118 S2959 RS: Brownfields Reauthorization Act of 2023
U.S. Senate
2023-09-27
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EN
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II
Calendar No. 214
118th CONGRESS
1st Session
S. 2959
IN THE SENATE OF THE UNITED STATES
September 27 (legislative day, September 22), 2023
Mr. Carper, from the Committee on Environment and Public Works, reported the following original bill; which was read twice and placed on the calendar
A BILL
To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to reauthorize brownfields revitalization funding, and for other purposes.
1.

Short title
This Act may be cited as the “Brownfields Reauthorization Act of 2023”.
2.

Improving small and disadvantaged community access to grant opportunities
Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended—
(1)
in paragraph (1)(I), by inserting “or 501(c)(6)” after “section 501(c)(3)”;
(2)
in paragraph (5), by striking subparagraph (E);
(3)
in paragraph (6)(C), by striking clause (ix) and inserting the following:
“(ix)
The extent to which the applicant has a plan—
(I)
to engage a diverse set of local groups and organizations that effectively represent the views of the local community that will be directly affected by the proposed brownfield project; and
(II)
to meaningfully involve the local community described in subclause (I) in making decisions relating to the proposed brownfield project.”;
(4)
in paragraph (10)(B)(iii)—
(A)
by striking “20 percent” and inserting “10 percent”;
(B)
by inserting “the eligible entity is located in a small community or disadvantaged area (as those terms are defined in section 128(a)(1)(B)(iv)) or” after “unless”; and
(C)
by inserting “, in which case the Administrator shall waive the matching share requirement under this clause” before “; and”; and
(5)
in paragraph (13), by striking “2019 through 2023” and inserting “2024 through 2029”.
3.

Increasing grant amounts
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 “$500,000” and all that follows through the period at the end and inserting “$1,000,000 for each site to be remediated.”.
4.

State response programs
Section 128(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)) is amended—
(1)
in paragraph (1)(B)(i), by striking “or enhance” and inserting “, enhance, or implement”; and
(2)
by striking paragraph (3) and inserting the following:
“(3)

Authorization of appropriations
There are authorized to be appropriated to carry out this subsection—
(A)
$50,000,000 for fiscal year 2024;
(B)
$55,000,000 for fiscal year 2025;
(C)
$60,000,000 for fiscal year 2026;
(D)
$65,000,000 for fiscal year 2027;
(E)
$70,000,000 for fiscal year 2028; and
(F)
$75,000,000 for fiscal year 2029.”.
5.

Report to identify opportunities to streamline application process; updating guidance
(a)

Report
Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator) shall submit to Congress a report that evaluates the application ranking criteria and approval process for grants and loans under section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)), which shall include, with respect to those grants and loans—
(1)
an evaluation of the shortcomings in the existing application requirements that are a recurring source of confusion for potential recipients of those grants or loans;
(2)
an identification of the most common sources of point deductions on application reviews;
(3)
strategies to incentivize the submission of applications from small communities and disadvantaged areas (as those terms are defined in section 128(a)(1)(B)(iv) of that Act (42 U.S.C. 9628(a)(1)(B)(iv)); and
(4)
recommendations, if any, to Congress on suggested legislative changes to the ranking criteria that would achieve the goal of streamlining the application process for small communities and disadvantaged areas (as so defined).
(b)

Updating guidance
Not later than 1 year after the date of enactment of this Act, the Administrator shall update the guidance relating to the application ranking criteria and approval process for grants and loans under section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) to reduce the complexity of the application process while ensuring competitive integrity.
6.

Brownfield revitalization funding for Alaska Native tribes
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 “other than in Alaska”; and
(2)
by striking subparagraph (H) and inserting the following:
“(H)
a Regional Corporation or a Village Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602));”.
September 27 (legislative day, September 22), 2023
Read twice and placed on the calendar