IB 
Union Calendar No. 298 
115TH CONGRESS 
1ST SESSION H. R. 3017 
[Report No. 115–303, Part I] 
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 
SEPTEMBER 11, 2017 
Reported from the Committee on Energy and Commerce 
SEPTEMBER 11, 2017 
Referral to the Committee on Transportation and Infrastructure extended for 
a period ending not later than October 13, 2017 
OCTOBER 12, 2017 
Referral to the Committee on Transportation and Infrastructure extended for 
an additional period ending not later than November 9, 2017 
NOVEMBER 9, 2017 
Additional sponsors: Ms. ESTY of Connecticut and Mr. KATKO 
NOVEMBER 9, 2017 
The Committee on Transportation and Infrastructure discharged; committed 
to the Committee of the Whole House on the State of the Union and or-
dered to be printed 
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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. 
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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’’. 
SEC. 
2. 
REDEVELOPMENT 
CERTAINTY 
FOR 
GOVERN-
MENTAL ENTITIES. 
Section 101(20)(D) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601(20)(D)) is amended by striking 
‘‘ownership or control’’ and all that follows through ‘‘by 
virtue’’ and inserting ‘‘ownership or control through sei-
zure or otherwise in connection with law enforcement ac-
tivity, or through bankruptcy, tax delinquency, abandon-
ment, or other circumstances in which the government ac-
quires title by virtue’’. 
SEC. 3. PETROLEUM BROWNFIELD ENHANCEMENT. 
Section 101(39)(D)(ii)(II) of the Comprehensive En-
vironmental Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601(39)(D)(ii)(II)) is amended by 
amending item (bb) to read as follows: 
‘‘(bb) is a site for which there is no 
viable responsible party and that is deter-
mined by the Administrator or the State, 
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as appropriate, to be a site that will be as-
sessed, 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 pe-
troleum products; and’’. 
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 
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(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: 
‘‘(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-
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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 
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).’’. 
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(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)— 
(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 
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(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: 
‘‘(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 
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