H.R. 3017 — what changed

Section 101(40) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(40)) is amended—

“(I) Leaseholders—In the case of a person holding a leasehold interest in a facility—

“(i) the leasehold interest in the facility—

changed “(I) is for a term of not less than 10 5 years; and

“(II) grants the person control of, and access to, the facility; and

“(ii) the person is responsible for the management of all hazardous substances at the facility.”

“(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).”

Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604) is amended—

“(C) Exemption for certain publicly owned brownfield sites—Notwithstanding any other provision of law, an eligible entity described in any of subparagraphs (A) through (H) of paragraph (1) may receive a grant under this paragraph for property acquired by that eligible entity prior to January 11, 2002, even if such eligible entity does not qualify as a bona fide prospective purchaser, so long as the eligible entity has not caused or contributed to a release or threatened release of a hazardous substance at the property.”

“(E) Exemption for certain publicly owned brownfield sites—Notwithstanding any other provision of law, an eligible entity described in any of subparagraphs (A) through (H) of paragraph (1) may receive a grant or loan under this paragraph for property acquired by that eligible entity prior to January 11, 2002, even if such eligible entity does not qualify as a bona fide prospective purchaser, so long as the eligible entity has not caused or contributed to a release or threatened release of a hazardous substance at the property.”

Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended—

“(4) Multipurpose brownfields grants

changed “(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 criteria under subparagraph (C) and the considerations under paragraph (3)(C), to carry out inventory, characterization, assessment, planning, technical assistance, or remediation activities at 1 or more brownfield sites in an area proposed by the eligible entity.

changed “(B) Grant amounts—Each grant awarded under this paragraph shall not exceed $1,000,000.amounts

added “(i) Individual grant amounts—Each grant awarded under this paragraph shall not exceed $1,000,000.

added “(ii) Cumulative grant amounts—The total amount of grants awarded for each fiscal year under this paragraph may not exceed 15 percent of the amounts 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 the 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 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 5 years after the date on which the grant is awarded to the eligible entity, unless the Administrator provides an extension.

“(E) Ownership—An eligible entity that receives a grant under this paragraph may not expend any of the grant funds on remediation of a brownfield site until such time as the eligible entity owns the brownfield site.”

removed 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 8 of this Act) is amended—

removed “(i) In general—The Administrator may provide, or fund eligible entities to provide,”

added “(III) assist small communities, Indian tribes, rural areas, or disadvantaged areas in carrying out activities described in section 104(k)(7)(A) with respect to brownfield sites.”

added “(iii) Small communities, Indian tribes, rural areas, and disadvantaged areas

added “(I) In general—To make grants to States or Indian tribes under clause (ii)(III), the Administrator may use not more than $1,500,000 of the amounts made available to carry out section 104(k)(7) in each fiscal year.

added “(II) Limitation—Each grant made under subclause (I) may be not more than $20,000.

added “(iv) Definitions—In this subparagraph:

removed “(ii) Small community, Indian tribe, rural area, and disadvantaged area recipients

removed “(I) In general—The Administrator shall use not more than $1,500,000 of the amounts made available to carry out this paragraph in each fiscal year to make grants to States that receive amounts under section 128(a) in that fiscal year to assist small communities, Indian tribes, rural areas, or disadvantaged areas in the State in carrying out activities described in clause (i) with respect to brownfield sites.

removed “(II) Limitation—Each grant made under subclause (I) shall be not more than $20,000.

removed “(iii) Definitions—In this subparagraph:

“(I) Disadvantaged area—The term disadvantaged area means a community with an annual median household income that is less than 2⁄3 of the statewide annual median household income, as determined by the President based on the latest available decennial census.

added “(II) Small community—The term small community means a community with a population of not more than 10,000 individuals, as determined by the President based on the latest available decennial census.”

removed “(II) Small community—The term small community means a community with a population of not more than 20,000 individuals, as determined by the President based on the latest available decennial census.”

Paragraph (13) 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 8 of this Act) is amended to read as follows:

changed “(13) Authorization of appropriations—There is authorized to be appropriated to carry out this subsection $200,000,000 for each of fiscal years 2017 2018 through 2021.”2022.”

Section 128(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is amended to read as follows:

changed “(3) Funding—There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2017 2018 through 2021.”2022.”