II 

Calendar No. 434 

111TH CONGRESS 

2D SESSION S. 3374 

[Report No. 111–210] 

To amend the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 to establish a grant program to revitalize brownfield 

sites for the purpose of locating renewable electricity generation facilities 

on those sites. 

IN THE SENATE OF THE UNITED STATES 

MAY 13, 2010 

Mr. LAUTENBERG (for himself, Mrs. BOXER, and Mr. WHITEHOUSE) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

JUNE 18, 2010 

Reported by Mrs. BOXER, with amendments and an amendment to the title 

[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 establish a grant 

program to revitalize brownfield sites for the purpose 

of locating renewable electricity generation facilities on 

those sites. 

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 ‘‘Cleanfields Investment 

3 Act’’. 

4 SEC. 2. PURPOSE. 

5 The purpose of this Act is to establish a program to 

6 fund grants— 

7 (1) to inventory, characterize, assess, and con8 duct planning relating to brownfield sites for the 

9 purpose of locating renewable electricity generation 

10 facilities or renewable energy manufacturing facilities 

11 on those brownfield sites; or 

12 (2) for use in remediating brownfield sites for 

13 the purpose of locating renewable electricity genera14 tion facilities and renewable energy manufacturing 

15 facilities on those brownfield sites. 

16 SEC. 3. DEFINITION. 

17 Section 101 of the Comprehensive Environmental Re18 sponse, Compensation, and Liability Act of 1980 (42 

19 U.S.C. 9601) is amended by adding at the end the fol20 lowing: 

21 ‘‘(42) RENEWABLE ELECTRICITY GENERATION

22 FACILITY.—The term ‘renewable electricity genera23 tion facility’ means a facility that generates renew24 able electricity from wind energy, solar energy, or 

25 geothermal energy. 


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1 ‘‘(42) RENEWABLE ELECTRICITY GENERATION

2 FACILITY.—The term ‘renewable electricity generation 

3 facility’ means a facility that generates renewable 

4 electricity from wind energy, solar energy, or geo5 thermal energy. 

6 ‘‘(43) RENEWABLE ENERGY MANUFACTURING FA7 CILITY.—The term ‘renewable energy manufacturing 

8 facility’ means a facility that manufactures compo9 nents or systems for use in generating renewable elec10 tricity from wind energy, solar energy, or geothermal 

11 energy.’’. 

12 SEC. 4. RENEWABLE ELECTRICITY BROWNFIELD SITE 

13 FUNDING. 

14 Section 104(k) of the Comprehensive Environmental 

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

16 U.S.C. 9604(k)) is amended— 

17 (1) by redesignating paragraph (12) as para18 graph (13); 

19 (2) by inserting after paragraph (11) the fol20 lowing: 

21 ‘‘(12) RENEWABLE ELECTRICITY BROWNFIELD

22 SITE FUNDING.— 

23 ‘‘(A) IN GENERAL.—The Administrator 

24 shall establish a program to provide grants to— 


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1 ‘‘(i) eligible entities, to be used for 

2 capitalization of revolving loan funds to 

3 provide assistance in accordance with sub4 paragraph (B); and 

5 ‘‘(ii) eligible entities or nonprofit orga6 nizations, as determined by the Adminis7 trator in accordance with subparagraph 

8 (C), to be used directly— 

9 ‘‘(I) to inventory, characterize, 

10 assess, and conduct planning relating 

11 to 1 or more brownfield sites for the 

12 purpose of locating a renewable elec13 tricity generation facility or a renew14 able energy manufacturing facility on 

15 those brownfield sites; or 

16 ‘‘(II) for remediation of 1 or 

17 more brownfield sites for the purpose 

18 of locating a renewable electricity gen19 eration facility or a renewable energy 

20 manufacturing facility on those 

21 brownfield sites. 

22 ‘‘(B) USE OF LOAN AND GRANT FUNDS

23 PROVIDED BY ELIGIBLE ENTITIES.—An eligible 

24 entity that receives a grant under subparagraph 

25 (A)(i) shall use the grant to provide assistance 


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1 for a purpose described in subparagraph (A)(ii) 

2 in the form of 1 or more— 

3 ‘‘(i) loans to an eligible entity, site 

4 owner, site developer, or other person; or 

5 ‘‘(ii) grants to an eligible entity or 

6 other nonprofit organization, where war7 ranted, as determined in accordance with 

8 subparagraph (C) by the eligible entity 

9 that is providing the assistance. 

10 ‘‘(C) CONSIDERATIONS.— 

11 ‘‘(i) IN GENERAL.—Not later than 90 

12 days after the date of enactment of the 

13 Cleanfields Investment Act, the Adminis14 trator shall issue guidance describing the 

15 considerations to be used in determining 

16 whether a grant under subparagraph (A) is 

17 warranted for a purpose described in sub18 paragraph (A)(ii). 

19 ‘‘(ii) USE OF GUIDANCE.—The guid20 ance issued under clause (i) shall be used 

21 by the Administrator or an eligible entity, 

22 as the case may be, to determine whether 

23 a grant under subparagraph (A) is war24 ranted. 

25 ‘‘(D) RANKING CRITERIA.— 


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1 ‘‘(i) IN GENERAL.—The Administrator 

2 shall issue ranking criteria to be used in 

3 determining whether a grant under sub4 paragraph (A) is warranted for a purpose 

5 described in subparagraph (A)(ii). 

6 ‘‘(ii) USE OF RANKING CRITERIA.— 

7 The ranking criteria issued under clause 

8 (i) shall be used by the Administrator or 

9 an eligible entity, as the case may be, to 

10 determine whether a grant under subpara11 graph (A) is warranted. 

12 ‘‘(E) IMPLEMENTATION.—Paragraphs (4), 

13 (5)(A), (5)(B), and (6) through (11) shall apply 

14 to the implementation of this paragraph.’’; and 

15 (3) in paragraph (13) (as so redesignated), by 

16 adding at the end the following: 

17 ‘‘(C) AUTHORIZATION OF APPROPRIATIONS

18 FOR RENEWABLE ELECTRICITY GENERATION

19 FACILITY BROWNFIELDS FUNDING.—There is 

20 ‘‘(C) AUTHORIZATION OF APPROPRIATIONS

21 FOR RENEWABLE ELECTRICITY GENERATION FA22 CILITY AND RENEWABLE ENERGY MANUFAC23 TURING FACILITY BROWNFIELDS FUNDING.— 

24 There is authorized to be appropriated to the 

25 Administrator, to fund grants to inventory, 


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1 characterize, assess, and conduct planning re2 lating to brownfield sites for the purpose of lo3 cating renewable electricity generation facilities 

4 or renewable energy manufacturing facilities on 

5 those brownfield sites, or for remediation of 

6 brownfield sites for the purpose of locating re7 newable electricity generation facilities or re8 newable energy manufacturing facilities on those 

9 brownfield sites, $50,000,000 for each of fiscal 

10 years 2011 through 2016.’’. 

11 Amend the title so as to read ‘‘To amend the Comprehen12 sive Environmental Response, Compensation, and Liabil13 ity Act of 1980 to establish a grant program to revitalize 

14 brownfield sites for the purpose of locating renewable elec15 tricity generation facilities and renewable energy manufac16 turing facilities on those sites.’’. 


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Calendar No. 434 

111TH CONGRESS 

2D SESSION S. 3374 

[Report No. 111–210] 

A BILL 

To amend the Comprehensive Environmental Resites. newable electricity generation facilities on those brownfield sites for the purpose of locating re- to establish a grant program to revitalize sponse, Compensation, and Liability Act of 1980 

JUNE 18, 2010 

Reported with amendments and an amendment to the 

title 


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