,,ii ,calendar ,no4 #bac #aaeth ,,congress #ast ,session ,s4 #hbb ,report ,no4 #aae-adh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #d1 #bjag,mr4 ,inhofe 7for himself1 ,mr4 ,markey1 ,mr4 ,rounds1 ,mr4 ,booker1 ,mr4 ,crapo1 ,mr4 ,king1 ,mr4 ,whitehouse1 ,mr4 ,carper1 ,mrs4 ,gillibrand1 and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,september #g1 #bjag,reported by ,mr4 ,barrasso1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to amend the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj to modify provisions relating to grants1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,brownfields ,utilization1 ,investment1 and ,local ,development ,act of #bjag or the ,,build ,act4 #b4 ,expanded eligibility for 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 #c4 ,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#i7 and 7#aj7 through 7#ab7 as paragraphs 7#e7 through 7#aj7 and 7#ac7 through 7#ae71 respectively2 7#b7 in paragraph 7#c77;,a71 in the matter preceding clause 7i71 by striking subject to paragraphs 7#d7 and 7#e7 and inserting subject to paragraphs 7#e7 and 7#f72 and 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 considerations under paragraph 7#c77;,c71 to carry out inventory1 characterization1 assessment1 planning1 or remediation activities at #a or more brownfield sites in a proposed area4 7,b7 ,grant amounts 7i7 ,individual grant amounts ,each grant awarded under this paragraph shall not exceed #iej1jjj4 7ii7 ,cumulative grant amounts ,the total amount of grants awarded for each fiscal year under this paragraph shall not exceed #ae percent of the funds 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 an 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 eligible 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 #c years after the date on which the grant is awarded to the eligible entity unless the ,administrator1 in the discretion of the ,administrator1 provides an extension4 4 #d4 ,treatment of certain publicly owned brownfield sites ,section #ajd7k77#b7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#b77 is amended 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 that is a governmental entity may receive a grant under this paragraph for property acquired by that governmental entity prior to ,january #aa1 #bjjb1 even if the governmental entity does not qualify as a bona fide prospective purchaser 7as that term is defined in section #aja7dj771 so long as the eligible entity has not caused or contributed to a release or threatened release of a hazardous substance at the property4 4 #e4 ,increased funding for remediation grants ,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 #fej1jjj for each site1 based on the anticipated level of contamination1 size1 or ownership status of the site4 #f4 ,allowing 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 #c7a77 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,c771 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 #h 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 contamination2 7,,ii7 design and performance of a response action2 or 7,,iii7 monitoring of a natural resource4 4 #g4 ,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 #c7a77 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 #hj percent 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 #ae1jjj 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 #fjj1jjj of the amounts made available to carry out this paragraph to provide grants to ,states that receive amounts under section #abh7;a7 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 #g1ejj4 4 #h4 ,waterfront brownfields grants ,section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 is amended by inserting after paragraph 7#aj7 7as redesignated by section #c7a77 the following3 7#aa7 ,waterfront brownfield sites 7,a7 ,definition of waterfront brownfield site ,in this paragraph1 the term waterfront brownfield site means a brownfield site that is adjacent to a body of water or a federally designated floodplain4 7,b7 ,requirements ,in providing grants under this subsection1 the ,administrator shall-- 7i7 take into consideration whether the brownfield site to be served by the grant is a waterfront brownfield site2 and 7ii7 give consideration to waterfront brownfield sites4 4 #i4 ,clean energy brownfields grants ,section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 7as amended by section #h7 is amended by inserting after paragraph 7#aa7 the following3 7#ab7 ,clean energy projects at brownfield sites 7,a7 ,definition of clean energy project ,in this paragraph1 the term clean energy project means-- 7i7 a facility that generates renewable electricity from wind1 solar1 or geothermal energy2 and 7ii7 any energy efficiency improvement project at a facility1 including combined heat and power and district energy4 7,b7 ,establishment ,the ,administrator shall establish a program to provide grants-- 7i7 to eligible entities to carry out inventory1 characterization1 assessment1 planning1 feasibility analysis1 design1 or remediation activities to locate a clean energy project at #a or more brownfield sites2 and 7ii7 to capitalize a revolving loan fund for the purposes described in clause 7i74 7,c7 ,maximum amount ,a grant under this paragraph shall not exceed #ejj1jjj4 4 #aj4 ,targeted funding for ,states ,paragraph 7#ae7 of section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 7as redesignated by section #c7a77 is amended by adding at the end the following3 7,c7 ,targeted funding ,of the amounts made available under subparagraph 7,a7 for a fiscal year1 the ,administrator may use not more than #b1jjj1jjj to provide grants to ,states for purposes authorized under section #abh7;a71 subject to the condition that each ,state that receives a grant under this subparagraph shall have used at least #ej percent of the amounts made available to that ,state in the previous fiscal year to carry out assessment and remediation activities under section #abh7;a74 4 #aa4 ,authorization of appropriations 7a7 ,brownfields revitalization funding ,paragraph 7#ae77;,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 #c7a77 is amended by striking #bjjf and inserting #bjbj4 7b7 ,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 by striking #bjjf and inserting #bjbj4 #a4 ,short title ,this ,act may be cited as the ,brownfields ,utilization1 ,investment1 and ,local ,development ,act of #bjag or the ,,build ,act4 #b4 ,expanded eligibility for 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 #c4 ,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#i7 and 7#aj7 through 7#ab7 as paragraphs 7#e7 through 7#aj7 and 7#ac7 through 7#ae71 respectively2 7#b7 in paragraph 7#c77;,a71 in the matter preceding clause 7i71 by striking subject to paragraphs 7#d7 and 7#e7 and inserting subject to paragraphs 7#e7 and 7#f72 and 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 considerations under paragraph 7#c77;,c71 to carry out inventory1 characterization1 assessment1 planning1 or remediation activities at #a or more brownfield sites in a proposed area4 7,b7 ,grant amounts 7i7 ,individual grant amounts ,each grant awarded under this paragraph shall not exceed #iej1jjj4 7ii7 ,cumulative grant amounts ,the total amount of grants awarded for each fiscal year under this paragraph shall not exceed #ae percent of the funds 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 an 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 eligible 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 #c years after the date on which the grant is awarded to the eligible entity unless the ,administrator1 in the discretion of the ,administrator1 provides an extension4 4 #d4 ,treatment of certain publicly owned brownfield sites ,section #ajd7k77#b7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77#b77 is amended 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 that is a governmental entity may receive a grant under this paragraph for property acquired by that governmental entity prior to ,january #aa1 #bjjb1 even if the governmental entity does not qualify as a bona fide prospective purchaser 7as that term is defined in section #aja7dj771 so long as the eligible entity has not caused or contributed to a release or threatened release of a hazardous substance at the property4 4 #e4 ,increased funding for remediation grants ,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 #fej1jjj for each site1 based on the anticipated level of contamination1 size1 or ownership status of the site4 #f4 ,allowing 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 #c7a77 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,c771 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 #h 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 contamination2 7,,ii7 design and performance of a response action2 or 7,,iii7 monitoring of a natural resource4 4 #g4 ,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 #c7a77 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 #hj percent 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 #ae1jjj 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 #fjj1jjj of the amounts made available to carry out this paragraph to provide grants to ,states that receive amounts under section #abh7;a7 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 #g1ejj4 4 #h4 ,waterfront brownfields grants ,section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 is amended by inserting after paragraph 7#aj7 7as redesignated by section #c7a77 the following3 7#aa7 ,waterfront brownfield sites 7,a7 ,definition of waterfront brownfield site ,in this paragraph1 the term waterfront brownfield site means a brownfield site that is adjacent to a body of water or a federally designated floodplain4 7,b7 ,requirements ,in providing grants under this subsection1 the ,administrator shall-- 7i7 take into consideration whether the brownfield site to be served by the grant is a waterfront brownfield site2 and 7ii7 give consideration to waterfront brownfield sites4 4 #i4 ,clean energy brownfields grants ,section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 7as amended by section #h7 is amended by inserting after paragraph 7#aa7 the following3 7#ab7 ,clean energy projects at brownfield sites 7,a7 ,definition of clean energy project ,in this paragraph1 the term clean energy project means-- 7i7 a facility that generates renewable electricity from wind1 solar1 or geothermal energy2 and 7ii7 any energy efficiency improvement project at a facility1 including combined heat and power and district energy4 7,b7 ,establishment ,the ,administrator shall establish a program to provide grants-- 7i7 to eligible entities to carry out inventory1 characterization1 assessment1 planning1 feasibility analysis1 design1 or remediation activities to locate a clean energy project at #a or more brownfield sites2 and 7ii7 to capitalize a revolving loan fund for the purposes described in clause 7i74 7,c7 ,maximum amount ,a grant under this paragraph shall not exceed #ejj1jjj4 4 #aj4 ,targeted funding for ,states ,paragraph 7#ae7 of section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjd7k77 7as redesignated by section #c7a77 is amended by adding at the end the following3 7,c7 ,targeted funding ,of the amounts made available under subparagraph 7,a7 for a fiscal year1 the ,administrator may use not more than #b1jjj1jjj to provide grants to ,states for purposes authorized under section #abh7;a71 subject to the condition that each ,state that receives a grant under this subparagraph shall have used at least #ej percent of the amounts made available to that ,state in the previous fiscal year to carry out assessment and remediation activities under section #abh7;a74 4 #aa4 ,clarification of owner or operator 7a7 ,acquisition by ,state or local government as sovereign 7#a7 ,owner or operator ,section #aja7bj7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja7bj77 is amended-- 7,a7 in subparagraph 7,a71 in the first sentence1 by striking due to bankruptcy and all that follows through local government1 and inserting to a unit of ,state or local government through seizure or otherwise in connection with law enforcement activity2 through bankruptcy1 tax delinquency1 abandonment1 or escheat2 through any other involuntary transfer or acquisition2 through the exercise of eminent domain authority by purchase or condemnation2 or through other circumstances in which the unit of ,state or local government acquires title by virtue of its function as a sovereign12 7,b7 in subparagraph 7,c71 by striking section #ajg7;a77#c7 or 7#d7 and inserting paragraph 7#c7 or 7#d7 of section #ajg7;a712 and 7,c7 in subparagraph 7,d71 in the first sentence1 by striking which acquired and all that follows through by virtue and inserting that acquired ownership or control through seizure or otherwise in connection with law enforcement activity2 through bankruptcy1 tax delinquency1 abandonment1 or escheat2 through any other involuntary transfer or acquisition2 through the exercise of eminent domain authority by purchase or condemnation2 or through other circumstances in which the government acquires title by virtue4 7#b7 ,contractual relationship ,section #aja7ce77;,a7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja7ce77;,a77 is amended-- 7,a7 in the matter preceding clause 7i71 by striking clause 7i71 7ii71 or 7iii7 and inserting clause 7i7 or 7ii72 7,b7 by striking clause 7ii72 and 7,c7 by redesignating clause 7iii7 as clause 7ii74 7b7 ,alaska ,native village and ,native ,corporation relief ,section #aja7bj7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja7bj77 is amended-- 7#a7 by redesignating subparagraphs 7,e7 through 7,g7 as subparagraphs 7,f7 through 7,h71 respectively1 and indenting appropriately2 7#b7 by inserting after subparagraph 7,d7 the following3 7,e7 ,exclusion of certain ,alaska ,native villages and ,native ,corporations 7i7 ,in general ,the term owner or operator does not include-- 7,i7 a ,native village or ,native ,corporation 7as those terms are defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb77 that received a contaminated facility from the ,united ,states ,government under that ,act 7#dc ,u4,s4,c4 #afja et seq472 or 7,,ii7 a successor in interest to a contaminated facility referred to in subclause 7,i7 that was conveyed to the successor in interest under section #ad7;c7 of that ,act 7#dc ,u4,s4,c4 #afac7;c774 7ii7 ,applicability ,clause 7i7 does not apply to any ,native village1 ,native ,corporation1 or successor in interest that has caused or contributed to the release or threatened release of a hazardous substance from a contaminated facility referred to in that clause4 7iii7 ,liability ,any ,native village1 ,native ,corporation1 or successor in interest that causes or contributes to the release or threatened release of a hazardous substance from a contaminated facility referred to in clause 7i7 shall be subject to the provisions of this ,act in the same manner and to the same extent1 procedurally and substantively1 as any nongovernmental entity1 including liability under section #ajg4 2 7#c7 in subparagraph 7,g7 7as so redesignated71 in the matter preceding clause 7i71 by striking subparagraph 7,e7 and inserting subparagraph 7,f72 and 7#d7 in clause 7i77,,ii7 of subparagraph 7,h7 7as so redesignated71 by striking #ahac7 and inserting #ahac774 7c7 ,prospective purchasers and lessees 7#a7 ,bona fide prospective purchaser ,section #aja7dj7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja7dj77 is amended-- 7,a7 in subparagraph 7,b7-- 7i7 by redesignating clauses 7i7 through 7iii7 as subclauses 7,i7 through 7,,iii71 respectively1 and indenting appropriately2 7ii7 in subclause 7,i7 7as so redesignated71 by striking clauses 7ii7 and 7iii7 and inserting subclauses 7,,ii7 and 7,,iii72 7iii7 in subclause 7,,ii7 7as so redesignated71 by striking subparagraph and inserting clause2 and 7iv7 in subclause 7,,iii7 7as so redesignated71 by striking subparagraph and inserting clause2 7,b7 in subparagraph 7,d71 by redesignating clauses 7i7 through 7iii7 as subclauses 7,i7 through 7,,iii71 respectively1 and indenting appropriately2 7,c7 in subparagraph 7,f71 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively1 and indenting appropriately2 7,d7 in subparagraph 7,h7-- 7i7 in clause 7i7-- 7,i7 in subclause 7,,ii71 by inserting 1 by a tenancy1 by the instruments by which a leasehold interest in the facility is created1 after financed2 and 7,,ii7 by redesignating subclauses 7,i7 and 7,,ii7 as items 7aa7 and 7bb71 respectively1 and indenting appropriately2 and 7ii7 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively1 and indenting appropriately2 7,e7 by redesignating subparagraphs 7,b7 through 7,h7 as clauses 7ii7 through 7viii71 respectively1 and indenting appropriately2 7,f7 by striking the paragraph designation and heading and all that follows through ,all disposal of in subparagraph 7,a7 and inserting the following3 7#dj7 ,bona fide prospective purchaser 7,a7 ,in general ,the term bona fide prospective purchaser means-- 7i7 a person that-- 7,i7 after ,january #aa1 #bjjb1 acquires ownership of a facility2 and 7,,ii7 establishes by a preponderance of the evidence each of the criteria described in clauses 7i7 through 7viii7 of subparagraph 7,b72 7ii7 a tenant of a person described in clause 7i72 7iii7 a tenant of a person that-- 7,i7 formerly met the criteria described in clause 7i7 but no longer meets that criteria due to a factor unrelated to any action of the tenant2 and 7,,ii7 establishes by a preponderance of the evidence each of the criteria described in clauses 7i71 7iii71 7iv71 7v71 7vi71 7vii71 and 7viii7 of subparagraph 7,b72 and 7iv7 a person that-- 7,i7 holds a leasehold interest in a facility2 and 7,,ii7 establishes by a preponderance of the evidence each of the criteria described in clauses 7i7 through 7viii7 of subparagraph 7,b74 7,b7 ,criteria ,the criteria described in this subparagraph are as follows3 7i7 ,disposal prior to acquisition ,all disposal of 2 and 7,g7 by adding at the end the following3 7,c7 ,special rule ,with respect to a facility1 in any case in which the ownership or operational control held by a person is established by a tenancy or lease1 the person shall be considered to be a bona fide prospective purchaser only if the person establishes by a preponderance of the evidence that the tenancy or lease is not designed to avoid liability under this ,act by any person that-- 7i7 does not meet the criteria applicable to that person under subparagraph 7,b72 or 7ii7 is liable under paragraph 7#c7 or 7#d7 of section #ajg7;a74 4 7#b7 ,limitation on liability ,section #ajg7r77#a7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjg7r77#a77 is amended by striking purchaser's and inserting bona fide prospective purchaser4 #ab4 ,authorization of appropriations 7a7 ,brownfields revitalization funding ,paragraph 7#ae77;,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 #c7a77 is amended by striking #bjjf and inserting #bjbj4 7b7 ,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 by striking #bjjf and inserting #bjbj4 ,september #g1 #bjag,reported with an amendment