I 
115TH CONGRESS 
1ST SESSION H. R. 3017 
To amend the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 to reauthorize and improve the brownfields pro-
gram, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 22, 2017 
Mr. MCKINLEY (for himself, Mr. WALDEN, Mr. PALLONE, Mr. SHIMKUS, and 
Mr. TONKO) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on 
Transportation and Infrastructure, 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 amend the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 to reauthorize and 
improve the brownfields program, 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 Enhance-
ment, Economic Redevelopment, and Reauthorization Act 
of 2017’’. 
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SEC. 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)) is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘(or a tenant of a person) that acquires 
ownership of’’ and inserting ‘‘who acquires owner-
ship of, or a leasehold interest in,’’; 
(2) in subparagraph (A), by inserting ‘‘or the 
leasehold interest in the facility’’ before the period at 
the end; 
(3) in subparagraph (B)— 
(A) in clause (ii), by inserting ‘‘with re-
spect to a person who acquires ownership of a 
facility. The Administrator shall establish 
standards and practices with respect to a per-
son who acquires a leasehold interest in a facil-
ity’’ before the period at the end; and 
(B) in clause (iii), by inserting ‘‘, or acqui-
sition of a leasehold interest,’’ after ‘‘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,’’ 
after ‘‘financed’’; and 
(5) by adding at the end the following: 
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‘‘(I) LEASEHOLDERS.—In the case of a 
person holding a leasehold interest in a facil-
ity— 
‘‘(i) the leasehold interest in the facil-
ity— 
‘‘(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.’’. 
SEC. 5. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANI-
ZATIONS. 
(a) NONPROFIT ORGANIZATIONS.—Section 104(k)(1) 
of the Comprehensive Environmental Response, Com-
pensation, 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: 
‘‘(I) an organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 
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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).’’. 
(b) CONFORMING AMENDMENTS.—Section 104(k)(3) 
of the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 
9604(k)(3)) is amended— 
(1) in subparagraph (A)(ii)— 
(A) by striking ‘‘or nonprofit organiza-
tions’’; and 
(B) by striking ‘‘entity or organization’’ 
and inserting ‘‘eligible entity’’; and 
(2) in subparagraph (B)(ii)— 
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(A) by striking ‘‘or other nonprofit organi-
zation’’; and 
(B) by striking ‘‘or nonprofit organiza-
tion’’. 
SEC. 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) is amended— 
(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 de-
scribed in any of subparagraphs (A) through 
(H) of paragraph (1) may receive a grant under 
this paragraph for property acquired by that el-
igible entity prior to January 11, 2002, even if 
such eligible entity does not qualify as a bona 
fide prospective purchaser, so long as the eligi-
ble entity has not caused or contributed to a re-
lease or threatened release of a hazardous sub-
stance at the property.’’; and 
(2) in paragraph (3), by adding at the end the 
following: 
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‘‘(E) EXEMPTION FOR CERTAIN PUBLICLY 
OWNED BROWNFIELD SITES.—Notwithstanding 
any other provision of law, an eligible entity de-
scribed 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 qual-
ify as a bona fide prospective purchaser, so long 
as the eligible entity has not caused or contrib-
uted to a release or threatened release of a haz-
ardous substance at the property.’’. 
SEC. 7. REMEDIATION GRANT ENHANCEMENT. 
Section 104(k)(3)(A)(ii) of the Comprehensive Envi-
ronmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9604(k)(3)(A)(ii)) is amended by strik-
ing ‘‘$200,000 for each site to be remediated’’ and insert-
ing ‘‘$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’’. 
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SEC. 8. 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)’’; 
(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-
ministrator 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. 
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‘‘(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 re-
vitalization 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 con-
duct the range of 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 5 years 
after the date on which the grant is awarded to 
the eligible entity, unless the Administrator pro-
vides an extension. 
‘‘(E) OWNERSHIP.—An eligible entity that 
receives a grant under this paragraph may not 
expend any of the grant funds on remediation 
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‘‘(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’ 
does not include— 
‘‘(I) investigation and identifica-
tion of the extent of contamination of 
a brownfield site; 
‘‘(II) design and performance of 
a response action; or 
‘‘(III) monitoring of a natural re-
source.’’. 
SEC. 10. RENEWABLE ENERGY ON BROWNFIELD SITES. 
Paragraph (6) 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 8 of this Act) is amended by adding at the end 
of subparagraph (C) the following: 
‘‘(xi) The extent to which a grant 
would facilitate the production of renew-
able energy on the site.’’. 
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SEC. 11. SMALL COMMUNITY TECHNICAL ASSISTANCE 
GRANTS. 
Paragraph (7)(A) of section 104(k) of the Com-
prehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesig-
nated by section 8 of this Act) is amended— 
(1) by striking ‘‘The Administrator may pro-
vide, or fund eligible entities or nonprofit organiza-
tions to provide,’’ and inserting the following: 
‘‘(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 Admin-
istrator 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 ac-
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tivities described in clause (i) with re-
spect to brownfield sites. 
‘‘(II) LIMITATION.—Each grant 
made under subclause (I) shall be not 
more than $20,000. 
‘‘(iii) DEFINITIONS.—In this subpara-
graph: 
‘‘(I) DISADVANTAGED
AREA.— 
The term ‘disadvantaged area’ means 
a community with an annual median 
household income that is less than 2/ 
3 of the statewide annual median 
household income, as determined by 
the President based on the latest 
available decennial census. 
‘‘(II) SMALL
COMMUNITY.—The 
term ‘small community’ means a com-
munity with a population of not more 
than 20,000 individuals, as deter-
mined by the President based on the 
latest available decennial census.’’. 
SEC. 12. BROWNFIELDS FUNDING. 
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 8 of this Act) is amended to read as follows: 
‘‘(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.’’. 
SEC. 13. 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 to read as fol-
lows: 
‘‘(3) FUNDING.—There is authorized to be ap-
propriated to carry out this subsection $50,000,000 
for each of fiscal years 2017 through 2021.’’. 
Æ 
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