaminated by petroleum

17 or a petroleum product excluded from the

18 definition of ‘hazardous substance’ under

19 section 101 of the Comprehensive Environ20 mental Response, Compensation, and Li21 ability Act of 1980 (42 U.S.C. 9601); and

22 ‘‘(II) is a site determined by the Sec23 retary, in consultation with the Adminis24 trator of the Environmental Protection

25 Agency, to be—
8

•S 1079 RS

1 ‘‘(aa) of relatively low risk, as

2 compared with other petroleum-only

3 sites in the State in which the site is

4 located; and

5 ‘‘(bb) a site for which there is no

6 viable responsible party and that will

7 be assessed, investigated, or cleaned

8 up by a person that is not potentially

9 liable for cleaning up the site; and

10 ‘‘(III) is not subject to any order

11 issued under section 9003(h) of the Solid

12 Waste Disposal Act (42 U.S.C. 6991b(h));

13 or

14 ‘‘(iii) is mine-scarred land.’’; and

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

16 ‘‘(12) UNUSED LAND.—The term ‘unused land’

17 means any publicly-owned or privately-owned un18 used, underused, or abandoned land that is not con19 tributing to the quality of life or economic well-being

20 of the community in which the land is located.’’.

21 SEC. 4. COORDINATION.

22 Section 103 of the Public Works and Economic De23 velopment Act of 1965 (42 U.S.C. 3132) is amended—
9

•S 1079 RS

1 (1) by inserting ‘‘(a) COMPREHENSIVE ECO2 NOMIC DEVELOPMENT STRATEGIES.—’’ before ‘‘The

3 Secretary’’; and

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

5 ‘‘(b) BROWNFIELD SITE REDEVELOPMENT.—The

6 Secretary shall coordinate activities relating to the redevel7 opment of brownfield sites under this Act with other Fed8 eral agencies, States, local governments, consortia of local

9 governments, Indian tribes, nonprofit organizations, and

10 public-private partnerships.’’.

11 SEC. 5. GRANTS FOR BROWNFIELD SITE REDEVELOPMENT.

12 (a) IN GENERAL.—Title II of the Public Works and

13 Economic Development Act of 1965 (42 U.S.C. 3141 et

14 seq.) is amended—

15 (1) by redesignating sections 210 through 213

16 as sections 211 through 214, respectively; and

17 (2) by inserting after section 209 the following:

18 ‘‘SEC. 210. GRANTS FOR BROWNFIELD SITE REDEVELOP19 MENT.

20 ‘‘(a) IN GENERAL.—On the application of an eligible

21 recipient, the Secretary may make grants for projects to

22 alleviate or prevent conditions of excessive unemployment,

23 underemployment, blight, and infrastructure deterioration

24 associated with brownfield sites, including projects con25 sisting of—
10

•S 1079 RS

1 ‘‘(1) development of public facilities;

2 ‘‘(2) development of public services;

3 ‘‘(3) business development (including funding of

4 a revolving loan fund);

5 ‘‘(4) planning;

6 ‘‘(5) technical assistance; and

7 ‘‘(6) training.

8 ‘‘(b) CRITERIA FOR GRANTS.—The Secretary may

9 provide a grant for a project under this section only if—

10 ‘‘(1) the Secretary determines that the project

11 will assist the area where the project is or will be lo12 cated to meet, directly or indirectly, a special need

13 arising from—

14 ‘‘(A) a high level of unemployment or

15 underemployment, or a high proportion of low16 income households;

17 ‘‘(B) the existence of blight and infrastruc18 ture deterioration;

19 ‘‘(C) dislocations resulting from commer20 cial or industrial restructuring;

21 ‘‘(D) outmigration and population loss, as

22 indicated by—

23 ‘‘(i)(I) depletion of human capital (in24 cluding young, skilled, or educated popu25 lations);
11

•S 1079 RS

1 ‘‘(II) depletion of financial capital (in2 cluding firms and investment); or

3 ‘‘(III) a shrinking tax base; and

4 ‘‘(ii) resulting—

5 ‘‘(I) fiscal pressure;

6 ‘‘(II) restricted access to mar7 kets; and

8 ‘‘(III) constrained local develop9 ment potential; or

10 ‘‘(E) the closure or realignment of—

11 ‘‘(i) a military or Department of En12 ergy installation; or

13 ‘‘(ii) any other Federal facility; and

14 ‘‘(2) except in the case of a project consisting

15 of planning or technical assistance—

16 ‘‘(A) the Secretary has approved a com17 prehensive economic development strategy for

18 the area where the project is or will be located;

19 and

20 ‘‘(B) the project is consistent with the

21 comprehensive economic development strategy.

22 ‘‘(c) PARTICULAR COMMUNITY ASSISTANCE.—Assist23 ance under this section may include assistance provided

24 for activities identified by a community, the economy of
12

•S 1079 RS

1 which is injured by the existence of 1 or more brownfield

2 sites, to assist the community in—

3 ‘‘(1) revitalizing affected areas by—

4 ‘‘(A) diversifying the economy of the com5 munity; or

6 ‘‘(B) carrying out industrial or commercial

7 (including mixed use) redevelopment projects on

8 brownfield sites or sites adjacent to brownfield

9 sites;

10 ‘‘(2) carrying out development that conserves

11 environmental and agricultural resources by—

12 ‘‘(A) reusing existing facilities and infra13 structure;

14 ‘‘(B) reclaiming unused land and aban15 doned buildings; or

16 ‘‘(C) creating publicly owned parks, play17 grounds, recreational facilities, or cultural cen18 ters that contribute to the economic revitaliza19 tion of a community; or

20 ‘‘(3) carrying out a collaborative economic de21 velopment planning process, developed with broad22 based and diverse community participation, that ad23 dresses the economic repercussions and opportunities

24 posed by the existence of brownfield sites in an area.
13

•S 1079 RS

1 ‘‘(d) DIRECT EXPENDITURE OR REDISTRIBUTION BY

2 ELIGIBLE RECIPIENT.—

3 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

4 an eligible recipient of a grant under this section

5 may directly expend the grant funds or may redis6 tribute the funds to public and private entities in the

7 form of a grant, loan, loan guarantee, payment to

8 reduce interest on a loan guarantee, or other appro9 priate assistance.

10 ‘‘(2) LIMITATION.—Under paragraph (1), an el11 igible recipient may not provide any grant to a pri12 vate for-profit entity.’’.

13 (b) CONFORMING AMENDMENT.—The table of con14 tents in section 1(b) of the Public Works and Economic

15 Development Act of 1965 (42 U.S.C. prec. 3121) is

16 amended by striking the items relating to sections 210

17 through 213 and inserting the following:

‘‘Sec. 210. Grants for brownfield site redevelopment.

‘‘Sec. 211. Changed project circumstances.

‘‘Sec. 212. Use of funds in projects constructed under projected cost.

‘‘Sec. 213. Reports by recipients.

‘‘Sec. 214. Prohibition on use of funds for attorney’s and consultant’s fees.’’.

18 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

19 (a) IN GENERAL.—Title VII of the Public Works and

20 Economic Development Act of 1965 (42 U.S.C. 3231 et

21 seq.) is amended by adding at the end the following:
14

•S 1079 RS

1 ‘‘SEC. 704. AUTHORIZATION OF APPROPRIATIONS FOR

2 BROWNFIELD SITE REDEVELOPMENT.

3 ‘‘(a) IN GENERAL.—In addition to amounts made

4 available under section 701, there is authorized to be ap5 propriated to carry out section 210 $60,000,000 for each

6 of fiscal years 2002 through 2006, to remain available

7 until expended.

8 ‘‘(b) FEDERAL SHARE.—Notwithstanding section

9 204, subject to section 205, the Federal share of the cost

10 of activities funded with amounts made available under

11 subsection (a) shall be not more than 75 percent.’’.

12 (b) CONFORMING AMENDMENT.—The table of con13 tents in section 1(b) of the Public Works and Economic

14 Development Act of 1965 (42 U.S.C. prec. 3121) is

15 amended by adding at the end of the items relating to

16 title VII the following:

‘‘Sec. 704. Authorization of appropriations for brownfield site redevelopment.’’.

17 SECTION 1. SHORT TITLE.

18 This Act may be cited as the ‘‘Brownfield Site Redevel19 opment Assistance Act of 2002’’.

20 SEC. 2. PURPOSES.

21 Consistent with section 2 of the Public Works and Eco22 nomic Development Act of 1965 (42 U.S.C. 3121), the pur23 poses of this Act are—

24 (1) to provide targeted assistance, including

25 planning assistance, for projects that promote—
15

•S 1079 RS

1 (A) the redevelopment, restoration, and eco2 nomic recovery of brownfield sites; and

3 (B) eco-industrial development; and

4 (2) through such assistance, to further the goals

5 of restoring the employment and tax bases of, and

6 bringing new income and private investment to, dis7 tressed communities that have not participated fully

8 in the economic growth of the United States because

9 of a lack of an adequate private sector tax base to

10 support essential public services and facilities.

11 SEC. 3. DEFINITIONS.

12 Section 3 of the Public Works and Economic Develop13 ment Act of 1965 (42 U.S.C. 3122) is amended—

14 (1) by redesignating paragraphs (1), (2), and (3)

15 through (10) as paragraphs (2), (3), and (5) through

16 (12), respectively;

17 (2) by inserting before paragraph (2) (as so re18 designated) the following:

19 ‘‘(1) BROWNFIELD SITE.—

20 ‘‘(A) IN GENERAL.—The term ‘brownfield

21 site’ means real property, the expansion, redevel22 opment, or reuse of which may be complicated by

23 the presence or potential presence of—

24 ‘‘(i) a hazardous substance (as defined

25 in section 101 of the Comprehensive Envi-
16

•S 1079 RS

1 ronmental Response, Compensation, and Li2 ability Act of 1980 (42 U.S.C. 9601)); or

3 ‘‘(ii) any other pollutant or contami4 nant, as determined by the Secretary, in

5 consultation with the Administrator of the

6 Environmental Protection Agency.

7 ‘‘(B) EXCLUSIONS.—Except as provided in

8 subparagraph (C), the term ‘brownfield site’ does

9 not include—

10 ‘‘(i) a facility that is the subject of a

11 planned or ongoing removal action under

12 the Comprehensive Environmental Re13 sponse, Compensation, and Liability Act of

14 1980 (42 U.S.C. 9601 et seq.);

15 ‘‘(ii) a facility that is listed on the Na16 tional Priorities List, or is proposed for

17 listing on that list, under that Act;

18 ‘‘(iii) a facility that is the subject of a

19 unilateral administrative order, a court

20 order, an administrative order on consent,

21 or a judicial consent decree that has been

22 issued to or entered into by the parties

23 under that Act;

24 ‘‘(iv) a facility that is the subject of a

25 unilateral administrative order, a court
17

•S 1079 RS

1 order, an administrative order on consent,

2 or a judicial consent decree that has been

3 issued to or entered into by the parties, or

4 a facility to which a permit has been issued

5 by the United States or an authorized

6 State, under—

7 ‘‘(I) the Solid Waste Disposal Act

8 (42 U.S.C. 6901 et seq.);

9 ‘‘(II) the Federal Water Pollution

10 Control Act (33 U.S.C. 1251 et seq.);

11 ‘‘(III) the Toxic Substances Con12 trol Act (15 U.S.C. 2601 et seq.); or

13 ‘‘(IV) the Safe Drinking Water

14 Act (42 U.S.C. 300f et seq.);

15 ‘‘(v) a facility—

16 ‘‘(I) that is subject to corrective

17 action under section 3004(u) or

18 3008(h) of the Solid Waste Disposal

19 Act (42 U.S.C. 6924(u), 6928(h)); and

20 ‘‘(II) to which a corrective action

21 permit or order has been issued or

22 modified to require the implementation

23 of corrective measures;

24 ‘‘(vi) a land disposal unit with respect

25 to which—
18

•S 1079 RS

1 ‘‘(I) a closure notification under

2 subtitle C of the Solid Waste Disposal

3 Act (42 U.S.C. 6921 et seq.) has been

4 submitted; and

5 ‘‘(II) closure requirements have

6 been specified in a closure plan or per7 mit;

8 ‘‘(vii) a facility that is subject to the

9 jurisdiction, custody, or control of a depart10 ment, agency, or instrumentality of the

11 United States, except for land held in trust

12 by the United States for an Indian tribe;

13 ‘‘(viii) a portion of a facility—

14 ‘‘(I) at which there has been a re15 lease of polychlorinated biphenyls; and

16 ‘‘(II) that is subject to remedi17 ation under the Toxic Substances Con18 trol Act (15 U.S.C. 2601 et seq.); or

19 ‘‘(ix) a portion of a facility, for which

20 portion assistance for response activity has

21 been obtained under subtitle I of the Solid

22 Waste Disposal Act (42 U.S.C. 6991 et seq.)

23 from the Leaking Underground Storage

24 Tank Trust Fund established by section

25 9508 of the Internal Revenue Code of 1986.
19

•S 1079 RS

1 ‘‘(C) SITE-BY-SITE INCLUSIONS.—The term

2 ‘brownfield site’ includes a site referred to in

3 clause (i), (iv), (v), (vi), (viii), or (ix) of sub4 paragraph (B), if, on a site-by-site basis, the

5 Secretary, in consultation with the Adminis6 trator of the Environmental Protection Agency,

7 determines that use of financial assistance at the

8 site will—

9 ‘‘(i) protect human health and the en10 vironment; and

11 ‘‘(ii)(I) promote economic development;

12 ‘‘(II) enable the creation of, preserva13 tion of, or addition to parks, greenways,

14 undeveloped property, other recreational

15 property, or other property used for non16 profit purposes; or

17 ‘‘(III) promote eco-industrial develop18 ment.

19 ‘‘(D) ADDITIONAL INCLUSIONS.—The term

20 ‘brownfield site’ includes a site that meets the

21 definition of ‘brownfield site’ under subpara22 graphs (A) through (C) and that—

23 ‘‘(i) is contaminated by a controlled

24 substance (as defined in section 102 of the

25 Controlled Substances Act (21 U.S.C. 802));
20

•S 1079 RS

1 ‘‘(ii)(I) is contaminated by petroleum

2 or a petroleum product excluded from the

3 definition of ‘hazardous substance’ under

4 section 101 of the Comprehensive Environ5 mental Response, Compensation, and Li6 ability Act of 1980 (42 U.S.C. 9601);

7 ‘‘(II) is a site determined by the Sec8 retary, in consultation with the Adminis9 trator of the Environmental Protection

10 Agency, to be—

11 ‘‘(aa) of relatively low risk, as

12 compared with other petroleum-only

13 sites in the State in which the site is

14 located; and

15 ‘‘(bb) a site for which there is no

16 viable responsible party and that will

17 be assessed, investigated, or cleaned up

18 by a person that is not potentially lia19 ble for cleaning up the site; and

20 ‘‘(III) is not subject to any order

21 issued under section 9003(h) of the Solid

22 Waste Disposal Act (42 U.S.C. 6991b(h));

23 or

24 ‘‘(iii) is mine-scarred land.’’;
21

•S 1079 RS

1 (3) by inserting after paragraph (3) (as redesig2 nated by paragraph (1)) the following:

3 ‘‘(4) ECO-INDUSTRIAL DEVELOPMENT.—The term

4 ‘eco-industrial development’ means development con5 ducted in a manner in which businesses cooperate

6 with each other and the local community to efficiently

7 share resources (such as information, materials,

8 water, energy infrastructure, and natural habitat)

9 with the goals of—

10 ‘‘(A) economic gains;

11 ‘‘(B) improved environmental quality; and

12 ‘‘(C) equitable enhancement of human re13 sources in businesses and local communities.’’;

14 and

15 (4) by adding at the end the following:

16 ‘‘(13) UNUSED LAND.—The term ‘unused land’

17 means any publicly-owned or privately-owned un18 used, underused, or abandoned land that is not con19 tributing to the quality of life or economic well-being

20 of the community in which the land is located.’’.

21 SEC. 4. COORDINATION.

22 Section 103 of the Public Works and Economic Devel23 opment Act of 1965 (42 U.S.C. 3132) is amended—
22

•S 1079 RS

1 (1) by inserting ‘‘(a) COMPREHENSIVE ECO2 NOMIC DEVELOPMENT STRATEGIES.—’’ before ‘‘The

3 Secretary’’; and

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

5 ‘‘(b) BROWNFIELD SITE REDEVELOPMENT.—The Sec6 retary shall coordinate activities relating to the redevelop7 ment of brownfield sites and the promotion of eco-industrial

8 development under this Act with other Federal agencies,

9 States, local governments, consortia of local governments,

10 Indian tribes, nonprofit organizations, and public-private

11 partnerships.’’.

12 SEC. 5. GRANTS FOR BROWNFIELD SITE REDEVELOPMENT.

13 (a) IN GENERAL.—Title II of the Public Works and

14 Economic Development Act of 1965 (42 U.S.C. 3141 et seq.)

15 is amended—

16 (1) by redesignating sections 210 through 213 as

17 sections 211 through 214, respectively; and

18 (2) by inserting after section 209 the following:

19 ‘‘SEC. 210. GRANTS FOR BROWNFIELD SITE REDEVELOP20 MENT.

21 ‘‘(a) IN GENERAL.—On the application of an eligible

22 recipient, the Secretary may make grants for projects to al23 leviate or prevent conditions of excessive unemployment,

24 underemployment, blight, and infrastructure deterioration
23

•S 1079 RS

1 associated with brownfield sites, including projects con2 sisting of—

3 ‘‘(1) development of public facilities;

4 ‘‘(2) development of public services;

5 ‘‘(3) business development (including funding of

6 a revolving loan fund);

7 ‘‘(4) planning;

8 ‘‘(5) technical assistance; and

9 ‘‘(6) training.

10 ‘‘(b) CRITERIA FOR GRANTS.—The Secretary may pro11 vide a grant for a project under this section only if—

12 ‘‘(1) the Secretary determines that the project

13 will assist the area where the project is or will be lo14 cated to meet, directly or indirectly, a special need

15 arising from—

16 ‘‘(A) a high level of unemployment or

17 underemployment, or a high proportion of low18 income households;

19 ‘‘(B) the existence of blight and infrastruc20 ture deterioration;

21 ‘‘(C) dislocations resulting from commercial

22 or industrial restructuring;

23 ‘‘(D) outmigration and population loss, as

24 indicated by—
24

•S 1079 RS

1 ‘‘(i)(I) depletion of human capital (in2 cluding young, skilled, or educated popu3 lations);

4 ‘‘(II) depletion of financial capital (in5 cluding firms and investment); or

6 ‘‘(III) a shrinking tax base; and

7 ‘‘(ii) resulting—

8 ‘‘(I) fiscal pressure;

9 ‘‘(II) restricted access to markets;

10 and

11 ‘‘(III) constrained local develop12 ment potential; or

13 ‘‘(E) the closure or realignment of—

14 ‘‘(i) a military or Department of En15 ergy installation; or

16 ‘‘(ii) any other Federal facility; and

17 ‘‘(2) except in the case of a project consisting of

18 planning or technical assistance—

19 ‘‘(A) the Secretary has approved a com20 prehensive economic development strategy for the

21 area where the project is or will be located; and

22 ‘‘(B) the project is consistent with the com23 prehensive economic development strategy.

24 ‘‘(c) PARTICULAR COMMUNITY ASSISTANCE.—Assist25 ance under this section may include assistance provided for
25

•S 1079 RS

1 activities identified by a community, the economy of which

2 is injured by the existence of 1 or more brownfield sites,

3 to assist the community in—

4 ‘‘(1) revitalizing affected areas by—

5 ‘‘(A) diversifying the economy of the com6 munity; or

7 ‘‘(B) carrying out industrial or commercial

8 (including mixed use) redevelopment, or eco-in9 dustrial development, projects on brownfield sites

10 or sites adjacent to brownfield sites;

11 ‘‘(2) carrying out development that conserves en12 vironmental and agricultural resources by—

13 ‘‘(A) reusing existing facilities and infra14 structure;

15 ‘‘(B) reclaiming unused land and aban16 doned buildings; or

17 ‘‘(C) promoting eco-industrial development,

18 and environmentally responsible development, of

19 brownfield sites; or

20 ‘‘(3) carrying out a collaborative economic devel21 opment planning process, developed with broad-based

22 and diverse community participation, that addresses

23 the economic repercussions and opportunities posed

24 by the existence of brownfield sites in an area.
26

•S 1079 RS

1 ‘‘(d) DIRECT EXPENDITURE OR REDISTRIBUTION BY

2 ELIGIBLE RECIPIENT.—

3 ‘‘(1) IN GENERAL.—Subject to paragraph (2), an

4 eligible recipient of a grant under this section may

5 directly expend the grant funds or may redistribute

6 the funds to public and private entities in the form

7 of a grant, loan, loan guarantee, payment to reduce

8 interest on a loan guarantee, or other appropriate as9 sistance.

10 ‘‘(2) LIMITATION.—Under paragraph (1), an eli11 gible recipient may not provide any grant to a pri12 vate for-profit entity.’’.

13 (b) CONFORMING AMENDMENT.—The table of contents

14 in section 1(b) of the Public Works and Economic Develop15 ment Act of 1965 (42 U.S.C. prec. 3121) is amended by

16 striking the items relating to sections 210 through 213 and

17 inserting the following:

‘‘Sec. 210. Grants for brownfield site redevelopment.

‘‘Sec. 211. Changed project circumstances.

‘‘Sec. 212. Use of funds in projects constructed under projected cost.

‘‘Sec. 213. Reports by recipients.

‘‘Sec. 214. Prohibition on use of funds for attorney’s and consultant’s fees.’’.

18 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

19 (a) IN GENERAL.—Title VII of the Public Works and

20 Economic Development Act of 1965 (42 U.S.C. 3231 et seq.)

21 is amended by adding at the end the following:
27

•S 1079 RS

1 ‘‘SEC. 704. AUTHORIZATION OF APPROPRIATIONS FOR

2 BROWNFIELD SITE REDEVELOPMENT.

3 ‘‘(a) IN GENERAL.—In addition to amounts made

4 available under section 701, there is authorized to be appro5 priated to carry out section 210 $60,000,000 for each of

6 fiscal years 2003 through 2007, to remain available until

7 expended.

8 ‘‘(b) FEDERAL SHARE.—Notwithstanding section 204,

9 subject to section 205, the Federal share of the cost of activi10 ties funded with amounts made available under subsection

11 (a) shall be not more than 75 percent.’’.

12 (b) CONFORMING AMENDMENT.—The table of contents

13 in section 1(b) of the Public Works and Economic Develop14 ment Act of 1965 (42 U.S.C. prec. 3121) is amended by

15 adding at the end of the items relating to title VII the fol16 lowing:

‘‘Sec. 704. Authorization of appropriations for brownfield site redevelopment.’’.

Calendar No. 554

107TH CONGRESS

2D SESSION S. 1079

[Report No. 107–244]

A BILL

To amend the Public Works and Economic Development Act of 1965 to provide assistance to communities for the redevelopment of brownfield

sites.

AUGUST 28, 2002

Reported with an amendment