,i #aaeth ,,congress #ast ,session ,h4 ,r4 #agdg ,,in ,,the ,,house ,,of ,,representatives ,march #bh1 #bjag,mr4 ,pallone 7for himself and ,mr4 ,tonko7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,transportation and ,infrastructure1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj to reauthorize and improve the ,brownfields revitalization program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,brownfields ,authorization ,increase ,act of #bjag4 #b4 ,clarification of ,state or local government ownership ,section #aja7bj77;,d7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja7bj77;,d77 is amended by striking involuntarily the first place it appears4 #c4 ,nonprofit organization eligibility 7a7 ,definition of eligible entity ,section #ajd7k77#a7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#a77 is amended-- 7#a7 in subparagraph 7,g71 by striking ,alaska2 or and inserting ,alaska22 7#b7 in subparagraph 7,h71 by striking ,indian community4 and inserting ,indian community2 or2 and 7#c7 by adding at the end the following new subparagraph3 7,i7 a nonprofit organization1 including-- 7i7 an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code2 7ii7 a limited liability corporation in which all managing members or all members are organizations described under clause 7i72 7iii7 a limited partnership in which all general partners are-- 7,i7 organizations described under clause 7i72 7,,ii7 limited liability corporations whose members are all organizations described under clause 7i72 or 7,,iii7 any combination of subclauses 7,i7 and 7,,ii72 or 7iv7 a qualified community development entity1 as defined in section #de;,d7c77#a7 of the ,internal ,revenue ,code of #aihf4 4 7b7 ,conforming amendments ,section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a77ii7-- 7i7 by striking or nonprofit organizations2 and 7ii7 by striking or organization2 and 7,b7 in subparagraph 7,b77ii7-- 7i7 by striking or other nonprofit organization2 and 7ii7 by striking or nonprofit organization2 and 7#b7 in paragraph 7#f77;,a71 by striking or nonprofit organizations4 #d4 ,increased funding limit for direct remediation ,section #ajd7k77#c77;,a7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#c77;,a771 as amended in section #c7;b7 of this ,act1 is further amended-- 7#a7 in clause 7ii7-- 7,a7 by striking #bjj1jjj and inserting #gej1jjj2 and 7,b7 by inserting 1 except that during the period of fiscal years #bjah through #bjbb1 the ,president may1 on not more than #b occasions1 waive such #gej1jjj limitation to permit the entity to receive a grant in an amount not to exceed #a1ejj1jjj for a site to be remediated based on special circumstances1 as determined by the ,president after site to be remediated2 and 7#b7 by adding after clause 7ii7 the following3 ,the ,president may transfer any duties under this subparagraph to the ,administrator4 4 #e4 ,indirect costs ,subparagraph 7,b7 of section #ajd7k77#d7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#d77 is amended-- 7#a7 in clause 7i71 by striking subclause 7,,iii7 and redesignating subclauses 7,,iv7 and 7,v7 as subclauses 7,,iii7 and 7,,iv71 respectively2 and 7#b7 by striking clause 7ii7 and inserting the following3 7ii7 ,acceptable use of funds 7,i7 ,in general ,in addition to other acceptable purposes described in this subsection1 a grant or loan under this subsection may be used for payment for the costs of-- 7aa7 investigation and identification of the extent of contamination2 7bb7 design and performance of a response action2 and 7cc7 monitoring of a natural resource4 7,,ii7 ,indirect costs ,not more than #aj percent of a grant or loan under this subsection may be used for the payment of indirect costs4 4 #f4 ,eligibility for funding for brownfield sites acquired prior to ,january #aa1 #bjjb ,subparagraph 7,b7 of section #ajd7k77#d7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#d771 as amended in section #e of this ,act1 is further amended by striking clause 7iii7 and inserting the following3 7iii7 ,exceptions ,notwithstanding clause 7i77,,iii71 the ,administrator may use funds made available to carry out this subsection for one or more of the following3 7,i7 ,to make a grant under paragraph 7#b7 to an eligible entity that acquired a brownfield site to be covered by the grant on or before ,january #aa1 #bjjb4 7,,ii7 ,to make a grant under paragraph 7#c7 to an eligible entity if such eligible entity1 except as otherwise provided in this subclause1 satisfies all of the elements set forth in section #aja7dj7 to qualify as a bona fide prospective purchaser1 except that the date of acquisition of the brownfield site was on or before ,january #aa1 #bjjb4 ,the ,administrator may make exceptions with regard to compliance with the elements set forth in section #aja7dj7 based on mitigating circumstances1 including any of the following3 7aa7 ,the brownfield site was acquired prior to ,may #ca1 #aiig1 and compliance with all appropriate inquiry 7as required under section #aja7dj77;,b77 cannot be fairly determined4 7bb7 ,a current site assessment of the brownfield site has found no evidence that the eligible entity caused or exacerbated contamination found at the site or failed to exercise appropriate care 7as required under section #aja7dj77;,d77 with respect to contamination found at the site4 7cc7 ,the eligible entity held a public hearing with respect to the grant application and no substantive testimony was offered that indicates that the eligible entity caused or exacerbated contamination found at the site or failed to exercise appropriate care 7as required under section #aja7dj77;,d77 with respect to contamination found at the site4 7dd7 ,there are other circumstances that make compliance with the elements set forth in section #aja7dj7 impractical and not in the public interest4 7,,iii7 ,to make a grant or loan under this subsection to an eligible entity if such entity-- 7aa7 acquired ownership of the brownfield site at least #cj years prior to the date of the grant or loan1 but not later than ,may #ca1 #aiig2 7bb7 did not cause or contribute to the contamination on the brownfield site2 and 7cc7 can reasonably indicate why such entity cannot comply with the elements set forth in section #aja7dj7 to qualify as a bona fide prospective purchaser4 4 #g4 ,multi-purpose brownfield grants 7a7 ,multi-,purpose grant program ,section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 is amended-- 7#a7 by redesignating paragraph 7#ab7 as paragraph 7#ae72 7#b7 by redesignating paragraphs 7#d7 through 7#aa71 as amended1 as paragraphs 7#e7 through 7#ab71 respectively2 and 7#c7 by adding after paragraph 7#c7 the following new paragraph3 7#d7 ,multi-purpose brownfield grants 7,a7 ,establishment of program ,subject to paragraphs 7#e7 and 7#f71 the ,administrator shall establish a program to provide multi-purpose grants to eligible entities1 where warranted1 as determined by the ,administrator based on considerations under paragraph 7#c77;,c71 to be used to inventory1 characterize1 assess1 conduct planning related to1 or remediate 7or any combination thereof71 one or more brownfield sites in an area1 in amounts not to exceed #a1ejj1jjj per grant4 7,b7 ,additional considerations ,in addition to the considerations under paragraph 7#c77;,c71 the ,administrator1 in determining to award a multi-purpose grant under the program under subparagraph 7,a71 shall consider the extent to which the eligible entity demonstrates-- 7i7 an overall plan for revitalization of brownfield sites in the area in which the multi-purpose grant will be used2 7ii7 the capacity to conduct the range of eligible activities that will be funded by the multi-purpose grant2 and 7iii7 that a multi-purpose grant is appropriate for meeting the needs of the area in which the grant will be used4 7,c7 ,grant funds ,grants provided under the program established under subparagraph 7,a7 shall be expended not later than #c years after the award of grant funding to the eligible entity1 unless the ,administrator determines that an extension of not more than #b years is justified4 7,d7 ,ownership ,a recipient of a grant under this paragraph may not use amounts from such grant on remediation of a brownfield site until such recipient owns such site4 7,e7 ,existing authority ,nothing in this paragraph shall limit any other authority of the ,president or the ,administrator under this subsection4 4 7b7 ,conforming amendments 7#a7 ,section #ajd7k77#c77;,a7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#c77;,a771 as amended1 is further amended by striking ,subject to paragraphs 7#d7 and 7#e7 and inserting ,subject to paragraphs 7#e7 and 7#f74 7#b7 ,section #ajd7k77#c77;,c7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#c77;,c77 is amended by inserting or paragraph 7#d7 after under subparagraph 7,a77ii7 or 7,b77ii74 #h4 ,program for sustainable reuse and alternative energy on brownfield sites ,section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 is amended by adding after paragraph 7#ab71 as redesignated by section #g7;a77#b7 of this ,act1 the following new paragraph3 7#ac7 ,program for sustainable reuse and alternative energy on brownfield sites 7,a7 ,establishment and use of funds ,the ,administrator shall establish a program to make grants1 on a competitive basis1 to eligible entities to be used at one or more brownfield sites for projects that reduce environmental impact1 increase community livability1 and encourage sustainability1 including-- 7i7 sustainable reuse planning and site analysis1 including-- 7,i7 site characterization and assessment2 7,,ii7 area and corridor sustainability plans2 and 7,,iii7 engineering or feasibility analysis of environmentally beneficial site improvements2 7ii7 remediation2 7iii7 ecosystem restoration2 and 7iv7 habitat restoration4 7,b7 ,project selection ,in addition to the criteria under paragraph 7#f71 in selecting grant recipients under this paragraph1 the ,administrator shall take into consideration the extent to which a grant will facilitate future use of a brownfield site in an environmentally beneficial and sustainable manner1 including the potential for renewable energy production and green infrastructure1 including greenways and hike-bike trails1 green buildings1 and mixed use and transit-oriented development in smart growth locations4 4 #i4 ,staff for small1 disadvantaged1 or rural communities ,section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 is amended by adding after paragraph 7#ac7 7as added by section #h of this ,act7 the following3 7#ad7 ,staff for small1 disadvantaged1 or rural communities ,the ,administrator1 upon approval of an application made by an eligible entity serving a community that has a small population1 is disadvantaged1 or is in a rural location1 and in accordance with the applicable provisions of subchapter ,,vi of chapter #cc of title #e1 ,united ,states ,code1 may assign employees of the ,environmental ,protection ,agency to such eligible entity to build local capacity for the remediation and revitalization of brownfield sites located in such communities4 ,the ,administrator shall determine1 consistent with existing law and regulation in effect as of the date of enactment of this paragraph and subject to comment and public review1 what qualifies as a community that has a small population1 is disadvantaged1 or is in a rural location for purposes of this paragraph1 provided that such definitions include rural municipalities1 municipalities with populations of up to #bj1jjj1 and municipalities in which the median household income is at or less than #b_/c of the ,state average4 4 #aj4 ,small community technical assistance grants ,paragraph 7#g77;,a7 of section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 7as redesignated by section #g7;a77#b7 of this ,act7 is amended-- 7#a7 by striking ,the ,administrator may provide1 and inserting the following3 7i7 ,definitions ,in this subparagraph3 7,i7 ,disadvantaged area ,the term disadvantaged area means an area with an annual median household income that is less than #b_/c of the statewide annual median household income1 as determined by the latest available decennial census4 7,,ii7 ,small community ,the term small community means a community with a population of not more than #bj1jjj individuals1 as determined by the latest available decennial census4 7ii7 ,establishment of program ,the ,administrator shall establish a program to provide grants that provide1 2 and 7#b7 by adding at the end the following3 7iii7 ,small or disadvantaged community recipients 7,i7 ,in general ,subject to subclause 7,,ii71 in carrying out the program under clause 7ii71 the ,administrator shall use not more than #a1ejj1jjj of amounts made available to carry out this paragraph to provide grants to eligible entities and institutions of higher education1 as determined by the ,administrator1 to assist small communities1 ,indian tribes1 rural areas1 or disadvantaged areas in achieving the purposes described in clause 7ii74 7,,ii7 ,limitation ,each grant awarded under subclause 7,i7 shall be not more than #aj1jjj4 4 #aa4 ,authorization of appropriations 7a7 ,authorization of appropriations ,subparagraph 7,a7 of paragraph 7#ae7 7as redesignated by section #g7;a77#a7 of this ,act7 of section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 is amended to read as follows3 7,a7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection-- 7i7 #cej1jjj1jjj for fiscal year #bjah2 7ii7 #djj1jjj1jjj for fiscal year #bjai2 7iii7 #dej1jjj1jjj for fiscal year #bjbj2 7iv7 #ejj1jjj1jjj for fiscal year #bjba2 7v7 #eej1jjj1jjj for fiscal year #bjbb2 and 7vi7 #fjj1jjj1jjj for fiscal year #bjbc4 4 7b7 ,set aside for program for sustainable reuse and alternative energy on brownfield sites ,paragraph 7#ae7 of section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k771 as redesignated by section #g7;a77#a7 of this ,act and as amended by subsection 7a7 of this section1 is further amended by adding after subparagraph 7,b7 the following new subparagraph3 7,c7 ,set aside for program for sustainable reuse and alternative energy on brownfield sites ,of amounts made available each fiscal year pursuant to subparagraph 7,a71 at least #g4e percent of such amounts shall be used to carry out the program under paragraph 7#ac74 4 #ab4 ,state response programs ,section #abh7;a77#c7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbh7;a77#c77 is amended to read as follows3 7#c7 ,funding ,there are authorized to be appropriated to carry out this subsection-- 7,a7 #gj1jjj1jjj for fiscal year #bjah2 7,b7 #hj1jjj1jjj for fiscal year #bjai2 7,c7 #ij1jjj1jjj for fiscal year #bjbj2 7,d7 #ajj1jjj1jjj for fiscal year #bjba2 7,e7 #aaj1jjj1jjj for fiscal year #bjbb2 and 7,f7 #abj1jjj1jjj for fiscal year #bjbc and each fiscal year thereafter4 4