I
105TH CONGRESS
2D SESSION
H. R. 3627
To assist local governments and local citizens’ organizations in the assessment
and remediation of brownfield sites, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 1, 1998
Mr. RUSH (for himself and Ms. FURSE) introduced the following bill; which
was referred to the Committee on Commerce, and in addition to the Com-
mittees on Transportation and Infrastructure, Ways and Means, and
Banking and Financial Services, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To assist local governments and local citizens’ organizations
in the assessment and remediation of brownfield sites,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Brownfield Community
Empowerment Act’’.
SEC. 2. FINDINGS.
The Congress finds that:
(1) Brownfields are abandoned, idled, or under-
used industrial and commercial facilities where ex-
pansion or redevelopment is complicated by real or
perceived environmental contamination.
(2) Brownfields impede the economic develop-
ment of surrounding areas.
(3) Brownfields affect the environmental integ-
rity of associated wetlands and waterways which
have been contaminated by prior industrial use.
(4) Cleanup of brownfields can improve the en-
vironment by addressing low-level, low-risk contami-
nation that might not otherwise be remediated.
(5) Development of brownfields has the poten-
tial to trigger local economics by creating jobs, es-
tablishing recreational areas, and increasing local
tax revenues.
SEC. 3. DEFINITIONS.
In this Act:
(1) CERCLA TERMS.—The terms ‘‘Adminis-
trator’’, ‘‘environment’’, ‘‘facility’’, ‘‘ground water’’,
‘‘hazardous substance’’, ‘‘Indian tribe’’, ‘‘natural re-
sources’’, ‘‘owner or operator’’, ‘‘person’’, ‘‘pollutant
or contaminant’’, ‘‘release’’, ‘‘response action’’, and
‘‘State’’ have the meanings given such terms in sec-
tion 101 of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9601).
(2) BROWNFIELD SITE.—The term ‘‘brownfield
site’’ means a parcel of land that contains or con-
tained abandoned or under-used commercial or in-
dustrial facilities, the expansion or redevelopment of
which may be complicated by the presence or poten-
tial presence of hazardous substances, pollutants, or
contaminants.
(3) DISPOSAL.—The term ‘‘disposal’’ has the
meaning given the term in section 1004 of the Solid
Waste Disposal Act (42 U.S.C. 6903).
(4) ENVIRONMENTAL
CONTAMINATION.—The
term ‘‘environmental contamination’’ means the ex-
istence at a brownfield site of one or more hazardous
substances, pollutants, or contaminants that may
pose a threat to human health or the environment.
(5) GRANT.—The term ‘‘grant’’ includes a co-
operative agreement.
(6) LOCAL
CITIZEN’S
ORGANIZATION.—The
term ‘‘local citizen’s organization’’ means an incor-
porated nonprofit organization exempt from taxes
under section 501(c)(3) of the Internal Revenue
Code of 1986, including watershed restoration, envi-
ronmental restoration, and watershed councils, local