,,ii #aaeth ,,congress #ast ,session ,h4 ,r4 #cjag ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #a1 #bjag,received ,,an ,,act ,to amend the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj to reauthorize and improve the brownfields program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,brownfields ,enhancement1 ,economic ,redevelopment1 and ,reauthorization ,act of #bjag4 #b4 ,redevelopment certainty for governmental entities ,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 ownership or control and all that follows through by virtue and inserting ownership or control through seizure or otherwise in connection with law enforcement activity1 or through bankruptcy1 tax delinquency1 abandonment1 or other circumstances in which the government acquires title by virtue4 #c4 ,petroleum brownfield enhancement ,section #aja7ci77;,d77ii77,,ii7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja7ci77;,d77ii77,,ii77 is amended by amending item 7bb7 to read as follows3 7bb7 is a site for which there is no viable responsible party and that is determined by the ,administrator or the ,state1 as appropriate1 to be a site that will be assessed1 investigated1 or cleaned up by a person that is not potentially liable for cleaning up the site under this ,act or any other law pertaining to the cleanup of petroleum products2 and 4 #d4 ,clarification of leaseholder interest ,section #aja7dj7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja7dj77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking 7or a tenant of a person7 that acquires ownership of and inserting who acquires ownership of1 or a leasehold interest in12 7#b7 in subparagraph 7,a71 by inserting or the leasehold interest in the facility before the period at the end2 7#c7 in subparagraph 7,b7-- 7,a7 in clause 7ii71 by inserting with respect to a person who acquires ownership of a facility4 ,the ,administrator shall establish standards and practices with respect to a person who acquires a leasehold interest in a facility before the period at the end2 and 7,b7 in clause 7iii71 by inserting 1 or acquisition of a leasehold interest1 after time of purchase2 7#d7 in subparagraph 7,h77i77,,ii71 by inserting 1 by the instruments by which the leasehold interest in the facility is acquired after ,january #aa1 #bjjb1 after financed2 and 7#e7 by adding at the end the following3 7,i7 ,leaseholders ,in the case of a person holding a leasehold interest in a facility-- 7i7 the leasehold interest in the facility-- 7,i7 is for a term of not less than #e years2 and 7,,ii7 grants the person control of1 and access to1 the facility2 and 7ii7 the person is responsible for the management of all hazardous substances at the facility4 4 #e4 ,expanded eligibility for nonprofit organizations 7a7 ,nonprofit organizations ,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 or after the semicolon2 7#b7 in subparagraph 7,h71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7,i7 an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of that ,code2 7,j7 a limited liability corporation in which all managing members are organizations described in subparagraph 7,i7 or limited liability corporations whose sole members are organizations described in subparagraph 7,i72 7,k7 a limited partnership in which all general partners are organizations described in subparagraph 7,i7 or limited liability corporations whose sole members are organizations described in subparagraph 7,i72 or 7,l7 a qualified community development entity 7as defined in section #de;,d7c77#a7 of the ,internal ,revenue ,code of #aihf74 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 entity or organization and inserting eligible entity2 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 #f4 ,treatment of publicly owned brownfield sites ,section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7 is amended-- 7#a7 in paragraph 7#b71 by adding at the end the following3 7,c7 ,exemption for certain publicly owned brownfield sites ,notwithstanding any other provision of law1 an eligible entity described in any of subparagraphs 7,a7 through 7,h7 of paragraph 7#a7 may receive a grant under this paragraph for property acquired by that eligible entity prior to ,january #aa1 #bjjb1 even if such eligible entity does not qualify as a bona fide prospective purchaser1 so long as the eligible entity has not caused or contributed to a release or threatened release of a hazardous substance at the property4 2 7#b7 in paragraph 7#c71 by adding at the end the following3 7,e7 ,exemption for certain publicly owned brownfield sites ,notwithstanding any other provision of law1 an eligible entity described in any of subparagraphs 7,a7 through 7,h7 of paragraph 7#a7 may receive a grant or loan under this paragraph for property acquired by that eligible entity prior to ,january #aa1 #bjjb1 even if such eligible entity does not qualify as a bona fide prospective purchaser1 so long as the eligible entity has not caused or contributed to a release or threatened release of a hazardous substance at the property4 2 and 7#c7 in paragraph 7#d77;,b77iii7-- 7,a7 by striking up to #be percent of the2 and 7,b7 by inserting described in any of subparagraphs 7,a7 through 7,h7 of paragraph 7#a7 after eligible entities4 #g4 ,remediation grant enhancement ,section #ajd7k77#c77;,a77ii7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#c77;,a77ii77 is amended by striking #bjj1jjj for each site to be remediated and inserting #ejj1jjj for each site to be remediated1 which limit may be waived by the ,administrator1 but not to exceed a total of #gej1jjj for each site1 based on the anticipated level of contamination1 size1 or ownership status of the site4 #h4 ,multipurpose brownfields grants ,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 paragraphs 7#d7 through 7#ab7 as paragraphs 7#e7 through 7#ac71 respectively2 7#b7 in paragraph 7#c77;,a71 by striking ,subject to paragraphs 7#d7 and 7#e7 and inserting ,subject to paragraphs 7#e7 and 7#f72 7#c7 by inserting after paragraph 7#c7 the following3 7#d7 ,multipurpose brownfields grants 7,a7 ,in general ,subject to subparagraph 7,d7 and paragraphs 7#e7 and 7#f71 the ,administrator shall establish a program to provide multipurpose grants to an eligible entity based on the criteria under subparagraph 7,c7 and the considerations under paragraph 7#c77;,c71 to carry out inventory1 characterization1 assessment1 planning1 or remediation activities at #a or more brownfield sites in an area proposed by the eligible entity4 7,b7 ,grant amounts 7i7 ,individual grant amounts ,each grant awarded under this paragraph shall not exceed #a1jjj1jjj4 7ii7 ,cumulative grant amounts ,the total amount of grants awarded for each fiscal year under this paragraph may not exceed #ae percent of the amounts made available for the fiscal year to carry out this subsection4 7,c7 ,criteria ,in awarding a grant under this paragraph1 the ,administrator shall consider the extent to which the eligible entity is able-- 7i7 to provide an overall plan for revitalization of the #a or more brownfield sites in the proposed area in which the multipurpose grant will be used2 7ii7 to demonstrate a capacity to conduct the range of activities that will be funded by the multipurpose grant2 and 7iii7 to demonstrate that a multipurpose grant will meet the needs of the #a or more brownfield sites in the proposed area4 7,d7 ,condition ,as a condition of receiving a grant under this paragraph1 each eligible entity shall expend the full amount of the grant not later than the date that is #e years after the date on which the grant is awarded to the eligible entity1 unless the ,administrator provides an extension4 7,e7 ,ownership ,an eligible entity that receives a grant under this paragraph may not expend any of the grant funds on remediation of a brownfield site until such time as the eligible entity owns the brownfield site4 2 and 7#d7 by striking 7#b7 or 7#c7 each place it appears and inserting 7#b71 7#c71 or 7#d74 #i4 ,administrative costs for grant recipients ,paragraph 7#e7 of section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 7as redesignated by section #h of this ,act7 is amended-- 7#a7 in subparagraph 7,b7-- 7,a7 in clause 7i7-- 7i7 by striking subclause 7,,iii72 and 7ii7 by redesignating subclauses 7,,iv7 and 7,v7 as subclauses 7,,iii7 and 7,,iv71 respectively2 7,b7 by striking clause 7ii72 7,c7 by redesignating clause 7iii7 as clause 7ii72 and 7,d7 in clause 7ii7 7as redesignated by subparagraph 7,c7 of this paragraph71 by striking ,notwithstanding clause 7i77,,iv7 and inserting ,notwithstanding clause 7i77,,iii72 and 7#b7 by adding at the end the following3 7,e7 ,administrative costs 7i7 ,in general ,an eligible entity may use up to #e percent of the amounts made available under a grant or loan under this subsection for administrative costs4 7ii7 ,restriction ,for purposes of clause 7i71 the term administrative costs does not include-- 7,i7 investigation and identification of the extent of contamination of a brownfield site2 7,,ii7 design and performance of a response action2 or 7,,iii7 monitoring of a natural resource4 4 #aj4 ,renewable energy on brownfield sites ,paragraph 7#f7 of section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 7as redesignated by section #h of this ,act7 is amended by adding at the end of subparagraph 7,c7 the following3 7xi7 ,the extent to which a grant would facilitate the production of renewable energy on the site4 4 #aa4 ,small community technical assistance grants 7a7 ,in general ,section #abh7;a77#a77;,b7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbh7;a77#a77;,b77 is amended-- 7#a7 in clause 7ii7-- 7,a7 in subclause 7,i71 by striking 2 or and inserting a semicolon2 7,b7 in subclause 7,,ii71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7,,iii7 assist small communities1 ,indian tribes1 rural areas1 or disadvantaged areas in carrying out activities described in section #ajd7k77#g77;,a7 with respect to brownfield sites4 2 and 7#b7 by adding at the end the following3 7iii7 ,small communities1 ,indian tribes1 rural areas1 and disadvantaged areas 7,i7 ,in general ,to make grants to ,states or ,indian tribes under clause 7ii77,,iii71 the ,administrator may use not more than #a1ejj1jjj of the amounts made available to carry out section #ajd7k77#g7 in each fiscal year4 7,,ii7 ,limitation ,each grant made under subclause 7,i7 may be not more than #bj1jjj4 7iv7 ,definitions ,in this subparagraph3 7,i7 ,disadvantaged area ,the term disadvantaged area means a community with an annual median household income that is less than #bc of the statewide annual median household income1 as determined by the ,president based on the latest available decennial census4 7,,ii7 ,small community ,the term small community means a community with a population of not more than #aj1jjj individuals1 as determined by the ,president based on the latest available decennial census4 4 7b7 ,conforming amendment ,section #ajd7;g77#a7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7;g77#a77 is amended by inserting or section #abh7;a77#a77;,b77ii77,,iii7 after under this section4 #ab4 ,brownfields funding ,paragraph 7#ac7 of section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 7as redesignated by section #h of this ,act7 is amended to read as follows3 7#ac7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #bjj1jjj1jjj for each of fiscal years #bjah through #bjbb4 4 #ac4 ,state response program funding ,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 is authorized to be appropriated to carry out this subsection #ej1jjj1jjj for each of fiscal years #bjah through #bjbb4 4 ,passed the ,house of ,representatives ,november #cj1 #bjag4,karen ,l4 ,haas1,clerk