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104TH CONGRESS
2D SESSION
H. R. 3105
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 to exempt certain State and local redevelopment
boards or commissions, and fresh start users of facilities purchased
from those boards or commissions, from the liability under that Act.
IN THE HOUSE OF REPRESENTATIVES
MARCH 18, 1996
Mr. WOLF 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 determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned
A BILL
To amend the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 to exempt certain
State and local redevelopment boards or commissions,
and fresh start users of facilities purchased from those
boards or commissions, from the liability under that Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXEMPTION FROM CERCLA LIABILITY FOR
CERTAIN 
REDEVELOPMENT 
AUTHORITIES
AND FRESH START FACILITY USERS.
(a) EXEMPTION FOR CERTAIN REDEVELOPMENT AU-
THORITIES.—Section 107 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of
1980 is amended by adding the following at the end
thereof:
‘‘(n) REDEVELOPMENT AUTHORITIES.—No State or
local board, commission, or other entity, or any member
thereof, appointed or elected pursuant to State or local
law to plan for or implement the redevelopment or reuse
of a facility shall be liable under this section for costs or
damages with respect to any release or threat of release
from the facility to the extent such liability is based solely
on the entity’s status as an owner of the facility under
paragraph (1) of subsection (a) if such entity—
‘‘(1) has not engaged in any response action at
the facility;
‘‘(2) owns the facility or any portion thereof
only on a temporary basis prior to transfer to an-
other entity; and
‘‘(3) has not engaged in the generation of any
hazardous substance disposed of at such facility.’’.
(b) FRESH START USERS.—Section 101(35)(A) of
the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 is amended by striking
‘‘described in clause (i), (ii), or (iii)’’ and inserting ‘‘de-
scribed in clause (i), (ii), (iii), or (iv)’’ and by adding the
following after clause (iii):
‘‘(iv) The defendant acquired the facility from
a person exempt from liability under section 107(n)
and has not engaged in (I) any response action at
the facility, (II) disposal of any hazardous substance
at the facility, or (III) the generation of any hazard-
ous substance disposed of at such facility. This
clause shall not apply to any person who impedes
the performance of a response action or natural re-
source restoration at the facility concerned.’’.
(c) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall apply only with respect to
final agency actions, or court orders issued or judicial de-
cisions made, under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 after
the date of the enactment of this Act.
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