I 
115TH CONGRESS 
1ST SESSION H. R. 1758 
To amend the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 to modify provisions relating to brownfield remedi-
ation grants, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 28, 2017 
Ms. ESTY (for herself, Mr. KATKO, Mr. DEFAZIO, and Mrs. NAPOLITANO) in-
troduced the following bill; which was referred to the Committee on En-
ergy and Commerce, and in addition to the Committee on Transportation 
and Infrastructure, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To amend the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 to modify provisions 
relating to brownfield remediation grants, 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 ‘‘Brownfields Reauthor-
ization Act of 2017’’. 
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SEC. 2. INCREASED FUNDING LIMIT FOR DIRECT REMEDI-
ATION. 
Section 104(k)(3) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9604(k)(3)) is amended by adding at the 
end the following: 
‘‘(E) EXCEPTION.—If, in any fiscal year, 
the amount appropriated under this subsection 
exceeds $200,000,000, a grant provided in that 
fiscal year under subparagraph (A)(ii) may not 
exceed $600,000 for each site to be remedi-
ated.’’. 
SEC. 3. MULTIPURPOSE BROWNFIELDS GRANTS. 
Section 104(k) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(k)) is amended— 
(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)’’ and inserting ‘‘Subject to 
paragraphs (5) and (6)’’; and 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) MULTIPURPOSE BROWNFIELDS GRANTS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (D) and paragraphs (5) and (6), the Ad-
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ministrator shall establish a program to provide 
multipurpose grants to an eligible entity, based 
on the considerations under paragraph (3)(C), 
to carry out inventory, characterization, assess-
ment, planning, or remediation activities at 1 or 
more brownfield sites in a proposed area. 
‘‘(B) GRANT AMOUNTS.— 
‘‘(i) INDIVIDUAL GRANT AMOUNTS.— 
A grant awarded under this paragraph 
may not exceed $950,000. 
‘‘(ii) 
CUMULATIVE
GRANT 
AMOUNTS.—The total amount of grants 
awarded for each fiscal year under this 
paragraph may not exceed 15 percent of 
the funds made available for the fiscal year 
to carry out this subsection. 
‘‘(C) CRITERIA.—In awarding a grant 
under this paragraph, the Administrator shall 
consider the extent to which an eligible entity is 
able— 
‘‘(i) to provide an overall plan for re-
vitalization of the 1 or more brownfield 
sites in the proposed area in which the 
multipurpose grant will be used; 
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‘‘(ii) to demonstrate a capacity to con-
duct the range of eligible activities that 
will be funded by the multipurpose grant; 
and 
‘‘(iii) to demonstrate that a multipur-
pose grant will meet the needs of the 1 or 
more brownfield sites in the proposed area. 
‘‘(D) CONDITION.—As a condition of re-
ceiving a grant under this paragraph, each eli-
gible entity shall expend the full amount of the 
grant not later than the date that is 3 years 
after the date on which the grant is awarded to 
the eligible entity unless the Administrator, in 
the discretion of the Administrator, provides an 
extension.’’. 
SEC. 4. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANI-
ZATIONS. 
Section 104(k)(1) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9604(k)(1)) is amended— 
(1) in subparagraph (G) by striking ‘‘or’’ after 
the semicolon; 
(2) in subparagraph (H) by striking the period 
at the end and inserting a semicolon; and 
(3) by adding at the end the following: 
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‘‘(I) an organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 
and exempt from taxation under section 501(a) 
of that Code; 
‘‘(J) a limited liability corporation in which 
all managing members are organizations de-
scribed in subparagraph (I) or limited liability 
corporations whose sole members are organiza-
tions described in subparagraph (I); 
‘‘(K) a limited partnership in which all 
general partners are organizations described in 
subparagraph (I) or limited liability corpora-
tions whose sole members are organizations de-
scribed in subparagraph (I); or 
‘‘(L) a qualified community development 
entity (as defined in section 45D(c)(1) of the 
Internal Revenue Code of 1986).’’. 
SEC. 5. ALLOWING ADMINISTRATIVE COSTS FOR GRANT 
RECIPIENTS. 
Paragraph (5) of section 104(k) of the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by 
section 3(1) of this Act) is amended— 
(1) in subparagraph (B)— 
(A) in clause (i)— 
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(i) by striking subclause (III); and 
(ii) by redesignating subclauses (IV) 
and (V) as subclauses (III) and (IV), re-
spectively; 
(B) by striking clause (ii); 
(C) by redesignating clause (iii) as clause 
(ii); and 
(D) in clause (ii) (as so redesignated) by 
striking ‘‘Notwithstanding clause (i)(IV)’’ and 
inserting ‘‘Notwithstanding clause (i)(III)’’; and 
(2) by adding at the end the following: 
‘‘(E) ADMINISTRATIVE COSTS.— 
‘‘(i) IN GENERAL.—An eligible entity 
may use up to 9 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’ 
does not include the costs of— 
‘‘(I) investigation and identifica-
tion of the extent of contamination; 
‘‘(II) design and performance of 
a response action; or 
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‘‘(III) monitoring of a natural re-
source.’’. 
SEC. 
6. 
TREATMENT 
OF 
CERTAIN 
PUBLICLY 
OWNED 
BROWNFIELD SITES. 
Section 104(k)(2) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9604(k)(2)) is amended by adding at the 
end the following: 
‘‘(C) EXEMPTION FOR CERTAIN PUBLICLY 
OWNED BROWNFIELD SITES.—Notwithstanding 
any other provision of law, an eligible entity 
that is a governmental entity may receive a 
grant under this paragraph for property ac-
quired by that governmental entity prior to 
January 11, 2002, even if the governmental en-
tity does not qualify as a bona fide prospective 
purchaser (as that term is defined in section 
101(40)), so long as the eligible entity has not 
caused or contributed to a release or threatened 
release of a hazardous substance at the prop-
erty.’’. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
Paragraph (13) of section 104(k) of the Comprehen-
sive Environmental Response, Compensation, and Liabil-
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ity Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by 
section 3(1) of this Act) is amended to read as follows: 
‘‘(13) AUTHORIZATION OF APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $250,000,000 for each of the fiscal 
years 2017 through 2022.’’. 
SEC. 8. STATE RESPONSE PROGRAM FUNDING. 
Section 128(a)(3) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9628(a)(3)) is amended by striking 
‘‘2006’’ and inserting ‘‘2022’’. 
Æ 
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