To amend the Public Works and Economic Development Act of 1965 to provide assistance to communities for the redevelopment of brownfield sites.

June 21, 2001

Mr. LEVIN (for himself, Mr. JEFFORDS, Mr. BAUCUS, Mr. KENNEDY, Ms. STABENOW, Mr. REID, Mr. SCHUMER, Mr. LEAHY, Mr. CORZINE, Mr. SARBANES, and Mr. DAYTON) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

To amend the Public Works and Economic Development Act of 1965 to provide assistance to communities for the redevelopment of brownfield sites.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Brownfield Site Redevelopment Assistance Act of 2001'.

SEC. 2. PURPOSES.

Consistent with section 2 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121), the purposes of this Act are--

(1) to provide targeted assistance, including planning assistance, for projects that promote the redevelopment, restoration, and economic recovery of brownfield sites; and

(2) through such assistance, to further the goals of restoring the employment and tax bases of, and bringing new income and private investment to, distressed communities that have not participated fully in the economic growth of the United States because of a lack of an adequate private sector tax base to support essential public services and facilities.

SEC. 3. DEFINITIONS.

Section 3 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3122) is amended--

(1) by redesignating paragraphs (1) through (10) as paragraphs (2) through (11), respectively;

(2) by inserting before paragraph (2) (as so redesignated) the following:

`(1) BROWNFIELD SITE-

`(A) IN GENERAL- The term `brownfield site' means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of--

`(i) a hazardous substance (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)); or

`(ii) any other pollutant or contaminant, as determined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency.

`(B) EXCLUSIONS- Except as provided in subparagraph (C), the term `brownfield site' does not include--

`(i) a facility that is the subject of a planned or ongoing removal action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);

`(ii) a facility that is listed on the National Priorities List, or is proposed for listing on that list, under that Act;

`(iii) a facility that is the subject of a unilateral administrative order, a court order, an administrative order on consent, or a judicial consent decree that has been issued to or entered into by the parties under that Act;

`(iv) a facility that is the subject of a unilateral administrative order, a court order, an administrative order on consent, or a judicial consent decree that has been issued to or entered into by the parties, or a facility to which a permit has been issued by the United States or an authorized State, under--

`(I) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);

`(II) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);

`(III) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); or

`(IV) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);

`(v) a facility--

`(I) that is subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 6924(u), 6928(h)); and

`(II) to which a corrective action permit or order has been issued or modified to require the implementation of corrective measures;

`(vi) a land disposal unit with respect to which--

`(I) a closure notification under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) has been submitted; and

`(II) closure requirements have been specified in a closure plan or permit;

`(vii) a facility that is subject to the jurisdiction, custody, or control of a department, agency, or instrumentality of the United States, except for land held in trust by the United States for an Indian tribe;

`(viii) a portion of a facility--

`(I) at which there has been a release of polychlorinated biphenyls; and

`(II) that is subject to remediation under the Toxic Substances

Control Act (15 U.S.C. 2601 et seq.); or

`(ix) a portion of a facility, for which portion, assistance for response activity has been obtained under subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fund established by section 9508 of the Internal Revenue Code of 1986.

`(C) SITE-BY-SITE INCLUSIONS- The term `brownfield site' includes a site referred to in clause (i), (iv), (v), (vi), (viii), or (ix) of subparagraph (B), if, on a site-by-site basis, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, determines that use of the financial assistance at the site will--

`(i) protect human health and the environment; and

`(ii)(I) promote economic development; or

`(II) enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other property used for nonprofit purposes.

`(D) ADDITIONAL INCLUSIONS- The term `brownfield site' includes a site that meets the definition of `brownfield site' under subparagraphs (A) through (C) that--

`(i) is contaminated by a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

`(ii)(I) is contaminated by petroleum or a petroleum product excluded from the definition of `hazardous substance' under section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601); and

`(II) is a site determined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency, to be--

`(aa) of relatively low risk, as compared with other petroleum-only sites in the State in which the site is located; and

`(bb) a site for which there is no viable responsible party and that will be assessed, investigated, or cleaned up by a person that is not potentially liable for cleaning up the site; and

`(III) is not subject to any order issued under section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 6991b(h)); or

`(iii) is mine-scarred land.'; and

(3) by adding at the end the following:

`(12) UNUSED LAND- The term `unused land' means any publicly-owned or privately-owned unused, underused, or abandoned land that is not contributing to the quality of life or economic well-being of the community in which the land is located.'.

SEC. 4. COORDINATION.

Section 103 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3132) is amended--

(1) by inserting `(a) COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES- ' before `The Secretary'; and

(2) by adding at the end the following:

`(b) BROWNFIELD SITE REDEVELOPMENT- The Secretary shall coordinate activities relating to the redevelopment of brownfield sites under this Act with other Federal agencies, States, local governments, consortia of local governments, Indian tribes, nonprofit organizations, and public-private partnerships.'.

SEC. 5. GRANTS FOR BROWNFIELD SITE REDEVELOPMENT.

(a) IN GENERAL- Title II of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended--

(1) by redesignating sections 210 through 213 as sections 211 through 214, respectively; and

(2) by inserting after section 209 the following:

`SEC. 210. GRANTS FOR BROWNFIELD SITE REDEVELOPMENT.

`(a) IN GENERAL- On the application of an eligible recipient, the Secretary may make grants for projects to alleviate or prevent conditions of excessive unemployment, underemployment, blight, and infrastructure deterioration associated with brownfield sites, including projects consisting of--

`(1) development of public facilities;

`(2) development of public services;

`(3) business development (including funding of a revolving loan fund);

`(4) planning;

`(5) technical assistance; and

`(6) training.

`(b) CRITERIA FOR GRANTS- The Secretary may provide a grant for a project under this section only if--

`(1) the Secretary determines that the project will assist the area where the project is or will be located to meet, directly or indirectly, a special need arising from--

`(A) a high level of unemployment or underemployment, or a high proportion of low-income households;

`(B) the existence of blight and infrastructure deterioration;

`(C) dislocations resulting from commercial or industrial restructuring;

`(D) outmigration and population loss, as indicated by--

`(i)(I) depletion of human capital (including young, skilled, or educated populations);

`(II) depletion of financial capital (including firms and investment); or

`(III) a shrinking tax base; and

`(ii) resulting--

`(I) fiscal pressure;

`(II) restricted access to markets; and

`(III) constrained local development potential; or

`(E) the closure or realignment of--

`(i) a military or Department of Energy installation; or

`(ii) any other Federal facility; and

`(2) except in the case of a project consisting of planning or technical assistance--

`(A) the Secretary has approved a comprehensive economic development strategy for the area where the project is or will be located; and

`(B) the project is consistent with the comprehensive economic development strategy.

`(c) PARTICULAR COMMUNITY ASSISTANCE- Assistance under this section may include assistance provided for activities identified by a community, the economy of which is injured by the existence of 1 or more brownfield sites, to assist the community in--

`(1) revitalizing affected areas by--

`(A) diversifying the economy of the community; or

`(B) carrying out industrial or commercial (including mixed use) redevelopment projects on brownfield sites or sites adjacent to brownfield sites;

`(2) carrying out development that conserves environmental and agricultural resources by--

`(A) reusing existing facilities and infrastructure;

`(B) reclaiming unused land and abandoned buildings; or

`(C) creating publicly owned parks, playgrounds, recreational facilities, or cultural centers that contribute to the economic revitalization of a community; or

`(3) carrying out a collaborative economic development planning process, developed with broad-based and diverse community participation, that addresses the economic repercussions and opportunities posed by the existence of brownfield sites in an area.

`(d) DIRECT EXPENDITURE OR REDISTRIBUTION BY ELIGIBLE RECIPIENT-

`(1) IN GENERAL- Subject to paragraph (2), an eligible recipient of a grant under this section may directly expend the grant funds or may redistribute the funds to public and private entities in the form of a grant, loan, loan guarantee, payment to reduce interest on a loan guarantee, or other appropriate assistance.

`(2) LIMITATION- Under paragraph (1), an eligible recipient may not provide any grant to a private for-profit entity.'.

(b) CONFORMING AMENDMENT- The table of contents in section 1(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. prec. 3121) is amended by striking the items relating to sections 210 through 213 and inserting the following:

`Sec. 210. Grants for brownfield site redevelopment.

`Sec. 211. Changed project circumstances.

`Sec. 212. Use of funds in projects constructed under projected cost.

`Sec. 213. Reports by recipients.

`Sec. 214. Prohibition on use of funds for attorney's and consultant's fees.'.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL- Title VII of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3231 et seq.) is amended by adding at the end the following:

`SEC. 704. AUTHORIZATION OF APPROPRIATIONS FOR BROWNFIELD SITE REDEVELOPMENT.

`(a) IN GENERAL- In addition to amounts made available under section 701, there is authorized to be appropriated to carry out section 210 $60,000,000 for each of fiscal years 2002 through 2006, to remain available until expended.

`(b) FEDERAL SHARE- Notwithstanding section 204, subject to section 205, the Federal share of the cost of activities funded with amounts made available under subsection (a) shall be not more than 75 percent.'.

(b) CONFORMING AMENDMENT- The table of contents in section 1(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. prec. 3121) is amended by adding at the end of the items relating to title VII the following:

`Sec. 704. Authorization of appropriations for brownfield site redevelopment.'.

END