Brownfields Authorization Increase Act of 2017

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to reauthorize and improve the Brownfields revitalization program, and for other purposes. 1. Short title This Act may be cited as the Brownfields Authorization Increase Act of 2017 2. Clarification of State or local government ownership Section 101(20)(D) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601(20)(D) involuntarily 3. Nonprofit organization eligibility (a) Definition of eligible entity 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 Alaska; or Alaska; (2) in subparagraph (H), by striking Indian community. Indian community; or (3) by adding at the end the following new subparagraph: (I) a nonprofit organization, including— (i) an organization described in section 501(c)(3) (ii) a limited liability corporation in which all managing members or all members are organizations described under clause (i); (iii) a limited partnership in which all general partners are— (I) organizations described under clause (i); (II) limited liability corporations whose members are all organizations described under clause (i); or (III) any combination of subclauses (I) and (II); or (iv) a qualified community development entity, as defined in section 45D(c)(1) . (b) Conforming amendments Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) (1) in paragraph (3)— (A) in subparagraph (A)(ii)— (i) by striking or nonprofit organizations (ii) by striking or organization (B) in subparagraph (B)(ii)— (i) by striking or other nonprofit organization (ii) by striking or nonprofit organization (2) in paragraph (6)(A), by striking or nonprofit organizations 4. Increased funding limit for direct remediation Section 104(k)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k)(3)(A) (1) in clause (ii)— (A) by striking $200,000 $750,000 (B) by inserting , except that during the period of fiscal years 2018 through 2022, the President may, on not more than 2 occasions, waive such $750,000 limitation to permit the entity to receive a grant in an amount not to exceed $1,500,000 for a site to be remediated based on special circumstances, as determined by the President site to be remediated (2) by adding after clause (ii) the following: The President may transfer any duties under this subparagraph to the Administrator. . 5. Indirect costs Subparagraph (B) of section 104(k)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k)(4) (1) in clause (i), by striking subclause (III) and redesignating subclauses (IV) and (V) as subclauses (III) and (IV), respectively; and (2) by striking clause (ii) and inserting the following: (ii) Acceptable use of funds (I) In general In addition to other acceptable purposes described in this subsection, a grant or loan under this subsection may be used for payment for the costs of— (aa) investigation and identification of the extent of contamination; (bb) design and performance of a response action; and (cc) monitoring of a natural resource. (II) Indirect costs Not more than 10 percent of a grant or loan under this subsection may be used for the payment of indirect costs. . 6. Eligibility for funding for brownfield sites acquired prior to January 11, 2002 Subparagraph (B) of section 104(k)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k)(4) (iii) Exceptions Notwithstanding clause (i)(III), the Administrator may use funds made available to carry out this subsection for one or more of the following: (I) To make a grant under paragraph (2) to an eligible entity that acquired a brownfield site to be covered by the grant on or before January 11, 2002. (II) To make a grant under paragraph (3) to an eligible entity if such eligible entity, except as otherwise provided in this subclause, satisfies all of the elements set forth in section 101(40) to qualify as a bona fide prospective purchaser, except that the date of acquisition of the brownfield site was on or before January 11, 2002. The Administrator may make exceptions with regard to compliance with the elements set forth in section 101(40) based on mitigating circumstances, including any of the following: (aa) The brownfield site was acquired prior to May 31, 1997, and compliance with all appropriate inquiry (as required under section 101(40)(B)) cannot be fairly determined. (bb) A current site assessment of the brownfield site has found no evidence that the eligible entity caused or exacerbated contamination found at the site or failed to exercise appropriate care (as required under section 101(40)(D)) with respect to contamination found at the site. (cc) The eligible entity held a public hearing with respect to the grant application and no substantive testimony was offered that indicates that the eligible entity caused or exacerbated contamination found at the site or failed to exercise appropriate care (as required under section 101(40)(D)) with respect to contamination found at the site. (dd) There are other circumstances that make compliance with the elements set forth in section 101(40) impractical and not in the public interest. (III) To make a grant or loan under this subsection to an eligible entity if such entity— (aa) acquired ownership of the brownfield site at least 30 years prior to the date of the grant or loan, but not later than May 31, 1997; (bb) did not cause or contribute to the contamination on the brownfield site; and (cc) can reasonably indicate why such entity cannot comply with the elements set forth in section 101(40) to qualify as a bona fide prospective purchaser. . 7. Multi-purpose brownfield grants (a) Multi-Purpose grant program Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) (1) by redesignating paragraph (12) as paragraph (15); (2) by redesignating paragraphs (4) through (11), as amended, as paragraphs (5) through (12), respectively; and (3) by adding after paragraph (3) the following new paragraph: (4) Multi-purpose brownfield grants (A) Establishment of program Subject to paragraphs (5) and (6), the Administrator shall establish a program to provide multi-purpose grants to eligible entities, where warranted, as determined by the Administrator based on considerations under paragraph (3)(C), to be used to inventory, characterize, assess, conduct planning related to, or remediate (or any combination thereof), one or more brownfield sites in an area, in amounts not to exceed $1,500,000 per grant. (B) Additional considerations In addition to the considerations under paragraph (3)(C), the Administrator, in determining to award a multi-purpose grant under the program under subparagraph (A), shall consider the extent to which the eligible entity demonstrates— (i) an overall plan for revitalization of brownfield sites in the area in which the multi-purpose grant will be used; (ii) the capacity to conduct the range of eligible activities that will be funded by the multi-purpose grant; and (iii) that a multi-purpose grant is appropriate for meeting the needs of the area in which the grant will be used. (C) Grant funds Grants provided under the program established under subparagraph (A) shall be expended not later than 3 years after the award of grant funding to the eligible entity, unless the Administrator determines that an extension of not more than 2 years is justified. (D) Ownership A recipient of a grant under this paragraph may not use amounts from such grant on remediation of a brownfield site until such recipient owns such site. (E) Existing authority Nothing in this paragraph shall limit any other authority of the President or the Administrator under this subsection. . (b) Conforming amendments (1) Section 104(k)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k)(3)(A) Subject to paragraphs (4) and (5) Subject to paragraphs (5) and (6) (2) Section 104(k)(3)(C) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k)(3)(C) or paragraph (4) under subparagraph (A)(ii) or (B)(ii) 8. Program for sustainable reuse and alternative energy on brownfield sites Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) (13) Program for sustainable reuse and alternative energy on brownfield sites (A) Establishment and use of funds The Administrator shall establish a program to make grants, on a competitive basis, to eligible entities to be used at one or more brownfield sites for projects that reduce environmental impact, increase community livability, and encourage sustainability, including— (i) sustainable reuse planning and site analysis, including— (I) site characterization and assessment; (II) area and corridor sustainability plans; and (III) engineering or feasibility analysis of environmentally beneficial site improvements; (ii) remediation; (iii) ecosystem restoration; and (iv) habitat restoration. (B) Project selection In addition to the criteria under paragraph (6), in selecting grant recipients under this paragraph, the Administrator shall take into consideration the extent to which a grant will facilitate future use of a brownfield site in an environmentally beneficial and sustainable manner, including the potential for renewable energy production and green infrastructure, including greenways and hike-bike trails, green buildings, and mixed use and transit-oriented development in smart growth locations. . 9. Staff for small, disadvantaged, or rural communities Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) (14) Staff for small, disadvantaged, or rural communities The Administrator, upon approval of an application made by an eligible entity serving a community that has a small population, is disadvantaged, or is in a rural location, and in accordance with the applicable provisions of subchapter VI of chapter 33 2/3 . 10. 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, (i) Definitions In this subparagraph: (I) Disadvantaged area The term disadvantaged area 2/3 (II) Small community The term small community (ii) Establishment of program The Administrator shall establish a program to provide grants that provide, ; and (2) by adding at the end the following: (iii) Small or disadvantaged community recipients (I) In general Subject to subclause (II), in carrying out the program under clause (ii), the Administrator shall use not more than $1,500,000 of amounts made available to carry out this paragraph to provide grants to eligible entities and institutions of higher education, as determined by the Administrator, to assist small communities, Indian tribes, rural areas, or disadvantaged areas in achieving the purposes described in clause (ii). (II) Limitation Each grant awarded under subclause (I) shall be not more than $10,000. . 11. Authorization of appropriations (a) Authorization of appropriations Subparagraph (A) of paragraph (15) (as redesignated by section 7(a)(1) of this Act) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) (A) Authorization of appropriations There are authorized to be appropriated to carry out this subsection— (i) $350,000,000 for fiscal year 2018; (ii) $400,000,000 for fiscal year 2019; (iii) $450,000,000 for fiscal year 2020; (iv) $500,000,000 for fiscal year 2021; (v) $550,000,000 for fiscal year 2022; and (vi) $600,000,000 for fiscal year 2023. . (b) Set aside for program for sustainable reuse and alternative energy on brownfield sites Paragraph (15) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) (C) Set aside for program for sustainable reuse and alternative energy on brownfield sites Of amounts made available each fiscal year pursuant to subparagraph (A), at least 7.5 percent of such amounts shall be used to carry out the program under paragraph (13). . 12. State response programs 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 are authorized to be appropriated to carry out this subsection— (A) $70,000,000 for fiscal year 2018; (B) $80,000,000 for fiscal year 2019; (C) $90,000,000 for fiscal year 2020; (D) $100,000,000 for fiscal year 2021; (E) $110,000,000 for fiscal year 2022; and (F) $120,000,000 for fiscal year 2023 and each fiscal year thereafter. .

Summary: Brownfields Authorization Increase Act of 2017 This bill amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 by: (1) reauthorizing through FY2023 and revising the brownfield revitalization funding program, and (2) permanently reauthorizing a grant program for state and tribal response programs (programs responding to brownfields). (Brownfield sites are certain commercial properties that are hindered from reuse or redevelopment due to the presence of a hazardous substance, pollutant, or contaminant.) Certain nonprofit organizations and community development entities are made eligible for brownfields revitalization funding. The bill increases the cap on the amount that may be given in grants for direct remediation of brownfield sites. The brownfield site characterization and assessment grant program is revised by authorizing eligible entities to receive grants for property they acquired on or before January 11, 2002. 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. In addition, the EPA must establish a grant program for brownfield projects that reduce the brownfield's environmental impact, increase community livability, and encourage sustainability. The EPA must establish a grant program that provides training, research, and technical assistance to facilitate the inventory of brownfield sites, site assessments, remediation of brownfield sites, community involvement, or site preparation. (Currently, the EPA may provide funding for this purpose.) The bill authorizes the EPA to use up to a specified amount of the funding made available for the grant program on grants to assist small communities, Indian tribes, rural areas, or disadvantaged areas.