H.R.1750 - Community Revitalization and Brownfield Cleanup Act of 1999106th Congress (1999-2000)
|Sponsor:||Rep. Towns, Edolphus [D-NY-10] (Introduced 05/11/1999)|
|Committees:||House - Commerce; Transportation and Infrastructure|
|Latest Action:||House - 08/04/1999 Subcommittee Hearings Held. (All Actions)|
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Summary: H.R.1750 — 106th Congress (1999-2000)All Information (Except Text)
Introduced in House (05/11/1999)
TABLE OF CONTENTS:
Title I: Brownfield Remediation and Environmental Cleanup
Title II: Innocent Landowner, Prospective Purchaser, and
Contiguous Property Owner Liability
Title III: Seller Liability Relief and State Voluntary
Community Revitalization and Brownfield Cleanup Act of 1999 - Title I: Brownfield Remediation and Environmental Cleanup - Directs the Administrator of the Environmental Protection Agency to establish a program to provide grants to local governments to inventory and conduct site assessments of brownfield sites. Defines a "brownfield site" as a parcel of land that contains or contained abandoned, idled, or under-used commercial or industrial facilities, the expansion or redevelopment of which is complicated by the presence or potential presence of hazardous substances, pollutants, or contaminants.
(Sec. 103) Directs the Administrator to establish a program of grants to local governments for capitalization of loan programs for brownfield site cleanup by the locality or owner or developer.
(Sec. 104) Imposes funding limitations, including a restriction on use of funds to meet Federal cost-sharing requirements and a prohibition on the use of grants to pay fines or penalties.
(Sec. 105) Requires reports to specified congressional committees regarding the site assessment and loan capitalization programs.
(Sec. 108) Authorizes appropriations to carry out the site assessment and loan capitalization programs and State voluntary response programs described under title III of this Act.
Title II: Innocent Landowner, Prospective Purchaser, and Contiguous Property Owner Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), with respect to defenses to liability of an owner of property acquired after April 15, 1994, to deem a person to have made appropriate inquiry into the property's previous ownership and uses only if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the Administrator) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions.
(Sec. 202) Absolves from liability for response actions bona fide prospective purchasers or operators of a facility owned by such a purchaser to the extent liability for a release or threat thereof is based solely on ownership or operation of a facility and such persons meet other specified conditions, including notice requirements, exercise of appropriate care concerning the hazardous substances, cooperation with those conducting response actions, and lack of affiliation with liable parties. Gives a lien upon a facility to the United States for unrecovered response costs not inconsistent with the National Contingency Plan in any case in which there are such unrecovered costs for which the owner is not liable by reason of being a prospective purchaser and the action increases the fair market value of the facility.
(Sec. 203) Adds CERCLA provisions governing owner-operator status of persons owning or operating property contiguous to a release site.
Title III: Seller Liability Relief and State Voluntary Response Programs - Amends CERCLA to add provisions requiring the Administrator to provide technical and other assistance to States to establish and enhance qualifying State voluntary response programs, comprised of elements including public participation opportunities, oversight and enforcement authorities, and certification mechanisms.