I 
110TH CONGRESS 
1ST SESSION H. R. 3080 
To amend the Internal Revenue Code of 1986 to provide tax incentives 
for the remediation of contaminated sites. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 18, 2007 
Mr. TURNER (for himself and Mrs. JONES of Ohio) introduced the following 
bill; which was referred to the Committee on Ways and Means 
A BILL 
To amend the Internal Revenue Code of 1986 to provide 
tax incentives for the remediation of contaminated sites. 
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 ‘‘America’s Brownfield 
Cleanup Act’’. 
SEC. 2. CREDIT FOR EXPENDITURES TO REMEDIATE CON-
TAMINATED SITES. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
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1986 (relating to business related credits) is amended by 
adding at the end the following new section: 
‘‘SEC. 45O. ENVIRONMENTAL REMEDIATION CREDIT. 
‘‘(a) IN GENERAL.—For purposes of section 38, the 
environmental remediation credit determined under this 
section is 50 percent of the qualified remediation expendi-
tures paid or incurred by the taxpayer during the taxable 
year with respect to a qualified contaminated site located 
in an eligible area. 
‘‘(b) QUALIFIED REMEDIATION EXPENDITURES.— 
For purposes of this section, the term ‘qualified remedi-
ation expenditures’ means expenditures, whether or not 
chargeable to capital account, in connection with— 
‘‘(1) the abatement or control of any hazardous 
substance at the qualified contaminated site in ac-
cordance with an approved remediation plan, 
‘‘(2) the demolition of any structure (or portion 
thereof) on such site if any portion of such structure 
is demolished in connection with such abatement or 
control, 
‘‘(3) the removal and disposal of property in 
connection with the activities described in para-
graphs (1) and (2), and 
‘‘(4) the reconstruction of utilities in connection 
with such activities. 
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Such term includes the cost of financial assurances (in-
cluding bonding) and insurance described in subsection 
(g)(4). 
‘‘(c) QUALIFIED CONTAMINATED SITE.—For pur-
poses of this section— 
‘‘(1) IN
GENERAL.—The term ‘qualified con-
taminated site’ means any area— 
‘‘(A) which is an eligible response site as 
defined in section 101(41) of the Comprehen-
sive Environmental Response, Compensation, 
and Liability Act of 1980, 
‘‘(B) which is held by the taxpayer for use 
in a trade or business or for the production of 
income, or which is property described in sec-
tion 1221(a)(1) in the hands of the taxpayer, 
‘‘(C) at or on which there has been a re-
lease (or threat of release) or disposal of any 
hazardous substance, and 
‘‘(D) with respect to which an approved re-
mediation plan and an approved redevelopment 
plan are both in effect. 
‘‘(2) NATIONAL PRIORITIES LISTED SITES NOT 
INCLUDED.—Such term shall not include any site 
which is on, or proposed for, the national priorities 
list under section 105(a)(8)(B) of the Comprehen-
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sive Environmental Response, Compensation, and 
Liability Act of 1980 (as in effect on the date of the 
enactment of this section). 
‘‘(d) HAZARDOUS SUBSTANCE.—For purposes of this 
section— 
‘‘(1) IN GENERAL.—The term ‘hazardous sub-
stance’ means— 
‘‘(A) any substance which is a hazardous 
substance as defined in section 101(14) of the 
Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980, 
‘‘(B) any substance which is designated as 
a hazardous substance under section 102 of 
such Act, and 
‘‘(C) any petroleum product (within the 
meaning of section 4612(a)(3)). 
‘‘(2) EXCEPTION.—Such term shall not include 
any substance with respect to which a removal or re-
medial action is not permitted under section 104 of 
such Act by reason of subsection (a)(3) thereof. 
‘‘(e) APPROVED REMEDIATION PLAN.—For purposes 
of this section, the term ‘approved remediation plan’ 
means, with respect to any site, any plan for the conduct 
of the activities described in paragraphs (1) through (4) 
of subsection (b)— 
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‘‘(1) which is approved by a State environ-
mental agency— 
‘‘(A) pursuant to a response program 
which includes each of the elements listed in 
section 128(a)(2) of the Comprehensive Envi-
ronmental Response, Compensation, and Liabil-
ity Act of 1980, and 
‘‘(B) after a determination by such agency 
that the plan provides for the abatement or 
control of the hazardous substances at such 
site, and 
‘‘(2) which includes a written statement from 
such agency that such site meets the requirements 
of paragraphs (1)(A), (1)(C), and (2) of subsection 
(c). 
‘‘(f) APPROVED REDEVELOPMENT PLAN.—For pur-
poses of this section, the term ‘approved redevelopment 
plan’ means, with respect to any site, any plan for the 
redevelopment of such site which is approved by the State 
development agency after a determination by such agency 
that the plan provides for the redevelopment of such site 
in a manner beneficial to the State and local economy and 
to the local community generally. 
‘‘(g) CREDIT MAY NOT EXCEED ALLOCATION.— 
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‘‘(1) IN GENERAL.—The environmental remedi-
ation credit determined under this section with re-
spect to any qualified contaminated site shall not ex-
ceed the credit amount allocated under this section 
by the State development agency to the taxpayer 
with respect to such site. 
‘‘(2) TIME FOR MAKING ALLOCATION.—An allo-
cation shall be taken into account under paragraph 
(1) for any taxable year only if made before the 
close of the calendar year in which such taxable year 
begins. 
‘‘(3) MANNER OF ALLOCATION.— 
‘‘(A) ALLOCATION MUST BE PURSUANT TO 
PLAN.—No amount may be allocated under this 
subsection to any qualified contaminated site 
unless— 
‘‘(i) an approved remediation plan and 
an approved redevelopment plan are both 
in effect with respect to such site, and 
‘‘(ii) such amount is allocated pursu-
ant to a qualified allocation plan of the 
State development agency. 
‘‘(B) QUALIFIED ALLOCATION PLAN.—For 
purposes of this paragraph, the term ‘qualified 
allocation plan’ means any plan— 
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‘‘(i) which sets forth selection criteria 
to be used to determine priorities of the 
State development agency in allocating 
credit amounts under this section, and 
‘‘(ii) which gives preference in allo-
cating credit amounts under this section to 
qualified contaminated sites based on— 
‘‘(I) the extent of poverty, 
‘‘(II) whether the site is located 
in an empowerment zone, enterprise 
community, or renewal community, 
‘‘(III) whether the site is located 
in the central business district of the 
local jurisdiction, 
‘‘(IV) the extent of the required 
environmental remediation, 
‘‘(V) the extent of the commer-
cial, industrial, or residential redevel-
opment of the site in addition to envi-
ronmental remediation, 
‘‘(VI) the extent of the financial 
commitment to such redevelopment, 
‘‘(VII) the amount of new em-
ployment expected to result from such 
redevelopment, and 
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‘‘(VIII) whether it is reasonably 
expected that under the approved re-
mediation plan at least 25 percent of 
the estimated total qualified remedi-
ation expenditures will be borne by 
one or more persons who are poten-
tially liable under section 107(a) of 
the Comprehensive Environmental Re-
sponse, Compensation, and Liability 
Act of 1980. 
‘‘(4) STATES
MAY
IMPOSE
OTHER
CONDI-
TIONS.—Nothing in this section shall be construed 
to prevent any State from requiring— 
‘‘(A) assurances, including bonding, that 
any project for which a credit amount is allo-
cated under this section will be properly com-
pleted or that the financial commitments of the 
taxpayer are actually carried out, 
‘‘(B) that the taxpayer obtain insurance 
which reimburses qualified remediation expendi-
tures in excess of the total estimated amount of 
such expenditures, or 
‘‘(C) that the taxpayer obtain insurance 
covering liability for personal injury, death, or 
property damage. 
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‘‘(h) STATE ENVIRONMENTAL REMEDIATION CREDIT 
CEILING.—For purposes of this section— 
‘‘(1) 
LIMITATION.—The 
aggregate 
credit 
amounts allocated by the State development agency 
during any calendar year shall not exceed the State 
environmental remediation credit ceiling applicable 
to such State for such calendar year. 
‘‘(2) 
DETERMINATION
OF
LIMITATION 
AMOUNT.—The State environmental remediation 
credit ceiling applicable to any State for any cal-
endar year shall be an amount equal to the sum of— 
‘‘(A) such State’s share of the national en-
vironmental remediation credit limitation for 
the calendar year, 
‘‘(B) the unused State environmental re-
mediation credit ceiling (if any) of such State 
for the calendar year, 
‘‘(C) the amount of State environmental 
remediation credit ceiling returned in the cal-
endar year, plus 
‘‘(D) the amount (if any) allocated under 
paragraph (5) to such State by the Secretary. 
‘‘(3) NATIONAL ENVIRONMENTAL REMEDIATION 
CREDIT LIMITATION.— 
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‘‘(A) IN GENERAL.—The national environ-
mental remediation credit limitation for each 
calendar year is $1,000,000,000. 
‘‘(B) STATE’S SHARE OF LIMITATION.—A 
State’s share of such limitation is the amount 
which bears the same ratio to the limitation ap-
plicable under subparagraph (A) for the cal-
endar year as such State’s population bears to 
the population of the United States. 
‘‘(4) UNUSED STATE ENVIRONMENTAL REMEDI-
ATION CREDIT CEILING.—The unused State environ-
mental remediation credit ceiling for any calendar 
year is the excess (if any) of— 
‘‘(A) the State environmental remediation 
credit ceiling applicable to the State for the pre-
ceding calendar year (determined without re-
gard to paragraph (2)(B)), over 
‘‘(B) the aggregate environmental remedi-
ation credit amount allocated by the State for 
such preceding year. 
‘‘(5) UNUSED ENVIRONMENTAL REMEDIATION 
CREDIT ALLOCATED AMONG STATES AFTER 1-YEAR 
CARRYFORWARD.— 
‘‘(A) IN GENERAL.—The excess unused en-
vironmental remediation credit of a State for 
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any calendar year shall be assigned to the Sec-
retary for allocation among qualified States for 
the succeeding calendar year. 
‘‘(B) EXCESS
UNUSED
ENVIRONMENTAL 
REMEDIATION
CREDIT.—For purposes of this 
paragraph, the excess unused environmental re-
mediation credit of a State for any calendar 
year is the excess (if any) of— 
‘‘(i) the unused State environmental 
remediation credit ceiling for the preceding 
calendar year, over 
‘‘(ii) the aggregate environmental re-
mediation credit amount allocated by the 
State for such preceding year. 
‘‘(C) FORMULA FOR ALLOCATION OF EX-
CESS UNUSED ENVIRONMENTAL REMEDIATION 
CREDIT AMONG STATES.—Rules similar to the 
rules of clauses (iii) and (iv) of section 
42(h)(3)(D) shall apply for purposes of this 
paragraph. 
‘‘(6) POPULATION.—For purposes of this sub-
section, population shall be determined in accord-
ance with section 146(j). 
‘‘(7) INFLATION ADJUSTMENT.—In the case of 
any calendar year after 2008, the $1,000,000,000 
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amount contained in paragraph (3) shall be in-
creased by an amount equal to— 
‘‘(A) such dollar amount, multiplied by 
‘‘(B) the cost-of-living adjustment deter-
mined under section 1(f)(3) for the calendar 
year, determined by substituting ‘calendar year 
2007’ for ‘calendar year 1992’ in subparagraph 
(B) thereof. 
Any increase determined under the preceding sen-
tence shall be rounded to the nearest multiple of 
$500,000. 
‘‘(i) OTHER DEFINITIONS AND SPECIAL RULE.—For 
purposes of this section— 
‘‘(1) ELIGIBLE AREA.— 
‘‘(A) IN
GENERAL.—The term ‘eligible 
area’ means the entire area encompassed by a 
local governmental unit or Indian tribal govern-
ment if such entire area contains at least 1 cen-
sus tract having a poverty rate of at least 20 
percent. 
‘‘(B) USE OF EQUIVALENT COUNTY DIVI-
SIONS.—In the case of any area which is not 
tracted for population census tracts, the equiva-
lent county divisions (as defined by the Bureau 
of the Census for purposes of defining poverty 
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areas) shall be treated as census tracts for pur-
poses of subparagraph (A). 
‘‘(C) USE
OF
CENSUS
DATA.—For pur-
poses of this paragraph, population and poverty 
rate shall be determined by the most recent de-
cennial census data available. 
‘‘(2) STATE
ENVIRONMENTAL
AGENCY.—The 
term ‘State environmental agency’ means any State 
agency specifically authorized by gubernatorial act 
or State statute to carry out the functions and re-
sponsibilities of a State environmental agency for 
purposes of this section. 
‘‘(3) 
STATE
DEVELOPMENT
AGENCY.—The 
term ‘State development agency’ means any State 
agency specifically authorized by gubernatorial act 
or State statute to carry out the functions and re-
sponsibilities of a State development agency for pur-
poses of this section. 
‘‘(4) POSSESSIONS TREATED AS STATES.—The 
term ‘State’ includes a possession of the United 
States. 
‘‘(5) SPECIAL
RULES
FOR
HAZARDOUS
SUB-
STANCES THAT ARE PETROLEUM PRODUCTS.—In the 
case of an area at or on which there has been a re-
lease (or threat of release) or disposal of any haz-
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ardous substance that is a petroleum product, the 
following rules shall apply: 
‘‘(A) 
The 
requirement 
of 
subsection 
(c)(1)(A) shall be deemed to be met. 
‘‘(B) 
The 
requirement 
of 
subsection 
(e)(1)(A) shall be deemed to be met. 
‘‘(C) Subsection (e)(2) shall be applied by 
substituting ‘(1)(C) and (2)’ for ‘(1)(A), (1)(C), 
and (2)’. 
‘‘(j) CREDIT MAY BE ASSIGNED.— 
‘‘(1) IN GENERAL.—If a taxpayer elects the ap-
plication of this subsection for any taxable year, the 
amount of credit determined under this section for 
such year which would (but for this subsection) be 
allowable to the taxpayer shall be allowable to the 
person designated by the taxpayer. The person so 
designated shall be treated as the taxpayer for pur-
poses of this title (other than this paragraph). 
‘‘(2) TREATMENT OF AMOUNTS PAID FOR AS-
SIGNMENT.—If any amount is paid to the person 
who assigns the credit determined under this sec-
tion, no portion of such amount shall be includible 
in such person’s gross income. 
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‘‘(k) RECAPTURE OF CREDIT IF APPROVED REMEDI-
ATION PLAN OR APPROVED REDEVELOPMENT PLAN NOT 
PROPERLY COMPLETED.— 
‘‘(1) IN GENERAL.—If— 
‘‘(A) the State environmental agency deter-
mines that the approved remediation plan for 
the qualified contaminated site was not properly 
completed, or 
‘‘(B) the State development agency deter-
mines that the approved redevelopment plan for 
such site was not properly completed, 
the taxpayer’s tax under this chapter for the taxable 
year in which such determination is made shall be 
increased by the credit recapture amount. 
‘‘(2) CREDIT RECAPTURE AMOUNT.—For pur-
poses of paragraph (1), the credit recapture amount 
is an amount equal to the sum of— 
‘‘(A) the aggregate decrease in the credits 
allowed to the taxpayer under section 38 for all 
prior taxable years which would have resulted if 
the credit allowable by reason of this section 
were not allowed, plus 
‘‘(B) interest at the overpayment rate es-
tablished under section 6621 on the amount de-
termined under subparagraph (A) for each 
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prior taxable year for the period beginning on 
the due date for filing the return for the prior 
taxable year involved. 
No deduction shall be allowed under this chapter for 
interest described in subparagraph (B). 
‘‘(3) SPECIAL RULES.— 
‘‘(A) TAX
BENEFIT
RULE.—The tax for 
the taxable year shall be increased under para-
graph (1) only with respect to credits allowed 
by reason of this section which were used to re-
duce tax liability. In the case of credits not so 
used to reduce tax liability, the carryforwards 
and carrybacks under section 39 shall be appro-
priately adjusted. 
‘‘(B) NO CREDITS AGAINST TAX.—Any in-
crease in tax under this subsection shall not be 
treated as a tax imposed by this chapter for 
purposes of determining the amount of any 
credit or the tax imposed by section 55. 
‘‘(l) DENIAL OF DOUBLE BENEFIT.— 
‘‘(1) IN GENERAL.—No deduction shall be al-
lowed for that portion of the qualified remediation 
expenditures otherwise allowable as a deduction for 
the taxable year which is equal to the amount of the 
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credit determined for such taxable year under this 
section. 
‘‘(2) SIMILAR
RULE
WHERE
TAXPAYER
CAP-
ITALIZES RATHER THAN DEDUCTS EXPENSES.—If— 
‘‘(A) the amount of the credit determined 
for the taxable year under this section, exceeds 
‘‘(B) the amount allowable as a deduction 
for such taxable year for qualified remediation 
expenditures (determined without regard to 
paragraph (1)), 
the amount chargeable to capital account for the 
taxable year for such expenditures shall be reduced 
by the amount of such excess. 
‘‘(3) CONTROLLED GROUPS.—In the case of a 
corporation which is a member of a controlled group 
of corporations (within the meaning of section 
41(f)(5)) or a trade or business which is treated as 
being under common control with other trades or 
businesses 
(within 
the 
meaning 
of 
section 
41(f)(1)(B)), this subsection shall be applied under 
rules prescribed by the Secretary similar to the rules 
applicable under subparagraphs (A) and (B) of sec-
tion 41(f)(1). 
‘‘(m) COST OF REMOVAL OR REMEDIAL ACTION.— 
The credit allowed under this section shall not be treated 
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as a cost of removal or remedial action incurred by the 
United States for purposes of section 107(a)(4)(A) of the 
Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980.’’. 
(b) GROSS INCOME EXCLUSION BY SITE OWNER OF 
REMEDIATION EXPENDITURES PAID
BY POTENTIALLY 
RESPONSIBLE PARTIES.—Part III of subchapter B of 
chapter 1 of such Code is amended by inserting after sec-
tion 139A the following new section: 
‘‘SEC. 139B. QUALIFIED REMEDIATION CONTRIBUTIONS 
FOR BROWNFIELD CLEANUP. 
‘‘(a) IN GENERAL.—Gross income shall not include 
any amount received as a qualified remediation contribu-
tion. 
‘‘(b) QUALIFIED REMEDIATION CONTRIBUTION.— 
For purposes of this section, the term ‘qualified remedi-
ation contribution’ means any amount which is paid— 
‘‘(1) to or for the benefit of the owner of any 
property, 
‘‘(2) by a person who is potentially liable with 
respect to such property under section 107(a) of the 
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980, and 
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‘‘(3) for qualified remediation expenditures (as 
defined in section 45O(b)) with respect to such prop-
erty. 
‘‘(c) DENIAL
OF
DOUBLE
BENEFIT.—Notwith-
standing any other provision of this subtitle— 
‘‘(1) no deduction or credit shall be allowed (to 
the person for whose benefit a qualified remediation 
contribution is made) for, or by reason of, any ex-
penditure to the extent of the amount excluded 
under this section with respect to such expenditure, 
and 
‘‘(2) no increase in the basis of any property 
shall result from any amount excluded under this 
section with respect to such property.’’. 
(c) CREDIT TREATED AS BUSINESS CREDIT.—Sec-
tion 38(b) of such Code is amended by striking ‘‘plus’’ 
at the end of paragraph (30), by striking the period at 
the end of paragraph (31) and inserting ‘‘, plus’’, and by 
adding at the end the following new paragraph: 
‘‘(32) the environmental remediation credit de-
termined under section 45O(a).’’. 
(d) CLERICAL AMENDMENTS.— 
(1) The table of sections for subpart D of part 
IV of subchapter A of chapter 1 of such Code is 
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