S.2700 - Brownfields Revitalization and Environmental Restoration Act of 2000106th Congress (1999-2000)
|Sponsor:||Sen. Chafee, Lincoln [R-RI] (Introduced 06/08/2000)|
|Committees:||Senate - Environment and Public Works|
|Latest Action:||06/29/2000 Committee on Environment and Public Works Subcommittee on Superfund, Toxics, Risk, and Waste Management. Hearings held. With printed Hearing: S.Hrg. 106-957.|
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Subject — Policy Area:
- Environmental Protection
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Summary: S.2700 — 106th Congress (1999-2000)All Bill Information (Except Text)
Brownfields Revitalization and Environmental Restoration Act of 2000 - Title I: Brownfields Revitalization Funding - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to direct the Administrator of the Environmental Protection Agency to establish programs to provide grants to eligible entities (including local government units, redevelopment agencies, States, and Indian tribes) for: (1) inventorying, characterizing, assessing, and conducting planning related to brownfield sites; and (2) remediating brownfield sites through loans. Defines a "brownfield site," with exceptions, as real property, the expansion, redevelopment, or reuse of which is complicated by the presence or potential presence of a hazardous substance or pollutant. Includes within such definition a site contaminated by a controlled substance or mine-scarred land.
Introduced in Senate (06/08/2000)
Title II: Brownfields Liability Clarifications - Exempts from liability under CERCLA certain owners of real property contiguous to property on which there has been a hazardous substance release or threatened release that is not owned by such persons.
(Sec. 202) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any casefor which the owner is not liable by reason of this section and the facility's fair market value has increased above that which existed before the action was taken.
(Sec. 203) Deems a person, with respect to defenses to liability of an owner of after-acquired property, to have undertaken appropriate inquiry into the property's previous ownership and uses if the person demonstrates that inquiries were undertaken in accordance with specified requirements (for property purchased after May 31, 1997, compliance with an American Society for Testing and Materials standard until standards are issued by the Administrator). Deems the appropriate inquiry requirements to be satisfied by a facility inspection and title search that reveal no basis for further investigation in the case of property for residential or similar use purchased by a nongovernmental or noncommercial entity.
Title III: State Response Programs - Adds CERCLA provisions authorizing the Administrator to provide grants to States or Indian tribes to establish or enhance response programs comprised of elements including survey and inventory of brownfield sites, public participation opportunities, oversight and enforcement authorities, and certification mechanisms. Authorizes appropriations.
Restricts authority to take enforcement actions under CERCLA in cases of hazardous substance releases addressed by a State response plan. Authorizes the President to bring enforcement actions in certain instances, including cases where a State requests assistance, there is migration of contamination across State lines or onto Federal property, or there is an imminent and substantial endangerment to public health or welfare or the environment and additional response actions are likely to be necessary.
Makes restrictions on the President's authority to take such actions applicable only at sites in States that maintain, update at least annually, and make publicly available a record of sites at which response actions have been completed in the previous year and are planned to be addressed under the State response program in the upcoming year. Applies enforcement action requirements only to response actions conducted after June 8, 2000.
(Sec. 302) Requires the President to defer final listing of an eligible response site on the National Priorities List if the State is conducting a response action in compliance with a State response program that will provide long-term health and environmental protection or is actively pursuing an agreement to perform such an action with a capable person. Requires reasonable progress toward completion of actions for deferral of listing. Permits the President to decline to defer, or discontinue a deferral if: (1) deferral would be inappropriate because the State, as an owner, operator, or significant contributor is a potentially responsible party; (2) the criteria under the National Contingency Plan for issuance of a health advisory have been met; or (3) the other conditions under this section for deferral are no longer being met.