II

107TH CONGRESS

1ST SESSION S. 1078

To promote brownfields redevelopment in urban and rural areas and spur

community revitalization in low-income and moderate-income neighborhoods.

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, and

Mr. DAYTON) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs

A BILL

To promote brownfields redevelopment in urban and rural

areas and spur community revitalization in low-income

and moderate-income neighborhoods.

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

3 SECTION. 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Brownfields Economic

5 Development Act of 2001’’.

6 SEC. 2. ECONOMIC DEVELOPMENT GRANTS.

7 Section 108(q) of the Housing and Community De8 velopment Act of 1974 (42 U.S.C. 5308(q)) is amended—
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1 (1) in paragraph (2), by striking ‘‘Assistance’’

2 and inserting ‘‘Except as provided in paragraph (5),

3 assistance’’;

4 (2) in paragraph (3), by striking ‘‘Eligible’’ and

5 inserting ‘‘Except as provided in paragraph (5), eli6 gible’’; and

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

8 ‘‘(5) BROWNFIELDS REDEVELOPMENT

9 GRANTS.—

10 ‘‘(A) GRANT AUTHORITY.—Notwith11 standing paragraph (1), of amounts made avail12 able to carry out this subsection, the Secretary

13 may make grants, on a competitive basis, to eli14 gible public entities and federally recognized In15 dian tribes for the redevelopment of brownfield

16 sites, independent of any note or other obliga17 tion guaranteed under subsection (a).

18 ‘‘(B) SET-ASIDE.—Of the amounts made

19 available for grants under this paragraph, the

20 Secretary shall set aside not less than 10 per21 cent and not more than 30 percent, which shall

22 be used for brownfield site redevelopment in

23 nonentitlement areas and by federally recog24 nized Indian tribes.

25 ‘‘(C) BROWNFIELD SITE DEFINITION.—
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1 ‘‘(i) IN GENERAL.—The term

2 ‘brownfield site’ means real property, the

3 expansion, redevelopment, or reuse of

4 which may be complicated by the presence

5 or potential presence of—

6 ‘‘(I) a hazardous substance (as

7 defined in section 101 of the Com8 prehensive Environmental Response,

9 Compensation, and Liability Act of

10 1980 (42 U.S.C. 9601)); or

11 ‘‘(II) any other pollutant or con12 taminant, as determined by the Sec13 retary, in consultation with the Ad14 ministrator of the Environmental Pro15 tection Agency.

16 ‘‘(ii) EXCLUSIONS.—Except as pro17 vided in clause (iii), the term ‘brownfield

18 site’ does not include—

19 ‘‘(I) a facility that is the subject

20 of a planned or ongoing removal ac21 tion under the Comprehensive Envi22 ronmental Response, Compensation,

23 and Liability Act of 1980 (42 U.S.C.

24 9601 et seq.);
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1 ‘‘(II) a facility that is listed on

2 the National Priorities List, or is pro3 posed for listing, under that Act;

4 ‘‘(III) a facility that is the sub5 ject of a unilateral administrative

6 order, a court order, an administrative

7 order on consent or judicial consent

8 decree that has been issued to or en9 tered into by the parties under that

10 Act;

11 ‘‘(IV) a facility that is the sub12 ject of a unilateral administrative

13 order, a court order, an administrative

14 order on consent or judicial consent

15 decree that has been issued to or en16 tered into by the parties, or a facility

17 to which a permit has been issued by

18 the United States or an authorized

19 State under—

20 ‘‘(aa) the Solid Waste Dis21 posal Act (42 U.S.C. 6901 et

22 seq.);

23 ‘‘(bb) the Federal Water

24 Pollution Control Act (33 U.S.C.

25 1321);
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1 ‘‘(cc) the Toxic Substances

2 Control Act (15 U.S.C. 2601 et

3 seq.); or

4 ‘‘(dd) the Safe Drinking

5 Water Act (42 U.S.C. 300f et

6 seq.);

7 ‘‘(V) a facility that—

8 ‘‘(aa) is subject to corrective

9 action under section 3004(u) or

10 3008(h) of the Solid Waste Dis11 posal Act (42 U.S.C. 6924(u),

12 6928(h)); and

13 ‘‘(bb) to which a corrective

14 action permit or order has been

15 issued or modified to require the

16 implementation of corrective

17 measures;

18 ‘‘(VI) a land disposal unit with

19 respect to which—

20 ‘‘(aa) a closure notification

21 under subtitle C of the Solid

22 Waste Disposal Act (42 U.S.C.

23 6921 et seq.) has been submitted;

24 and
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1 ‘‘(bb) closure requirements

2 have been specified in a closure

3 plan or permit;

4 ‘‘(VII) a facility that is subject to

5 the jurisdiction, custody, or control of

6 a department, agency, or instrumen7 tality of the United States, except for

8 land held in trust by the United

9 States for an Indian tribe;

10 ‘‘(VIII) a portion of a facility—

11 ‘‘(aa) at which there has

12 been a release of polychlorinated

13 biphenyls; and

14 ‘‘(bb) that is subject to re15 mediation under the Toxic Sub16 stances Control Act (15 U.S.C.

17 2601 et seq.); or

18 ‘‘(IX) a portion of a facility, for

19 which portion, assistance for response

20 activity has been obtained under sub21 title I of the Solid Waste Disposal Act

22 (42 U.S.C. 6991 et seq.) from the

23 Leaking Underground Storage Tank

24 Trust Fund established under section
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1 9508 of the Internal Revenue Code of

2 1986.

3 ‘‘(iii) SITE-BY-SITE INCLUSIONS.—

4 The term ‘brownfield site’, with respect to

5 the provision of financial assistance, in6 cludes a site referred to in subclause (I),

7 (IV), (V), (VI), (VIII), or (IX) of clause

8 (ii), if, on a site-by-site basis, the Sec9 retary, in consultation with the Adminis10 trator of the Environmental Protection

11 Agency, determines that use of the finan12 cial assistance at the site will—

13 ‘‘(I) protect human health and

14 the environment; and

15 ‘‘(II)(aa) promote economic de16 velopment; or

17 ‘‘(bb) enable the creation of,

18 preservation of, or addition to parks,

19 greenways, undeveloped property,

20 other recreational property, or other

21 property used for nonprofit purposes.

22 ‘‘(D) ADDITIONAL INCLUSIONS.—For pur23 poses of subparagraph (C), the term ‘brownfield

24 site’ includes a site that meets the definition of
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1 ‘brownfield site’ under clauses (i) through (iii)

2 of subparagraph (C) that—

3 ‘‘(i) is contaminated by a controlled

4 substance (as defined in section 102 of the

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

6 802));

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

8 or a petroleum product excluded from the

9 definition of ‘hazardous substance’ under

10 section 101 of the Comprehensive Environ11 mental Response, Compensation, and Li12 ability Act of 1980 (42 U.S.C. 9601); and

13 ‘‘(II) is a site determined by the Sec14 retary, in consultation with the Adminis15 trator of the Environmental Protection

16 Agency, to be—

17 ‘‘(aa) of relatively low risk, as

18 compared with other petroleum-only

19 sites in the State in which the site is

20 located; and

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

22 viable responsible party and that will

23 be assessed, investigated, or cleaned

24 up by a person that is not potentially

25 liable for cleaning up the site; and
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1 ‘‘(III) is not subject to any order

2 issued under section 9003(h) of the Solid

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

4 or

5 ‘‘(iii) is mine-scarred land.’’.

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