I 
113TH CONGRESS 
1ST SESSION H. R. 2896 
To amend the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 to modify provisions relating to grants, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 31, 2013 
Ms. SLAUGHTER (for herself, Mr. HIGGINS, Mr. MAFFEI, and Mr. TONKO) 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 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 Utiliza-
tion, Investment, and Local Development Act of 2013’’ or 
the ‘‘BUILD Act’’. 
VerDate Mar 15 2010 
22:50 Aug 05, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2896.IH
H2896
tkelley on DSK3SPTVN1PROD with BILLS
SEC. 2. 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: 
‘‘(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 
VerDate Mar 15 2010 
22:50 Aug 05, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2896.IH
H2896
tkelley on DSK3SPTVN1PROD with BILLS
‘‘(L) a qualified community development 
entity (as defined in section 45D(c)(1) of the 
Internal Revenue Code of 1986).’’. 
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 
(9) and (10) through (12) as paragraphs (5) 
through (10) and (13) through (15), 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-
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.— 
VerDate Mar 15 2010 
22:50 Aug 05, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2896.IH
H2896
tkelley on DSK3SPTVN1PROD with BILLS
‘‘(i) INDIVIDUAL GRANT AMOUNTS.— 
Each grant awarded under this paragraph 
shall not exceed $950,000. 
‘‘(ii) 
CUMULATIVE
GRANT 
AMOUNTS.—The total amount of grants 
awarded for each fiscal year under this 
paragraph shall 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; 
‘‘(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. 
VerDate Mar 15 2010 
22:50 Aug 05, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2896.IH
H2896
tkelley on DSK3SPTVN1PROD with BILLS
‘‘(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. 
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)).’’. 
VerDate Mar 15 2010 
22:50 Aug 05, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2896.IH
H2896
tkelley on DSK3SPTVN1PROD with BILLS
SEC. 5. INCREASED FUNDING FOR REMEDIATION GRANTS. 
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 $650,000 for each site, based on the anticipated 
level of contamination, size, or ownership status of the 
site’’. 
SEC. 6. 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)) is amended— 
(1) in subparagraph (B)— 
(A) in clause (i)— 
(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 
VerDate Mar 15 2010 
22:50 Aug 05, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2896.IH
H2896
tkelley on DSK3SPTVN1PROD with BILLS
(D) in clause (ii) (as redesignated by sub-
paragraph (C)), 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 8 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; 
‘‘(II) design and performance of 
a response action; or 
‘‘(III) monitoring of a natural re-
source.’’. 
SEC. 7. SMALL COMMUNITY TECHNICAL ASSISTANCE. 
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 3(1)) is amended— 
VerDate Mar 15 2010 
22:50 Aug 05, 2013
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2896.IH
H2896
tkelley on DSK3SPTVN1PROD with BILLS
(1) by striking ‘‘The Administrator’’ and insert-
ing the following: 
‘‘(i) IN
GENERAL.—The Adminis-
trator’’; and 
(2) by inserting after clause (i) (as added by 
paragraph (1)) the following: 
‘‘(ii) 
SMALL
COMMUNITY
RECIPI-
ENTS.—In carrying out the program under 
clause (i), the Administrator shall give pri-
ority to small communities, Indian tribes, 
rural areas, or low-income areas with a 
population of not more than 15,000 indi-
viduals, as determined by the latest avail-
able decennial census.’’. 
SEC. 8. WATERFRONT BROWNFIELDS GRANTS. 
Section 104(k) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(k)) is amended by inserting after paragraph 
(10) (as redesignated by section 3(1)) the following: 
‘‘(11) WATERFRONT BROWNFIELD SITES.— 
‘‘(A) 
DEFINITION
OF
WATERFRONT 
BROWNFIELD
SITE.—In this paragraph, the 
term ‘waterfront brownfield site’ means a 
brownfield site that is adjacent to a body of 
water or a federally designated floodplain. 
VerDate Mar 15 2010 
22:50 Aug 05, 2013
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2896.IH
H2896
tkelley on DSK3SPTVN1PROD with BILLS
‘‘(B) 
REQUIREMENTS.—In 
providing 
grants under this subsection, the Administrator 
shall— 
‘‘(i) take into consideration whether 
the brownfield site to be served by the 
grant is a waterfront brownfield site; and 
‘‘(ii) give consideration to waterfront 
brownfield sites.’’. 
SEC. 9. CLEAN ENERGY BROWNFIELDS GRANTS. 
Section 104(k) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(k)) (as amended by section 8) is amended 
by inserting after paragraph (11) the following: 
‘‘(12) 
CLEAN
ENERGY
PROJECTS
AT 
BROWNFIELD SITES.— 
‘‘(A) DEFINITION
OF
CLEAN
ENERGY 
PROJECT.—In this paragraph, the term ‘clean 
energy project’ means— 
‘‘(i) a facility that generates renew-
able electricity from wind, solar, or geo-
thermal energy; and 
‘‘(ii) any energy efficiency improve-
ment project at a facility, including com-
bined heat and power and district energy. 
VerDate Mar 15 2010 
22:50 Aug 05, 2013
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2896.IH
H2896
tkelley on DSK3SPTVN1PROD with BILLS
‘‘(B) 
ESTABLISHMENT.—The 
Adminis-
trator shall establish a program to provide 
grants— 
‘‘(i) to eligible entities to carry out in-
ventory, 
characterization, 
assessment, 
planning, feasibility analysis, design, or re-
mediation activities to locate a clean en-
ergy project at 1 or more brownfield sites; 
and 
‘‘(ii) to capitalize a revolving loan 
fund for the purposes described in clause 
(i). 
‘‘(C) MAXIMUM AMOUNT.—A grant under 
this paragraph shall not exceed $500,000.’’. 
SEC. 10. TARGETED FUNDING FOR STATES. 
Paragraph (15) 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)) is amended by adding at the end the fol-
lowing: 
‘‘(C) 
TARGETED
FUNDING.—Of 
the 
amounts made available under subparagraph 
(A) for a fiscal year, the Administrator may use 
not more than $2,000,000 to provide grants to 
States for purposes authorized under section 
VerDate Mar 15 2010 
22:50 Aug 05, 2013
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2896.IH
H2896
tkelley on DSK3SPTVN1PROD with BILLS
128(a), subject to the condition that each State 
that receives a grant under this subparagraph 
shall have used at least 50 percent of the 
amounts made available to that State in the 
previous fiscal year to carry out assessment and 
remediation activities under section 128(a).’’. 
SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
(a) BROWNFIELDS
REVITALIZATION
FUNDING.— 
Paragraph (15)(A) 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)) is amended by striking ‘‘2006’’ and inserting 
‘‘2016’’. 
(b) 
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)) is amended by striking ‘‘2006’’ and inserting 
‘‘2016’’. 
Æ 
VerDate Mar 15 2010 
22:50 Aug 05, 2013
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H2896.IH
H2896
tkelley on DSK3SPTVN1PROD with BILLS