[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1479 Referred in House (RFH)]
<DOC>
114th CONGRESS
2d Session
S. 1479
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 1, 2016
Referred to the Committee on Energy and Commerce, and in addition to
the Committee on Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
AN ACT
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 to modify provisions relating to grants, and for
other purposes.
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 ``Brownfields Utilization, Investment,
and Local Development Act of 2015'' or the ``BUILD Act''.
SEC. 2. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS.
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 ``or'' after the
semicolon;
(2) in subparagraph (H), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(I) an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of that Code;
``(J) a limited liability corporation in which all
managing members are organizations described in
subparagraph (I) or limited liability corporations
whose sole members are organizations described in
subparagraph (I);
``(K) a limited partnership in which all general
partners are organizations described in subparagraph
(I) or limited liability corporations whose sole
members are organizations described in subparagraph
(I); or
``(L) a qualified community development entity (as
defined in section 45D(c)(1) of the Internal Revenue
Code of 1986).''.
SEC. 3. MULTIPURPOSE BROWNFIELDS GRANTS.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is
amended--
(1) by redesignating paragraphs (4) through (9) and (10)
through (12) as paragraphs (5) through (10) and (13) through
(15), respectively;
(2) in paragraph (3)(A), by striking ``subject to
paragraphs (4) and (5)'' and inserting ``subject to paragraphs
(5) and (6)''; and
(3) by inserting after paragraph (3) the following:
``(4) Multipurpose brownfields grants.--
``(A) In general.--Subject to subparagraph (D) and
paragraphs (5) and (6), the Administrator shall
establish a program to provide multipurpose grants to
an eligible entity based on the considerations under
paragraph (3)(C), to carry out inventory,
characterization, assessment, planning, or remediation
activities at 1 or more brownfield sites in a proposed
area.
``(B) Grant amounts.--
``(i) Individual grant amounts.--Each grant
awarded under this paragraph shall not exceed
$950,000.
``(ii) Cumulative grant amounts.--The total
amount of grants awarded for each fiscal year
under this paragraph shall not exceed 15
percent of the funds made available for the
fiscal year to carry out this subsection.
``(C) Criteria.--In awarding a grant under this
paragraph, the Administrator shall consider the extent
to which an eligible entity is able--
``(i) to provide an overall plan for
revitalization of the 1 or more brownfield
sites in the proposed area in which the
multipurpose grant will be used;
``(ii) to demonstrate a capacity to conduct
the range of eligible activities that will be
funded by the multipurpose grant; and
``(iii) to demonstrate that a multipurpose
grant will meet the needs of the 1 or more
brownfield sites in the proposed area.
``(D) Condition.--As a condition of receiving a
grant under this paragraph, each eligible entity shall
expend the full amount of the grant not later than the
date that is 3 years after the date on which the grant
is awarded to the eligible entity unless the
Administrator, in the discretion of the Administrator,
provides an extension.''.
SEC. 4. TREATMENT OF CERTAIN PUBLICLY OWNED BROWNFIELD SITES.
Section 104(k)(2) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(2)) is
amended by adding at the end the following:
``(C) Exemption for certain publicly owned
brownfield sites.--Notwithstanding any other provision
of law, 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 11, 2002, even if the governmental entity does
not qualify as a bona fide prospective purchaser (as
that term is defined in section 101(40)), so long as
the eligible entity has not caused or contributed to a
release or threatened release of a hazardous substance
at the property.''.
SEC. 5. INCREASED FUNDING FOR REMEDIATION GRANTS.
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 ``$200,000 for each site to
be remediated'' and inserting ``$500,000 for each site to be
remediated, which limit may be waived by the Administrator, but not to
exceed a total of $650,000 for each site, based on the anticipated
level of contamination, size, or ownership status of the site''.
SEC. 6. ALLOWING ADMINISTRATIVE COSTS FOR GRANT RECIPIENTS.
Paragraph (5) of section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
(as redesignated by section 3(1)) is amended--
(1) in subparagraph (B)--
(A) in clause (i)--
(i) by striking subclause (III); and
(ii) by redesignating subclauses (IV) and
(V) as subclauses (III) and (IV), respectively;
(B) by striking clause (ii);
(C) by redesignating clause (iii) as clause (ii);
and
(D) in clause (ii) (as redesignated by subparagraph
(C)), by striking ``Notwithstanding clause (i)(IV)''
and inserting ``Notwithstanding clause (i)(III)''; and
(2) by adding at the end the following:
``(E) Administrative costs.--
``(i) In general.--An eligible entity may
use up to 8 percent of the amounts made
available under a grant or loan under this
subsection for administrative costs.
``(ii) Restriction.--For purposes of clause
(i), the term `administrative costs' does not
include--
``(I) investigation and
identification of the extent of
contamination;
``(II) design and performance of a
response action; or
``(III) monitoring of a natural
resource.''.
SEC. 7. SMALL COMMUNITY TECHNICAL ASSISTANCE GRANTS.
Paragraph (7)(A) of section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(k)) (as redesignated by section 3(1)) is amended--
(1) by striking ``The Administrator may provide,'' and
inserting the following:
``(i) Definitions.--In this subparagraph:
``(I) Disadvantaged area.--The term
`disadvantaged area' means an area with
an annual median household income that
is less than 80 percent of the State-
wide annual median household income, as
determined by the latest available
decennial census.
``(II) Small community.--The term
`small community' means a community
with a population of not more than
15,000 individuals, as determined by
the latest available decennial census.
``(ii) Establishment of program.--The
Administrator shall establish a program to
provide grants that provide,''; and
(2) by adding at the end the following:
``(iii) Small or disadvantaged community
recipients.--
``(I) In general.--Subject to
subclause (II), in carrying out the
program under clause (ii), the
Administrator shall use not more than
$600,000 of the amounts made available
to carry out this paragraph to provide
grants to States that receive amounts
under section 128(a) to assist small
communities, Indian tribes, rural
areas, or disadvantaged areas in
achieving the purposes described in
clause (ii).
``(II) Limitation.--Each grant
awarded under subclause (I) shall be
not more than $7,500.''.
SEC. 8. WATERFRONT BROWNFIELDS GRANTS.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended
by inserting after paragraph (10) (as redesignated by section 3(1)) the
following:
``(11) Waterfront brownfield sites.--
``(A) Definition of waterfront brownfield site.--In
this paragraph, the term `waterfront brownfield site'
means a brownfield site that is adjacent to a body of
water or a federally designated floodplain.
``(B) Requirements.--In providing grants under this
subsection, the Administrator shall--
``(i) take into consideration whether the
brownfield site to be served by the grant is a
waterfront brownfield site; and
``(ii) give consideration to waterfront
brownfield sites.''.
SEC. 9. CLEAN ENERGY BROWNFIELDS GRANTS.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as amended
by section 8) is amended by inserting after paragraph (11) the
following:
``(12) Clean energy projects at brownfield sites.--
``(A) Definition of clean energy project.--In this
paragraph, the term `clean energy project' means--
``(i) a facility that generates renewable
electricity from wind, solar, or geothermal
energy; and
``(ii) any energy efficiency improvement
project at a facility, including combined heat
and power and district energy.
``(B) Establishment.--The Administrator shall
establish a program to provide grants--
``(i) to eligible entities to carry out
inventory, characterization, assessment,
planning, feasibility analysis, design, or
remediation activities to locate a clean energy
project at 1 or more brownfield sites; and
``(ii) to capitalize a revolving loan fund
for the purposes described in clause (i).
``(C) Maximum amount.--A grant under this paragraph
shall not exceed $500,000.''.
SEC. 10. TARGETED FUNDING FOR STATES.
Paragraph (15) of section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
(as redesignated by section 3(1)) is amended by adding at the end the
following:
``(C) Targeted funding.--Of the amounts made
available under subparagraph (A) for a fiscal year, the
Administrator may use not more than $2,000,000 to
provide grants to States for purposes authorized under
section 128(a), subject to the condition that each
State that receives a grant under this subparagraph
shall have used at least 50 percent of the amounts made
available to that State in the previous fiscal year to
carry out assessment and remediation activities under
section 128(a).''.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) Brownfields Revitalization Funding.--Paragraph (15)(A) of
section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as
redesignated by section 3(1)) is amended by striking ``2006'' and
inserting ``2018''.
(b) State Response Programs.--Section 128(a)(3) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9628(a)(3)) is amended by striking ``2006'' and
inserting ``2018''.
Passed the Senate June 27, 2016.
Attest:
JULIE E. ADAMS,
Secretary.