II 

Calendar No. 416 

113TH CONGRESS 

2D SESSION S. 491 

[Report No. 113–186] 

To amend the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 to modify provisions relating to grants, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 7, 2013 

Mr. LAUTENBERG (for himself, Mr. INHOFE, Mr. UDALL of New Mexico, Mr. 

CRAPO, Ms. HIRONO, Mr. MERKLEY, Mr. BROWN, Mr. SCHATZ, Mr. 

WHITEHOUSE, Mrs. GILLIBRAND, and Mr. LEVIN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

JUNE 5, 2014 

Reported by Mrs. BOXER, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to modify provisions 

relating to grants, and for other purposes. 

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. SHORT TITLE. 

2 This Act may be cited as the ‘‘Brownfields Utiliza3 tion, Investment, and Local Development Act of 2013’’ or 

4 the ‘‘BUILD Act’’. 

5 SEC. 2. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANI6 ZATIONS. 

7 Section 104(k)(1) of the Comprehensive Environ8 mental Response, Compensation, and Liability Act of 

9 1980 (42 U.S.C. 9604(k)(1)) is amended— 

10 (1) in subparagraph (G), by striking ‘‘or’’ after 

11 the semicolon; 

12 (2) in subparagraph (H), by striking the period 

13 at the end and inserting a semicolon; and 

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

15 ‘‘(I) an organization described in section 

16 501(c)(3) of the Internal Revenue Code of 1986 

17 and exempt from taxation under section 501(a) 

18 of that Code; 

19 ‘‘(J) a limited liability corporation in which 

20 all managing members are organizations de21 scribed in subparagraph (I) or limited liability 

22 corporations whose sole members are organiza23 tions described in subparagraph (I); 

24 ‘‘(K) a limited partnership in which all 

25 general partners are organizations described in 

26 subparagraph (I) or limited liability corporaVerDate Mar 15 2010 00:16 Jun 06, 2014 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S491.RS S491

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1 tions whose sole members are organizations de2 scribed in subparagraph (I); or 

3 ‘‘(L) a qualified community development 

4 entity (as defined in section 45D(c)(1) of the 

5 Internal Revenue Code of 1986).’’. 

6 SEC. 3. MULTIPURPOSE BROWNFIELDS GRANTS. 

7 Section 104(k) of the Comprehensive Environmental 

8 Response, Compensation, and Liability Act of 1980 (42 

9 U.S.C. 9604(k)) is amended— 

10 (1) by redesignating paragraphs (4) through 

11 (9) and (10) through (12) as paragraphs (5) 

12 through (10) and (13) through (15), respectively; 

13 (2) in paragraph (3)(A), by striking ‘‘subject to 

14 paragraphs (4) and (5)’’ and inserting ‘‘subject to 

15 paragraphs (5) and (6)’’; and 

16 (3) by inserting after paragraph (3) the fol17 lowing: 

18 ‘‘(4) MULTIPURPOSE BROWNFIELDS GRANTS.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (D) and paragraphs (5) and (6), the Ad21 ministrator shall establish a program to provide 

22 multipurpose grants to an eligible entity based 

23 on the considerations under paragraph (3)(C), 

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1 ment, planning, or remediation activities at 1 or 

2 more brownfield sites in a proposed area. 

3 ‘‘(B) GRANT AMOUNTS.— 

4 ‘‘(i) INDIVIDUAL GRANT AMOUNTS.— 

5 Each grant awarded under this paragraph 

6 shall not exceed $950,000. 

7 ‘‘(ii) CUMULATIVE GRANT

8 AMOUNTS.—The total amount of grants 

9 awarded for each fiscal year under this 

10 paragraph shall not exceed 15 percent of 

11 the funds made available for the fiscal year 

12 to carry out this subsection. 

13 ‘‘(C) CRITERIA.—In awarding a grant 

14 under this paragraph, the Administrator shall 

15 consider the extent to which an eligible entity is 

16 able— 

17 ‘‘(i) to provide an overall plan for re18 vitalization of the 1 or more brownfield 

19 sites in the proposed area in which the 

20 multipurpose grant will be used; 

21 ‘‘(ii) to demonstrate a capacity to con22 duct the range of eligible activities that 

23 will be funded by the multipurpose grant; 

24 and 


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1 ‘‘(iii) to demonstrate that a multipur2 pose grant will meet the needs of the 1 or 

3 more brownfield sites in the proposed area. 

4 ‘‘(D) CONDITION.—As a condition of re5 ceiving a grant under this paragraph, each eli6 gible entity shall expend the full amount of the 

7 grant not later than the date that is 3 years 

8 after the date on which the grant is awarded to 

9 the eligible entity unless the Administrator, in 

10 the discretion of the Administrator, provides an 

11 extension.’’. 

12 SEC. 4. TREATMENT OF CERTAIN PUBLICLY OWNED 

13 BROWNFIELD SITES. 

14 Section 104(k)(2) of the Comprehensive Environ15 mental Response, Compensation, and Liability Act of 

16 1980 (42 U.S.C. 9604(k)(2)) is amended by adding at the 

17 end the following: 

18 ‘‘(C) EXEMPTION FOR CERTAIN PUBLICLY

19 OWNED BROWNFIELD SITES.—Notwithstanding 

20 any other provision of law, an eligible entity 

21 that is a governmental entity may receive a 

22 grant under this paragraph for property ac23 quired by that governmental entity prior to 

24 January 11, 2002, even if the governmental en25 tity does not qualify as a bona fide prospective 


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1 purchaser (as that term is defined in section 

2 101(40)), so long as the eligible entity has not 

3 caused or contributed to a release or threatened 

4 release of a hazardous substance at the prop5 erty.’’. 

6 SEC. 5. INCREASED FUNDING FOR REMEDIATION GRANTS. 

7 Section 104(k)(3)(A)(ii) of the Comprehensive Envi8 ronmental Response, Compensation, and Liability Act of 

9 1980 (42 U.S.C. 9604(k)(3)(A)(ii)) is amended by strik10 ing ‘‘$200,000 for each site to be remediated’’ and insert11 ing ‘‘$500,000 for each site to be remediated, which limit 

12 may be waived by the Administrator, but not to exceed 

13 a total of $650,000 for each site, based on the anticipated 

14 level of contamination, size, or ownership status of the 

15 site’’. 

16 SEC. 6. ALLOWING ADMINISTRATIVE COSTS FOR GRANT 

17 RECIPIENTS. 

18 Paragraph (5) of section 104(k) of the Comprehen19 sive Environmental Response, Compensation, and Liabil20 ity Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by 

21 section 3(1)) is amended— 

22 (1) in subparagraph (B)— 

23 (A) in clause (i)— 

24 (i) by striking subclause (III); and 


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1 (ii) by redesignating subclauses (IV) 

2 and (V) as subclauses (III) and (IV), re3 spectively; 

4 (B) by striking clause (ii); 

5 (C) by redesignating clause (iii) as clause 

6 (ii); and 

7 (D) in clause (ii) (as redesignated by sub8 paragraph (C)), by striking ‘‘Notwithstanding 

9 clause (i)(IV)’’ and inserting ‘‘Notwithstanding 

10 clause (i)(III)’’; and 

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

12 ‘‘(E) ADMINISTRATIVE COSTS.— 

13 ‘‘(i) IN GENERAL.—An eligible entity 

14 may use up to 8 percent of the amounts 

15 made available under a grant or loan 

16 under this subsection for administrative 

17 costs. 

18 ‘‘(ii) RESTRICTION.—For purposes of 

19 clause (i), the term ‘administrative costs’ 

20 does not include— 

21 ‘‘(I) investigation and identifica22 tion of the extent of contamination; 

23 ‘‘(II) design and performance of 

24 a response action; or 


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1 ‘‘(III) monitoring of a natural re2 source.’’. 

3 SEC. 7. SMALL COMMUNITY TECHNICAL ASSISTANCE 

4 GRANTS. 

5 Paragraph (7)(A) of section 104(k) of the Com6 prehensive Environmental Response, Compensation, and 

7 Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesig8 nated by section 3(1)) is amended— 

9 (1) by striking ‘‘The Administrator’’ and insert10 ing the following: 

11 ‘‘(i) IN GENERAL.—The Adminis12 trator’’; and 

13 (2) by inserting after clause (i) (as added by 

14 paragraph (1)) the following: 

15 ‘‘(ii) SMALL COMMUNITY RECIPI16 ENTS.—In carrying out the program under 

17 clause (i), the Administrator shall give pri18 ority to small communities, Indian tribes, 

19 rural areas, or low-income areas with a 

20 population of not more than 15,000 indi21 viduals, as determined by the latest avail22 able decennial census.’’. 

23 (1) by striking ‘‘The Administrator may pro24 vide,’’ and inserting the following: 


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1 ‘‘(i) DEFINITIONS.—In this subpara2 graph: 

3 ‘‘(I) DISADVANTAGED AREA.—The 

4 term ‘disadvantaged area’ means an 

5 area with an annual median household 

6 income that is less than 80 percent of 

7 the State-wide annual median house8 hold income, as determined by the lat9 est available decennial census. 

10 ‘‘(II) SMALL COMMUNITY.—The 

11 term ‘small community’ means a com12 munity with a population of not more 

13 than 15,000 individuals, as determined 

14 by the latest available decennial cen15 sus. 

16 ‘‘(ii) ESTABLISHMENT OF PROGRAM.— 

17 The Administrator shall establish a pro18 gram to provide grants that provide,’’; and 

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

20 ‘‘(iii) SMALL OR DISADVANTAGED COM21 MUNITY RECIPIENTS.— 

22 ‘‘(I) IN GENERAL.—Subject to 

23 subclause (II), in carrying out the pro24 gram under clause (ii), the Adminis25 trator shall use not more than 


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1 $600,000 of the amounts made avail2 able to carry out this paragraph to 

3 provide grants to States that receive 

4 amounts under section 128(a) to assist 

5 small communities, Indian tribes, 

6 rural areas, or disadvantaged areas in 

7 achieving the purposes described in 

8 clause (ii). 

9 ‘‘(II) LIMITATION.—Each grant 

10 awarded under subclause (I) shall be 

11 not more than $7,500.’’. 

12 SEC. 8. WATERFRONT BROWNFIELDS GRANTS. 

13 Section 104(k) of the Comprehensive Environmental 

14 Response, Compensation, and Liability Act of 1980 (42 

15 U.S.C. 9604(k)) is amended by inserting after paragraph 

16 (10) (as redesignated by section 3(1)) the following: 

17 ‘‘(11) WATERFRONT BROWNFIELD SITES.— 

18 ‘‘(A) DEFINITION OF WATERFRONT

19 BROWNFIELD SITE.—In this paragraph, the 

20 term ‘waterfront brownfield site’ means a 

21 brownfield site that is adjacent to a body of 

22 water or a federally designated floodplain. 

23 ‘‘(B) REQUIREMENTS.—In providing 

24 grants under this subsection, the Administrator 

25 shall— 


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1 ‘‘(i) take into consideration whether 

2 the brownfield site to be served by the 

3 grant is a waterfront brownfield site; and 

4 ‘‘(ii) give consideration to waterfront 

5 brownfield sites.’’. 

6 SEC. 9. CLEAN ENERGY BROWNFIELDS GRANTS. 

7 Section 104(k) of the Comprehensive Environmental 

8 Response, Compensation, and Liability Act of 1980 (42 

9 U.S.C. 9604(k)) (as amended by section 8) is amended 

10 by inserting after paragraph (11) the following: 

11 ‘‘(12) CLEAN ENERGY PROJECTS AT

12 BROWNFIELD SITES.— 

13 ‘‘(A) DEFINITION OF CLEAN ENERGY

14 PROJECT.—In this paragraph, the term ‘clean 

15 energy project’ means— 

16 ‘‘(i) a facility that generates renew17 able electricity from wind, solar, or geo18 thermal energy; and 

19 ‘‘(ii) any energy efficiency improve20 ment project at a facility, including com21 bined heat and power and district energy. 

22 ‘‘(B) ESTABLISHMENT.—The Adminis23 trator shall establish a program to provide 

24 grants— 


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1 ‘‘(i) to eligible entities to carry out in2 ventory, characterization, assessment, 

3 planning, feasibility analysis, design, or re4 mediation activities to locate a clean en5 ergy project at 1 or more brownfield sites; 

6 and 

7 ‘‘(ii) to capitalize a revolving loan 

8 fund for the purposes described in clause 

9 (i). 

10 ‘‘(C) MAXIMUM AMOUNT.—A grant under 

11 this paragraph shall not exceed $500,000.’’. 

12 SEC. 10. TARGETED FUNDING FOR STATES. 

13 Paragraph (15) of section 104(k) of the Comprehen14 sive Environmental Response, Compensation, and Liabil15 ity Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by 

16 section 3(1)) is amended by adding at the end the fol17 lowing: 

18 ‘‘(C) TARGETED FUNDING.—Of the 

19 amounts made available under subparagraph 

20 (A) for a fiscal year, the Administrator may use 

21 not more than $2,000,000 to provide grants to 

22 States for purposes authorized under section 

23 128(a), subject to the condition that each State 

24 that receives a grant under this subparagraph 

25 shall have used at least 50 percent of the 


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1 amounts made available to that State in the 

2 previous fiscal year to carry out assessment and 

3 remediation activities under section 128(a).’’. 

4 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) BROWNFIELDS REVITALIZATION FUNDING.— 

6 Paragraph (15)(A) of section 104(k) of the Comprehen7 sive Environmental Response, Compensation, and Liabil8 ity Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by 

9 section 3(1)) is amended by striking ‘‘2006’’ and inserting 

10 ‘‘2016’’. 

11 (b) STATE RESPONSE PROGRAMS.—Section 

12 128(a)(3) of the Comprehensive Environmental Response, 

13 Compensation, and Liability Act of 1980 (42 U.S.C. 

14 9628(a)(3)) is amended by striking ‘‘2006’’ and inserting 

15 ‘‘2016’’. 


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Calendar No. 416 

113TH CONGRESS 

2D SESSION S. 491 

[Report No. 113–186] 

A BILL 

To amend the Comprehensive Environmental Reother purposes. to modify provisions relating to grants, and for sponse, Compensation, and Liability Act of 1980 

JUNE 5, 2014 

Reported with amendments 


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