I
104TH CONGRESS
2D SESSION
H. R. 3214
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 to establish a brownfield cleanup loan program.
IN THE HOUSE OF REPRESENTATIVES
MARCH 29, 1996
Mr. FRANKS of Connecticut introduced the following bill; which was referred
to the Committee on 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 establish a
brownfield cleanup loan program.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CLEANUP OF BROWNFIELDS.
The Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 is amended by adding
the following new title at the end thereof:
‘‘TITLE VI—CLEANUP OF BROWNFIELDS
‘‘SEC. 601. DEFINITION OF BROWNFIELD SITE.
‘‘As used in this title, the term ‘brownfield site’
means a parcel of land that contains, or contained aban-
doned or under-used commercial or industrial facilities,
the expansion or redevelopment of which is complicated
by the presence or potential presence of hazardous sub-
stances.
‘‘SEC. 602. BROWNFIELD CLEANUP ASSISTANCE PROGRAM.
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Adminis-
trator shall establish a program to provide loans for the
environmental assessment and remediation of eligible
brownfield sites.
‘‘(b) 
ELIGIBLE
BROWNFIELD
SITES.—Any
brownfield site shall be eligible for assistance under this
title unless the site is one of the following:
‘‘(1) Any facility that is the subject of ongoing
removal action under title I of this Act.
‘‘(2) Any facility included, or proposed for in-
clusion, in the National Priorities List maintained
by the Administrator under title I of this Act.
‘‘(3) Any facility with respect to which an ad-
ministrative order on consent or judicial consent de-
cree requiring cleanup has been entered into by the
United States under the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.), the Federal Water Pollu-
tion Control Act (33 U.S.C. 1251 et seq.), the Toxic
one or more eligible brownfield sites. Such response action
shall be for purposes of making such site or sites available
for manufacturing, business, or other commercial or resi-
dential purposes.
‘‘(e) SUNSET.—No amount shall be available from
the Hazardous Substance Superfund for purposes of this
title.
‘‘(f) PROHIBITION.—No portion of any assistance
provided under this section to an eligible applicant may
be used for payment of penalties or fines.
‘‘(g) AUDITS.—The Inspector General of the Envi-
ronmental Protection Agency shall audit all loans made
under this section to insure that all funds are used for
the purposes set forth in this section.
‘‘(h) AGREEMENTS.—Each loan made under this sec-
tion shall be subject to an agreement which requires the
following:
‘‘(1) The agreement shall require the applicant
to comply with all applicable Federal and State laws
and regulations.
‘‘(2) The agreement shall require that the ap-
plicant shall use the loan exclusively for purposes
specified in subsection (c) or (d), as the case may
be.
‘‘(3) The agreement shall provide for repayment
of the loan within a specified period, not to exceed
10 years.
‘‘(4) The agreement shall contain such other
terms and conditions that the Administrator deter-
mines necessary to carry out the purposes of this
title.
‘‘(i) LEVERAGING.—The recipient of any assistance
under this section may use the assistance for part of a
project at an eligible brownfield site or sites which receives
funding from other sources, except that such assistance
may only be used for the purposes described in subsection
(c) or (d), as the case may be.
‘‘SEC. 603. APPLICATIONS FOR ASSISTANCE.
‘‘(a) IN GENERAL.—Any person may submit an ap-
plication to the Administrator for a loan under this title
for one or more eligible brownfield sites. An application
may be submitted to the Administrator through any Re-
gional Office of the Environmental Protection Agency.
The application shall be in such form as the Administrator
determines appropriate.
‘‘(b) APPLICATION REQUIREMENTS.—An application
for assistance under this title shall, at a minimum, include
each of the following:
‘‘(1) 
An 
identification 
of 
each 
eligible
brownfield site for which assistance is sought and a
description of the redevelopment plan for the area or
areas in which each such site is located. Such de-
scription shall include a description of the nature
and extent of any known or suspected environmental
contamination within the area.
‘‘(2) An analysis that demonstrates the poten-
tial of the loan to stimulate economic development
on completion of any necessary response action.
Such analysis shall include a projection of the num-
ber of jobs expected to be created at the site after
remediation and redevelopment and, to the extent
feasible, a description of the type and skill level of
such jobs and a projection of the increases in reve-
nues accruing to the local, State and Federal gov-
ernments from such jobs.
‘‘(c) APPROVAL.—After the first 12 months after the
enactment of this title, the Administrator shall make an-
nual evaluations of all applications received during the
prior calendar year and make loans under this title to
those States and municipalities submitting applications
during such prior year which the Administrator deter-
mines have the highest rankings under the ranking cri-
teria established by the Administrator. For the first 12
months after the enactment of this title, at the end of each
6-month period after the enactment of this title, the Ad-
ministrator shall make loans under this title to those ap-
plicants submitting applications before the end of such 6-
month period which the Administrator determines have
the highest rankings under the ranking criteria established
by the Administrator.
‘‘(d) RANKING CRITERIA.—In determining whether
to provide assistance under this title to any applicant, the
Administrator shall establish a ranking system for applica-
tions. The ranking system shall include the following cri-
teria:
‘‘(1) The extent to which the assistance will
stimulate the availability of other funds for response
action and subsequent redevelopment of the area in
which the eligible brownfield sites are located.
‘‘(2) The potential of the development plan for
the area in which the eligible brownfield sites are lo-
cated to stimulate economic development of the area
on completion of the response action such as the fol-
lowing:
‘‘(A) The relative increase in the estimated
fair market value of the area as a result of the
response action.
‘‘(B) The potential of the assistance to cre-
ate new, or expand existing, business and em-
ployment opportunities (particularly full-time
employment opportunities) upon completion of
the response action.
‘‘(C) The estimated additional tax revenues
expected to be generated by economic redevelop-
ment in the area in which the brownfield site is
located.
‘‘(3) The estimated extent to which the assist-
ance would facilitate the identification of, or reduc-
tion of, health and environmental risks.
‘‘(4) The extent to which the site characteriza-
tion and assessment or the remediation and subse-
quent development of the eligible brownfield site or
sites involves the active participation and support of
the local community.
‘‘(5) Such other factors as the Administrator
considers relevant to carry out the purposes of this
title.’’.
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