Brownfields Enhancement, Economic Redevelopment, and Reauthorization Act of 2017

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to reauthorize and improve the brownfields program, and for other purposes. 1. Short title This Act may be cited as the Brownfields Enhancement, Economic Redevelopment, and Reauthorization Act of 2017 2. Redevelopment certainty for governmental entities Section 101(20)(D) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601(20)(D) ownership or control by virtue ownership or control through seizure or otherwise in connection with law enforcement activity, or through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government acquires title by virtue 3. Petroleum brownfield enhancement Section 101(39)(D)(ii)(II) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601(39)(D)(ii)(II) (bb) is a site for which there is no viable responsible party and that is determined by the Administrator or the State, as appropriate, to be a site that will be assessed, investigated, or cleaned up by a person that is not potentially liable for cleaning up the site under this Act or any other law pertaining to the cleanup of petroleum products; and . 4. Clarification of leaseholder interest Section 101(40) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601(40) (1) in the matter preceding subparagraph (A), by striking (or a tenant of a person) that acquires ownership of who acquires ownership of, or a leasehold interest in, (2) in subparagraph (A), by inserting or the leasehold interest in the facility (3) in subparagraph (B)— (A) in clause (ii), by inserting with respect to a person who acquires ownership of a facility. The Administrator shall establish standards and practices with respect to a person who acquires a leasehold interest in a facility (B) in clause (iii), by inserting , or acquisition of a leasehold interest, time of purchase (4) in subparagraph (H)(i)(II), by inserting , by the instruments by which the leasehold interest in the facility is acquired after January 11, 2002, financed (5) by adding at the end the following: (I) Leaseholders In the case of a person holding a leasehold interest in a facility— (i) the leasehold interest in the facility— (I) is for a term of not less than 10 years; and (II) grants the person control of, and access to, the facility; and (ii) the person is responsible for the management of all hazardous substances at the facility. . 5. Expanded eligibility for nonprofit organizations (a) Nonprofit organizations Section 104(k)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k)(1) (1) in subparagraph (G), by striking or (2) in subparagraph (H), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (I) an organization described in section 501(c)(3) (J) a limited liability corporation in which all managing members are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); (K) a limited partnership in which all general partners are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); or (L) a qualified community development entity (as defined in section 45D(c)(1) . (b) Conforming amendments Section 104(k)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k)(3) (1) in subparagraph (A)(ii)— (A) by striking or nonprofit organizations (B) by striking entity or organization eligible entity (2) in subparagraph (B)(ii)— (A) by striking or other nonprofit organization (B) by striking or nonprofit organization 6. Treatment of publicly owned brownfield sites Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604 (1) in paragraph (2), by adding at the end the following: (C) Exemption for certain publicly owned brownfield sites Notwithstanding any other provision of law, an eligible entity described in any of subparagraphs (A) through (H) of paragraph (1) may receive a grant under this paragraph for property acquired by that eligible entity prior to January 11, 2002, even if such eligible entity does not qualify as a bona fide prospective purchaser, so long as the eligible entity has not caused or contributed to a release or threatened release of a hazardous substance at the property. ; and (2) in paragraph (3), by adding at the end the following: (E) Exemption for certain publicly owned brownfield sites Notwithstanding any other provision of law, an eligible entity described in any of subparagraphs (A) through (H) of paragraph (1) may receive a grant or loan under this paragraph for property acquired by that eligible entity prior to January 11, 2002, even if such eligible entity does not qualify as a bona fide prospective purchaser, so long as the eligible entity has not caused or contributed to a release or threatened release of a hazardous substance at the property. . 7. Remediation grant enhancement Section 104(k)(3)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k)(3)(A)(ii) $200,000 for each site to be remediated $500,000 for each site to be remediated, which limit may be waived by the Administrator, but not to exceed a total of $750,000 for each site, based on the anticipated level of contamination, size, or ownership status of the site 8. Multipurpose brownfields grants Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) (1) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively; (2) in paragraph (3)(A), by striking Subject to paragraphs (4) and (5) Subject to paragraphs (5) and (6) (3) by inserting after paragraph (3) the following: (4) Multipurpose brownfields grants (A) In general Subject to subparagraph (D) and paragraphs (5) and (6), the Administrator shall establish a program to provide multipurpose grants to an eligible entity based on the criteria under subparagraph (C) and the considerations under paragraph (3)(C), to carry out inventory, characterization, assessment, planning, technical assistance, or remediation activities at 1 or more brownfield sites in an area proposed by the eligible entity. (B) Grant amounts Each grant awarded under this paragraph shall not exceed $1,000,000. (C) Criteria In awarding a grant under this paragraph, the Administrator shall consider the extent to which the eligible entity is able— (i) to provide an overall plan for revitalization of the 1 or more brownfield sites in the proposed area in which the multipurpose grant will be used; (ii) to demonstrate a capacity to conduct the range of activities that will be funded by the multipurpose grant; and (iii) to demonstrate that a multipurpose grant will meet the needs of the 1 or more brownfield sites in the proposed area. (D) Condition As a condition of receiving a grant under this paragraph, each eligible entity shall expend the full amount of the grant not later than the date that is 5 years after the date on which the grant is awarded to the eligible entity, unless the Administrator provides an extension. (E) Ownership An eligible entity that receives a grant under this paragraph may not expend any of the grant funds on remediation of a brownfield site until such time as the eligible entity owns the brownfield site. ; and (4) by striking (2) or (3) (2), (3), or (4) 9. Administrative costs for grant recipients Paragraph (5) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) (1) in subparagraph (B)— (A) in clause (i)— (i) by striking subclause (III); and (ii) by redesignating subclauses (IV) and (V) as subclauses (III) and (IV), respectively; (B) by striking clause (ii); (C) by redesignating clause (iii) as clause (ii); and (D) in clause (ii) (as redesignated by subparagraph (C) of this paragraph), by striking Notwithstanding clause (i)(IV) Notwithstanding clause (i)(III) (2) by adding at the end the following: (E) Administrative costs (i) In general An eligible entity may use up to 5 percent of the amounts made available under a grant or loan under this subsection for administrative costs. (ii) Restriction For purposes of clause (i), the term administrative costs (I) investigation and identification of the extent of contamination of a brownfield site; (II) design and performance of a response action; or (III) monitoring of a natural resource. . 10. Renewable energy on brownfield sites Paragraph (6) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) (xi) The extent to which a grant would facilitate the production of renewable energy on the site. . 11. Small community technical assistance grants Paragraph (7)(A) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) (1) by striking The Administrator may provide, or fund eligible entities or nonprofit organizations to provide, (i) In general The Administrator may provide, or fund eligible entities to provide, ; and (2) by adding at the end the following: (ii) Small community, Indian tribe, rural area, and disadvantaged area recipients (I) In general The Administrator shall use not more than $1,500,000 of the amounts made available to carry out this paragraph in each fiscal year to make grants to States that receive amounts under section 128(a) in that fiscal year to assist small communities, Indian tribes, rural areas, or disadvantaged areas in the State in carrying out activities described in clause (i) with respect to brownfield sites. (II) Limitation Each grant made under subclause (I) shall be not more than $20,000. (iii) Definitions In this subparagraph: (I) Disadvantaged area The term disadvantaged area (II) Small community The term small community . 12. Brownfields funding Paragraph (13) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) (13) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $200,000,000 for each of fiscal years 2017 through 2021. . 13. State response program funding Section 128(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9628(a)(3) (3) Funding There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2017 through 2021. . November 9, 2017 The Committee on Transportation and Infrastructure

Summary: Brownfields Enhancement, Economic Redevelopment, and Reauthorization Act of 2017 (Sec. 2) This bill modifies the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to specify if a state or local government takes title to a brownfield site as a result of law enforcement activity, that government is not an owner or operator for the purposes of CERCLA. (Brownfields are certain commercial properties that are hindered from reuse or redevelopment due to the presence of a hazardous substance, pollutant, or contaminant.) (Sec. 3) The bill modifies brownfield program eligibility with respect to petroleum sites where no viable responsible party exists. Specifically, it eliminates the requirement that sites be of relatively low risk. (Sec. 4) The bill revises leaseholder status regarding bona fide prospective purchasers. (Sec. 5) The bill expands CERCLA eligibility for nonprofit organizations and qualified community development entities. (Sec. 6) The brownfield site characterization and assessment grant program and the brownfield remediation grant and loan program are revised by authorizing eligible governmental entities to receive grants and loans for property that was acquired before January 11, 2002, even if the entities do not qualify as bona fide prospective purchasers. (Sec. 7) The bill increases the cap on the amount that may be given in grants and loans for each site to be remediated. (Sec. 8) The Environmental Protection Agency (EPA) must establish a program to provide multipurpose grants to carry out inventory, characterization, assessment, planning, or remediation activities at brownfield sites. (Sec. 9) The bill allows grant recipients to use up to 5% of funds for administrative costs. (Sec. 10) The EPA must consider the production of renewable energy on brownfield sites as part of the grant application ranking process. (Sec. 11) The EPA is allowed to provide grants to assist small communities, Indian tribes, rural areas, or disadvantaged areas for the purpose of establishing a brownfields program. (Sec. 12) The bill reauthorizes brownfields revitalization funding through FY2022. (Sec. 13) The bill reauthorizes state response programs through FY2022.