Brownfields Reauthorization Act of 2025

Bill: 119-s-347
Sponsor: full_name: Sen. Capito, Shelley Moore [R-WV]
Introduced: 2025-01-30
Policy area: Environmental Protection
Subjects: Alaska Natives and Hawaiians

Congressional oversight

Hazardous wastes and toxic substances

Indian lands and resources rights

Land use and conservation

Rural conditions and development

State and local government operations
Latest action: action_date: 2025-02-05
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 6.

Summaries:
action_date: 2025-01-30
action_desc: Introduced in Senate
text: <p><strong>Brownfields Reauthorization Act of 2025</strong></p><p>This bill extends through FY2030 and modifies the Brownfields Program under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The Brownfields Program is administered by the Environmental Protection Agency (EPA) to provide grants and technical assistance to states, communities, tribes, and other entities to assess, clean up, and reuse contaminated properties.</p><p>First, the bill expands eligibility for Brownfields Program resources to tax-exempt organizations defined under section 501(c)(6) of the Internal Revenue Code, which are organizations that are not organized for profit and do not provide net earnings to private shareholders or individuals (e.g., chambers of commerce).</p><p>Additionally, the bill</p><ul><li>increases to $1 million the maximum grant amount that the EPA may provide for brownfield remediation per site,</li><li>removes the 5% cap that a grant recipient may use for administrative costs,</li><li>reduces the cost-sharing requirement for grant recipients from 20% to 10%,</li><li>requires the EPA to waive cost-sharing requirements for grant recipients located in small communities or disadvantaged areas,</li><li>authorizes the use of grants by a state or Indian tribe for the implementation of a response program,</li><li>modifies the criteria used to rank grant applications by requiring the consideration of whether the applicant has a plan to engage a diverse set of local groups and organizations that represent the views of the local community directly affected by the proposed brownfield project, and</li><li>requires the EPA to report on and update application ranking criteria and the approval process.</li></ul>

tv_txt: II Calendar No. 6 119th CONGRESS 1st Session S. 347 IN THE SENATE OF THE UNITED STATES January 30, 2025 Mrs. Capito (for herself and Ms. Blunt Rochester ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works February 5, 2025 Reported by Mrs. Capito , without amendment A BILL To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to reauthorize brownfields revitalization funding, and for other purposes.

1. Short title This Act may be cited as the Brownfields Reauthorization Act of 2025 . 2. Improving small and disadvantaged community access to grant opportunities Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) ) is amended— (1) in paragraph (1)(I), by inserting or 501(c)(6) after section 501(c)(3) ; (2) in paragraph (5)(E)(i), by striking up to 5 percent of the ; (3) in paragraph (6)(C), by striking clause (ix) and inserting the following: (ix) The extent to which the applicant has a plan— (I) to engage a diverse set of local groups and organizations that effectively represent the views of the local community that will be directly affected by the proposed brownfield project; and (II) to meaningfully involve the local community described in subclause (I) in making decisions relating to the proposed brownfield project. ; (4) in paragraph (10)(B)(iii)— (A) by striking 20 percent and inserting 10 percent ; (B) by inserting the eligible entity is located in a small community or disadvantaged area (as those terms are defined in section 128(a)(1)(B)(iv)) or after unless ; and (C) by inserting , in which case the Administrator shall waive the matching share requirement under this clause before ; and ; and (5) in paragraph (13), by striking 2019 through 2023 and inserting 2025 through 2030 . 3. Increasing grant amounts Section 104(k)(3)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k)(3)(A)(ii) ) is amended by striking $500,000 and all that follows through the period at the end and inserting $1,000,000 for each site to be remediated. 4. State response programs Section 128(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9628(a) ) is amended— (1) in paragraph (1)(B)(i), by striking or enhance and inserting , enhance, or implement ; and (2) by striking paragraph (3) and inserting the following: (3) Authorization of appropriations There are authorized to be appropriated to carry out this subsection— (A) $50,000,000 for fiscal year 2025; (B) $55,000,000 for fiscal year 2026; (C) $60,000,000 for fiscal year 2027; (D) $65,000,000 for fiscal year 2028; (E) $70,000,000 for fiscal year 2029; and (F) $75,000,000 for fiscal year 2030. . 5. Report to identify opportunities to streamline application process; updating guidance (a) Report Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator ) shall submit to Congress a report that evaluates the application ranking criteria and approval process for grants and loans under section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) ), which shall include, with respect to those grants and loans— (1) an evaluation of the shortcomings in the existing application requirements that are a recurring source of confusion for potential recipients of those grants or loans; (2) an identification of the most common sources of point deductions on application reviews; (3) strategies to incentivize the submission of applications from small communities and disadvantaged areas (as those terms are defined in section 128(a)(1)(B)(iv) of that Act ( 42 U.S.C. 9628(a)(1)(B)(iv) ); and (4) recommendations, if any, to Congress on suggested legislative changes to the ranking criteria that would achieve the goal of streamlining the application process for small communities and disadvantaged areas (as so defined). (b) Updating guidance Not later than 1 year after the date of enactment of this Act, the Administrator shall update the guidance relating to the application ranking criteria and approval process for grants and loans under section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) ) to reduce the complexity of the application process while ensuring competitive integrity. 6. Brownfield revitalization funding for Alaska Native tribes Section 104(k)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k)(1) ) is amended— (1) in subparagraph (G), by striking other than in Alaska ; and (2) by striking subparagraph (H) and inserting the following: (H) a Regional Corporation or a Village Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )); .

February 5, 2025 Reported without amendment

tv_txt: II 119th CONGRESS 1st Session S. 347 IN THE SENATE OF THE UNITED STATES January 30, 2025 Mrs. Capito (for herself and Ms. Blunt Rochester ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to reauthorize brownfields revitalization funding, and for other purposes.

1. Short title This Act may be cited as the Brownfields Reauthorization Act of 2025 . 2. Improving small and disadvantaged community access to grant opportunities Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) ) is amended— (1) in paragraph (1)(I), by inserting or 501(c)(6) after section 501(c)(3) ; (2) in paragraph (5)(E)(i), by striking up to 5 percent of the ; (3) in paragraph (6)(C), by striking clause (ix) and inserting the following: (ix) The extent to which the applicant has a plan— (I) to engage a diverse set of local groups and organizations that effectively represent the views of the local community that will be directly affected by the proposed brownfield project; and (II) to meaningfully involve the local community described in subclause (I) in making decisions relating to the proposed brownfield project. ; (4) in paragraph (10)(B)(iii)— (A) by striking 20 percent and inserting 10 percent ; (B) by inserting the eligible entity is located in a small community or disadvantaged area (as those terms are defined in section 128(a)(1)(B)(iv)) or after unless ; and (C) by inserting , in which case the Administrator shall waive the matching share requirement under this clause before ; and ; and (5) in paragraph (13), by striking 2019 through 2023 and inserting 2025 through 2030 . 3. Increasing grant amounts Section 104(k)(3)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k)(3)(A)(ii) ) is amended by striking $500,000 and all that follows through the period at the end and inserting $1,000,000 for each site to be remediated. 4. State response programs Section 128(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9628(a) ) is amended— (1) in paragraph (1)(B)(i), by striking or enhance and inserting , enhance, or implement ; and (2) by striking paragraph (3) and inserting the following: (3) Authorization of appropriations There are authorized to be appropriated to carry out this subsection— (A) $50,000,000 for fiscal year 2025; (B) $55,000,000 for fiscal year 2026; (C) $60,000,000 for fiscal year 2027; (D) $65,000,000 for fiscal year 2028; (E) $70,000,000 for fiscal year 2029; and (F) $75,000,000 for fiscal year 2030. . 5. Report to identify opportunities to streamline application process; updating guidance (a) Report Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator ) shall submit to Congress a report that evaluates the application ranking criteria and approval process for grants and loans under section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) ), which shall include, with respect to those grants and loans— (1) an evaluation of the shortcomings in the existing application requirements that are a recurring source of confusion for potential recipients of those grants or loans; (2) an identification of the most common sources of point deductions on application reviews; (3) strategies to incentivize the submission of applications from small communities and disadvantaged areas (as those terms are defined in section 128(a)(1)(B)(iv) of that Act ( 42 U.S.C. 9628(a)(1)(B)(iv) ); and (4) recommendations, if any, to Congress on suggested legislative changes to the ranking criteria that would achieve the goal of streamlining the application process for small communities and disadvantaged areas (as so defined). (b) Updating guidance Not later than 1 year after the date of enactment of this Act, the Administrator shall update the guidance relating to the application ranking criteria and approval process for grants and loans under section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k) ) to reduce the complexity of the application process while ensuring competitive integrity. 6. Brownfield revitalization funding for Alaska Native tribes Section 104(k)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(k)(1) ) is amended— (1) in subparagraph (G), by striking other than in Alaska ; and (2) by striking subparagraph (H) and inserting the following: (H) a Regional Corporation or a Village Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )); .