Section 1 Short title
This Act may be cited as the “Brownfields Revitalization for a Better Tomorrow Act”.
Brownfields Revitalization for a Better Tomorrow Act
A BILL
To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to brownfields revitalization funding, and for other purposes.
Sec. 2 Brownfields revitalization funding
Definition of eligible entity— Section 104(k)(1)(I) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(1)(I)) is amended by inserting “or 501(c)(6)” after “section 501(c)(3)”.
Grants and loans for brownfield remediation— 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.”.
Multipurpose brownfields grants— Section 104(k)(4)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(4)(B)) is amended by striking “$1,000,000” and inserting “$2,000,000”.
General provisions— Section 104(k)(5) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(5)) is amended—
in subparagraph (A), by amending clause (i) to read as follows:
“(i) Brownfield site characterization and assessment—A grant under paragraph (2) may be awarded to an eligible entity on a community-wide or site-by-site basis, and shall not exceed, for any individual brownfield site covered by the grant, $500,000.”
by adding at the end the following:
“(F) Demolition—A recipient of a grant or loan under paragraph (2), (3), or (4) may use up to 10 percent of the amounts made available under the grant or loan for demolition activities as needed to carry out the purpose for which the grant or loan was provided, subject to the approval of the Administrator.”
Ranking criteria— Section 104(k)(6)(C) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(6)(C)) is amended by adding at the end the following:
“(xiii) The extent to which a grant would facilitate the redevelopment and reuse of a brownfield site located in whole or in part on a former military installation.
“(xiv) The extent to which a grant could facilitate the remediation and reuse of a brownfield site for any activity described in the matter preceding clause (i) of section 41001(6)(A) of the FAST Act (regardless of whether the activity is described in any of clauses (i) through (iv) of such section).”
Implementation of brownfields programs— Section 104(k)(7) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(7)) is amended—
in subparagraph (A)—
by striking “The Administrator may provide” and inserting the following:
“(i) may provide”
by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(ii) shall provide, on a noncompetitive basis, one grant to a covered entity in each of fiscal years 2028 and 2029, which grant shall be used to provide technical assistance to five covered applicants, selected by the Administrator, for purposes of applying for a grant under this subsection for activities to be carried out in a small community.”
by adding at the end the following:
“(C) Definitions—In this paragraph:
“(i) Covered applicant—The term covered applicant means an eligible entity—
“(I) that applied for, but did not receive, a grant under this subsection in the fiscal year immediately preceding the fiscal year for which the Administrator is selecting covered applicants under subparagraph (A)(ii) for activities to be carried out in a small community; and
“(II) for which the provision of technical assistance under this paragraph would help secure a grant under this subsection.
“(ii) Covered entity—The term covered entity means an eligible entity or nonprofit organization with relevant experience and expertise in applying for and securing Federal assistance that is receiving funding under subparagraph (A)(i).
“(iii) Small community—The term small community has the meaning given such term in section 128(a)(1)(B)(iv).”
Audits— Section 104(k)(8) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(8)) is amended—
by amending subparagraph (A) to read as follows:
“(A) In general—Not later than 2 years after the date of enactment of the Brownfields Revitalization for a Better Tomorrow Act, and every 2 years thereafter, the Inspector General of the Environmental Protection Agency shall conduct reviews or audits of the use of—
“(i) Federal funds by the Administrator under this subsection;
“(ii) grants and loans made under this subsection; and
“(iii) grants made to a State or Indian tribe under section 128(a) and activities carried out using such grants, including grants made to a State or Indian tribe using amounts made available under paragraph (7) of this subsection to carry out section 128(a)(1)(B)(ii)(III).”
in subparagraph (D), by striking “September 30, 2022” and inserting “2 years after the date of enactment of the Brownfields Revitalization for a Better Tomorrow Act, and every 2 years thereafter”.
Agreements— Section 104(k)(10)(B)(iii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(10)(B)(iii)) is amended—
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
by inserting “, in which case the Administrator shall waive the matching share requirement under this clause” before “; and”.
Authorization of appropriations— Section 104(k)(13) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(13)) is amended to read as follows:
“(13) Authorization of appropriations
“(A) In general—There is authorized to be appropriated to carry out this subsection $123,500,000 for each of fiscal years 2027 through 2031.
“(B) Funding for oversight—Of the amounts made available under this paragraph for each fiscal year, 0.5 percent shall be available to carry out paragraph (8).”
Sec. 3 Reauthorization of funding for certain assistance to States
Section 128(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)) is amended—
in paragraph (1), by adding at the end the following:
“(C) Brownfields inventory—Each State or Indian tribe receiving a grant under this subsection shall maintain, update not less than annually, and make available to the public, by location, an inventory of all brownfield sites within that State on which activities authorized and funded pursuant to that grant have occurred.”
in paragraph (3), by striking “$50,000,000 for each of fiscal years 2019 through 2023” and inserting “$46,250,000 for each of fiscal years 2027 through 2031”.
Sec. 4 Studies, reports, and guidance
Capitalization of revolving loan funds study— Not later than September 30, 2028, the Comptroller General shall submit to Congress a report containing a review of revolving loan funds that were capitalized using a grant received under subparagraph (A)(i) of section 104(k)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(3)) during any of fiscal years 2015 through 2025, including information on—
the status and balance of each such revolving loan fund;
each loan or grant provided by an eligible entity under subparagraph (B) of such section; and
any barriers to the eligible entity providing additional loans or grants under such subparagraph (B).
Report on funding for covered entities and covered applicants—
In general— Not later than September 30, 2030, the Administrator shall submit to Congress a report on—
the effect of providing a grant under subparagraph (A)(ii) of section 104(k)(7)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(7)(A)) (as amended by this Act);
the covered applicants selected by the Administrator under such subparagraph; and
the status of—
any applications for a grant under section 104(k) of such Act submitted by a covered applicant that received technical assistance pursuant to such subparagraph (A)(ii); and
any activities for which a grant was provided pursuant to such an application.
Updated report— Not later than September 30, 2032, the Administrator shall submit to Congress an update to the report submitted under paragraph (1).
Report on loan programs for assessment, remediation, and reuse of brownfield sites—
In general— Not later than two years after the date of enactment of this Act, the Administrator shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing—
an analysis of whether establishing and implementing a loan program for the assessment, remediation, and reuse of brownfield sites, consistent with section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)), would be feasible and useful, including consideration of—
the demand for larger loans for which the amount of the loan is equal to or greater than the largest loan currently offered by eligible entities under section 104(k)(3)(B) of such Act;
the extent to which such a program would facilitate the remediation and reuse of brownfield sites at which potential contamination is particularly extensive or complex; and
the extent to which such a program could facilitate the remediation and reuse of one of more brownfield sites at an earlier date than such activities would otherwise proceed; and
if the Administrator finds such a program will be feasible and useful, recommendations for statutory changes needed to authorize such a program.
Consultation— In carrying out this subsection, the Administrator shall consult with other Federal agencies, eligible entities, site owners, site developers, and any other entities the Administrator considers appropriate.
National Priorities List deletion study— The Comptroller General shall conduct a study with respect to the process for the deletion or partial deletion of sites from the National Priorities List established under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605), in order to identify any barriers to such deletion or partial deletion, including a review of the following:
The process of coordination between Federal and State entities with respect to such deletion or partial deletion.
Any impediments to timely and efficient deletion or partial deletion of sites.
Opportunities to expedite the deletion or partial deletion of sites with respect to which applicable remedial action has been completed.
Guidance for permitting on brownfield sites—
In general— Not later than 1 year after the date of enactment of this Act, the Administrator shall develop guidance to assist Federal agencies in more efficiently issuing Federal authorizations, and conducting environmental reviews for such authorizations, with respect to projects relating to brownfield sites.
Considerations— In developing or updating guidance under this subsection, the Administrator shall consider matters related to—
the availability of historic site-specific environmental data;
previously completed environmental reviews required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
data or information collected as part of assessment or remediation activities under section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k));
community engagement and historical experience with previous uses; and
any other matters the Administrator determines appropriate.
Updates— The Administrator shall update the guidance developed under this subsection periodically.
Definitions— In this section:
Administrator— The term Administrator means the Administrator of the Environmental Protection Agency.
Brownfield site— The term brownfield site has the meaning given that term in section 101(39) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601(39)).
Federal authorization— The term Federal authorization, with respect to a project—
means any authorization required under Federal law for the project; and
includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law for such project.
Remedial action— The term remedial action has the meaning given that term in section 101(24) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601(24)).