[Senate Report 113-186]
[From the U.S. Government Publishing Office]
Calendar No. 416
113th Congress } { Report
SENATE
2d Session } { 113-186
======================================================================
BROWNFIELDS UTILIZATION, INVESTMENT, AND LOCAL DEVELOPMENT ACT OF 2013
_______
June 5, 2014.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 491]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works to which was
referred the bill (S. 491) to amend the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
to modify provisions relating to grants and for other purposes,
having considered the same, reports favorably thereon with
amendments and recommends that the bill, as amended, do pass.
General Statement and Background
Brownfields are properties where the presence, or potential
presence, of a hazardous substance complicates the expansion or
redevelopment of the property. Section 104(k) of CERCLA
authorizes EPA to provide grants and technical assistance to
State and local governmental entities, and other stakeholders
to assess, safely clean up, and sustainably reuse brownfields.
Cleaning up and reinvesting in these properties protects human
health and the environment, reduces blight, increases local tax
bases, facilitates job growth, and often utilizes existing
infrastructure.
The BUILD Act would reauthorize the Brownfields program at
current funding levels through fiscal year 2016. S. 491 would
improve the existing grant process by increasing the limit for
cleanup grants and expanding grant eligibility for certain
publicly owned sites and non-profit organizations, authorize
EPA to make multi-purpose grants, authorize grants for
waterfront properties and brownfield sites appropriate for
clean energy development, allow grant recipients to use a
portion of grant funds for administrative costs, provide
technical assistance to small communities and disadvantaged
areas, and authorize up to $2 million per fiscal year in
targeted funding grants to States.
Purpose of the Legislation
S. 491, the ``Brownfields Utilization, Investment, and
Local Development Act of 2013'' or ``BUILD Act,'' authorizes
the appropriation of $250 million annually through 2016 for the
Environmental Protection Agency (EPA) to provide brownfields
cleanup grants and programs, and would amend section 104(k) of
CERCLA (42 U.S.C. 9604(k)) to improve the existing grant
process by increasing the limit for cleanup grants and
expanding grant eligibility for certain publicly owned sites
and non-profit organizations.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides that the Act may be cited as the
``Brownfields Utilization, Investment, and Local Development
Act of 2013'' or the ``BUILD Act.''
Section 2. Expanded eligibility for nonprofit organizations
Section 2 expands the eligibility for Brownfields grants
for nonprofit organizations to include certain nonprofit
organizations, limited liability corporations, limited
partnerships, and community development entities.
Section 3. Multipurpose brownfield grants
Section 3 authorizes EPA to make multi-purpose grants,
which provide greater certainty for long-term project
financing.
Section 4. Treatment of certain publicly owned brownfield sites
Section 4 allows government entities that acquired
brownfields property prior to January 11, 2002, that do not
qualify as a bona fide prospective purchaser under section
101(40) of CERCLA, to be eligible to receive grants so long as
the government entity did not cause or contribute to a release
or threatened release of a hazardous substance at the property.
Section 5. Increased funding for remediation grants
Section 5 increases funding limit for each site from the
current $200,000 to $500,000 for each site. This section also
authorizes the EPA to waive that limit, up to $650,000 for a
site, based on the anticipated level of contamination, size, or
ownership status of the site.
Section 6. Allowing administrative costs for grant recipients
Section 6 allows eligible entities to use up to 8 percent
of their brownfield grant funding for administrative costs.
Section 7. Small or disadvantaged community technical assistance
Section 7 directs EPA to give priority in providing
technical assistance grants to eligible entities in small
communities, Indian tribes, rural areas, and disadvantaged
areas. This section defines a ``disadvantaged area'' as an area
with an annual median household income that is less than 80
percent of the State-wide annual median household income, as
determined by the latest available decennial census. This
section also defines a ``small community'' as a community with
a population of not more than 15,000 individuals, as determined
by the latest available decennial census.
Section 8. Waterfront brownfield grants
Section 8 directs EPA in providing brownfield grants to
give consideration to waterfront brownfield sites.
Section 9. Clean energy brownfield grants
Section 9 requires EPA to establish a program to provide
grants of up to $500,000 to eligible entities to locate clean
energy projects at brownfield sites.
Section 10. Targeted funding for States
Section 10 authorizes EPA to use up to $2 million each
fiscal year to provide grants to States.
Section 11. Authorization of appropriations
Section 11 authorizes appropriations of $250 million
annually through fiscal year 2016.
Legislative History
Senators Lautenberg, Inhofe, Crapo, and Udall introduced S.
491, the ``Brownfields Utilization, Investment, and Local
Development Act of 2013'' or the ``BUILD Act'' on March 7,
2013. The bill was read twice and referred to the Senate
Committee on Environment and Public Works. The Committee met on
April 3, 2014, and ordered S. 491 favorably reported with an
amendment by voice vote.
Hearings
The Committee on Environment and Public Works, Subcommittee
on Superfund, Toxics and Environmental Health, held a hearing
entitled, ``Cleaning Up and Restoring Communities for Economic
Revitalization'' on July 24, 2013.
Roll Call Votes
On April 3, 2014, the Committee on Environment and Public
Works met and considered S. 491. An amendment offered by
Senators Boxer, Udall, Inhofe, Booker, and Crapo was adopted by
voice vote. S. 491, as amended, was reported favorably by a
voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 491
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the Committee notes that the Congressional
Budget Office has found, ``S. 491 contains no intergovernmental
or private-sector mandates as defined in the Unfunded Mandates
Reform Act (UMRA).''
Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 10, 2014.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC 20510
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 491, the Brownfields
Utilization, Investment, and Local Development Act of 2013.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 491--Brownfields Utilization, Investment, and Local Development Act
of 2013
Summary: S. 491 would authorize the appropriation of $250
million annually for 2015 and 2016 for the Environmental
Protection Agency (EPA) to provide brownfields cleanup grants
and programs. (Brownfields are properties where the presence,
or potential presence, of a hazardous substance complicates the
expansion or redevelopment of the property.) Assuming
appropriation of the authorized amounts, CBO estimates that
implementing S. 491 would cost $500 million over the 2015-2019
period.
Pay-as-you-go procedures do not apply to this legislation
because the bill would not affect direct spending or revenues.
S. 491 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 491 is shown in the following table. The
costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------
2015 2016 2017 2018 2019 2015-2019
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Cleanup Grants:
Authorization Level...................................... 200 200 0 0 0 400
Estimated Outlays........................................ 10 170 184 30 6 400
State and Tribal Cleanup Programs:
Authorization Level...................................... 50 50 0 0 0 100
Estimated Outlays........................................ 3 41 46 8 2 100
Total Changes:
Authorization Level.................................. 250 250 0 0 0 500
Estimated Outlays.................................... 13 211 230 38 8 500
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
491 will be enacted near the end of 2014 and that the
authorized amounts will be appropriated for each year.
Estimated outlays are based on historical spending patterns for
brownfields programs.
S. 491 would authorize the appropriation of $250 million
annually over the 2015-2016 period for EPA's brownfields
restoration activities. The authorization for this program
expired in 2006, but it has continued to receive approprations
each year; $161 million was appropriated for the program in
2014.
Enacting this bill would reinstate the expired
authorization level of $200 million for brownfields cleanup
grants and $50 million for voluntary cleanup programs by state
and tribal governments. Enacting this legislation also would
increase the limit for cleanup grants and expand eligibility
for grants to certain publicly owned sites and nonprofit
organizations. In addition, S. 491 would enable grant
recipients to use up to 8 percent of the grant money received
to cover administrative costs.
Pay-As-You-Go Considerations: None.
Intergovernmental and private-sector impact: S. 491
contains no intergovernmental or private-sector mandates as
defined in UMRA. State, local and tribal governments would
benefit from financial assistance authorized in the bill. Any
costs to those governments would be incurred voluntarily as a
condition of receiving federal assistance.
Estimate prepared by: Federal Costs: Susanne S. Mehlman;
Impact on State, Local, and Tribal Governments: Melissa
Merrell; Impact on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT
OF 1980
* * * * * * *
Sec. 104. (a)(1) * * *
* * * * * * *
(k) Brownfields Revitalization Funding.--
(1) Definition of eligible entity.--In this
subsection, the term ``eligible entity'' means--
(A) a general purpose unit of local
government;
(B) a land clearance authority or other
quasi-governmental entity that operates under
the supervision and control of or as an agent
of a general purpose unit of local government;
(C) a government entity created by a State
legislature;
(D) a regional council or group of general
purpose units of local government;
(E) a redevelopment agency that is chartered
or otherwise sanctioned by a State;
(F) a State;
(G) an Indian Tribe other than in Alaska;
[or]
(H) an Alaska Native Regional Corporation and
an Alaska Native Village Corporation as those
terms are defined in the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 and following)
and the Metlakatla Indian community[.] ;
(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).
* * * * * * *
(2) Brownfield site characterization and assessment
grant program.--
(A) Establishment of program.--The
Administrator shall establish a program to--
(i) provide grants to inventory,
characterize, assess, and conduct
planning related to brownfield sites
under subparagraph (B); and
(ii) perform targeted site
assessments at brownfield sites.
(B) Assistance for site characterization and
assessment.--
(i) In general.--On approval of an
application made by an eligible entity,
the Administrator may make a grant to
the eligible entity to be used for
programs to inventory, characterize,
assess, and conduct planning related to
one or more brownfield sites.
(ii) Site characterization and
assessment.--A site characterization
and assessment carried out with the use
of a grant under clause (i) shall be
performed in accordance with section
101(35)(B).
(C) Exemption for certain publicly owned
brownfield sites.--Notwithstanding any other
provision of law, an eligible entity that is a
governmental entity may receive a grant under
this paragraph for property acquired by that
governmental entity prior to January 11, 2002,
even if the governmental entity does not
qualify as a bona fide prospective purchaser
(as that term is defined in section 101(40)),
so long as the eligible entity has not caused
or contributed to a release or threatened
release of a hazardous substance at the
property.
(3) Grants and loans for brownfield remediation.--
(A) Grants provided by the president.--
[Subject to paragraphs (4) and (5)] subject to
paragraphs (5) and (6), the President shall
establish a program to provide grants to--
(i) eligible entities, to be used for
capitalization of revolving loan funds;
and
(ii) eligible entities or nonprofit
organizations, where warranted, as
determined by the President based on
considerations under subparagraph (C),
to be used directly for remediation of
one or more brownfield sites owned by
the entity or organization that
receives the grant and in amounts not
to exceed [$200,000 for each site to be
remediated $500,000 for each site to be
remediated, which limit may be waived
by the Administrator, but not to exceed
a total of 650,000 for each site, based
on the anticipated level of
contamination, size, or ownership
status of the site.
(4) Multipurpose brownfields grants.--
(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 considerations under paragraph (3)(C),
to carry out inventory, characterization,
assessment, planning, or remediation activities
at 1 or more brownfield sites in a proposed
area.
(B) Grant amounts.--
(i) Individual grant amounts.--Each
grant awarded under this paragraph
shall not exceed $950,000.
(ii) Cumulative grant amounts.--The
total amount of grants awarded for each
fiscal year under this paragraph shall
not exceed 15 percent of the funds 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 an 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 eligible
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 3 years
after the date on which the grant is awarded to
the eligible entity unless the Administrator,
in the discretion of the Administrator,
provides an extension.
[(4)] (5) General provisions.--
(A) Maximum grant amount.--
(i) Brownfield site characterization
and assessment.--
(I) In general.--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, $200,000.
(II) Waiver.--The
Administrator may waive the
$200,000 limitation under
subclause (I) to permit the
brownfield site to receive a
grant of not to exceed
$350,000, based on the
anticipated level of
contamination, size, or status
of ownership of the site.
(ii) Brownfield remediation.--A grant
under paragraph (3)(A)(i) may be
awarded to an eligible entity on a
community-wide or site-by-site basis,
not to exceed $1,000,000 per eligible
entity. The Administrator may make an
additional grant to an eligible entity
described in the previous sentence for
any year after the year for which the
initial grant is made, taking into
consideration--
(I) the number of sites and
number of communities that are
addressed by the revolving loan
fund;
(II) the demand for funding
by eligible entities that have
not previously received a grant
under this subsection;
(III) the demonstrated
ability of the eligible entity
to use the revolving loan fund
to enhance remediation and
provide funds on a continuing
basis; and
(IV) such other similar
factors as the Administrator
considers appropriate to carry
out this subsection.
(B) Prohibition.--
(i) In general.--No part of a grant
or loan under this subsection may be
used for the payment of--
(I) a penalty or fine;
(II) a Federal cost-share
requirement;
[(III) an administrative
cost;]
[(IV)] (III) a response cost
at a brownfield site for which
the recipient of the grant or
loan is potentially liable
under section 107; or
[(V)] (IV) a cost of
compliance with any Federal law
(including a Federal law
specified in section
101(39)(B)), excluding the cost
of compliance with laws
applicable to the cleanup.
[(ii)] Exclusions.--For the purposes
of clause (i)(III), the term
``administrative cost'' does not
include the cost of--
(I) investigation and
identification of the extent of
contamination;
(II) design and performance
of a response action; or
(III) monitoring of a natural
resource.
[(iii)] (ii) Exception.--
[Notwithstanding clause (i)(IV)]
Notwithstanding clause (i)(III), the
Administrator may use up to 25 percent
of the funds made available to carry
out this subsection to make a grant or
loan under this subsection to eligible
entities that satisfy all of the
elements set forth in section 101(40)
to qualify as a bona fide prospective
purchaser, except that the date of
acquisition of the property was on or
before January 11, 2002.
(C) Assistance for development of local
government site remediation programs.--A local
government that receives a grant under this
subsection may use not to exceed 10 percent of
the grant funds to develop and implement a
brownfields program that may include--
(i) monitoring the health of
populations exposed to one or more
hazardous substances from a brownfield
site; and
(ii) monitoring and enforcement of
any institutional control used to
prevent human exposure to any hazardous
substance from a brownfield site.
(D) Insurance.--A recipient of a grant or
loan awarded under paragraph (2) or (3) that
performs a characterization, assessment, or
remediation of a brownfield site may use a
portion of the grant or loan to purchase
insurance for the characterization, assessment,
or remediation of that site.
(E) Administrative costs.--
(i) In general.--An eligible entity
may use up to 8 percent of the amounts
made available under a grant or loan
under this subsection for
administrative costs.
(ii) Restriction.--For purposes of
clause (i), the term `administrative
costs' does not include--
(I) investigation and
identification of the extent of
contamination;
(II) design and performance
of a response action; or
(III) monitoring of a natural
resource.
[(5)] (6) Grant applications.--
(A) Submission.--
(i) In general.--
(I) Application.--An eligible
entity may submit to the
Administrator, through a
regional office of the
Environmental Protection Agency
and in such form as the
Administrator may require, an
application for a grant under
this subsection for one or more
brownfield sites (including
information on the criteria
used by the Administrator to
rank applications under
subparagraph (C), to the extent
that the information is
available).
(II) NCP requirements.--The
Administrator may include in
any requirement for submission
of an application under
subclause (I) a requirement of
the National Contingency Plan
only to the extent that the
requirement is relevant and
appropriate to the program
under this subsection.
(ii) Coordination.--The Administrator
shall coordinate with other Federal
agencies to assist in making eligible
entities aware of other available
Federal resources.
(iii) Guidance.--The Administrator
shall publish guidance to assist
eligible entities in applying for
grants under this subsection.
(B) Approval.--The Administrator shall--
(i) at least annually, complete a
review of applications for grants that
are received from eligible entities
under this subsection; and
(ii) award grants under this
subsection to eligible entities that
the Administrator determines have the
highest rankings under the ranking
criteria established under subparagraph
(C).
(C) Ranking criteria.--The Administrator
shall establish a system for ranking grant
applications received under this paragraph that
includes the following criteria:
(i) The extent to which a grant will
stimulate the availability of other
funds for environmental assessment or
remediation, and subsequent reuse, of
an area in which one or more brownfield
sites are located.
(ii) The potential of the proposed
project or the development plan for an
area in which one or more brownfield
sites are located to stimulate economic
development of the area on completion
of the cleanup.
(iii) The extent to which a grant
would address or facilitate the
identification and reduction of threats
to human health and the environment,
including threats in areas in which
there is a greater-than-normal
incidence of diseases or conditions
(including cancer, asthma, or birth
defects) that may be associated with
exposure to hazardous substances,
pollutants, or contaminants.
(iv) The extent to which a grant
would facilitate the use or reuse of
existing infrastructure.
(v) The extent to which a grant would
facilitate the creation of,
preservation of, or addition to a park,
a greenway, undeveloped property,
recreational property, or other
property used for nonprofit purposes.
(vi) The extent to which a grant
would meet the needs of a community
that has an inability to draw on other
sources of funding for environmental
remediation and subsequent
redevelopment of the area in which a
brownfield site is located because of
the small population or low income of
the community.
(vii) The extent to which the
applicant is eligible for funding from
other sources.
(viii) The extent to which a grant
will further the fair distribution of
funding between urban and nonurban
areas.
(ix) The extent to which the grant
provides for involvement of the local
community in the process of making
decisions relating to cleanup and
future use of a brownfield site.
(x) The extent to which a grant would
address or facilitate the
identification and reduction of threats
to the health or welfare of children,
pregnant women, minority or low-income
communities, or other sensitive
populations.
[(6)] (7) Implementation of brownfields programs.--
(A) Establishment of program.--[The
Administrator may provide,]
(i) Definitions.--In this
subparagraph:
(I) Disadvantaged area.--The
term `disadvantaged area' means
an area with an annual median
household income that is less
than 80 percent of the State-
wide annual median household
income, as determined by the
latest available decennial
census.
(II) Small community.--The
term `small community' means a
community with a population of
not more than 15,000
individuals, as determined by
the latest available decennial
census.
(ii) Establishment of program.--The
Administrator shall establish a program
to provide grants that provide, or fund
eligible entities or nonprofit
organizations to provide training,
research, and technical assistance to
individuals and organizations, as
appropriate, to facilitate the
inventory of brownfield sites, site
assessments, remediation of brownfield
sites, community involvement, or site
preparation.
(iii) Small or disadvantaged
community recipients.--
(I) In general.--Subject to
subclause (II), in carrying out
the program under clause (ii),
the Administrator shall use not
more than $600,000 of the
amounts made available to carry
out this paragraph to provide
grants to States that receive
amounts under section 128(a) to
assist small communities,
Indian tribes, rural areas, or
disadvantaged areas in
achieving the purposes
described in clause (ii).
(II) Limitation.--Each grant
awarded under subclause (I)
shall be not more than $7,500.
(B) Funding restrictions.--The total Federal
funds to be expended by the Administrator under
this paragraph shall not exceed 15 percent of
the total amount appropriated to carry out this
subsection in any fiscal year.
[(7)] (8) Audits.--
(A) In general.--The Inspector General of the
Environmental Protection Agency shall conduct
such reviews or audits of grants and loans
under this subsection as the Inspector General
considers necessary to carry out this
subsection.
(B) Procedure.--An audit under this
subparagraph shall be conducted in accordance
with the auditing procedures of the General
Accounting Office, including chapter 75 of
title 31, United States Code.
(C) Violations.--If the Administrator
determines that a person that receives a grant
or loan under this subsection has violated or
is in violation of a condition of the grant,
loan, or applicable Federal law, the
Administrator may--
(i) terminate the grant or loan;
(ii) require the person to repay any
funds received; and
(iii) seek any other legal remedies
available to the Administrator.
(D) Report to congress.--Not later than 3
years after the date of the enactment of this
subsection, the Inspector General of the
Environmental Protection Agency shall submit to
Congress a report that provides a description
of the management of the program (including a
description of the allocation of funds under
this subsection).
[(8)] (9) Leveraging.--An eligible entity that
receives a grant under this subsection may use the
grant funds for a portion of a project at a brownfield
site for which funding is received from other sources
if the grant funds are used only for the purposes
described in paragraph (2) or (3).
[(9)] (10) Agreements.--Each grant or loan made under
this subsection shall--
(A) include a requirement of the National
Contingency Plan only to the extent that the
requirement is relevant and appropriate to the
program under this subsection, as determined by
the Administrator; and
(B) be subject to an agreement that--
(i) requires the recipient to--
(I) comply with all
applicable Federal and State
laws; and
(II) ensure that the cleanup
protects human health and the
environment;
(ii) requires that the recipient use
the grant or loan exclusively for
purposes specified in paragraph (2) or
(3), as applicable;
(iii) in the case of an application
by an eligible entity under paragraph
(3)(A), requires the eligible entity to
pay a matching share (which may be in
the form of a contribution of labor,
material, or services) of at least 20
percent, from non-Federal sources of
funding, unless the Administrator
determines that the matching share
would place an undue hardship on the
eligible entity; and
(iv) contains such other terms and
conditions as the Administrator
determines to be necessary to carry out
this subsection.
(11) Waterfront brownfield sites.--
(A) Definition of waterfront brownfield
site.--In this paragraph, the term `waterfront
brownfield site' means a brownfield site that
is adjacent to a body of water or a federally
designated floodplain.
(B) Requirements.--In providing grants under
this subsection, the Administrator shall--
(i) take into consideration whether
the brownfield site to be served by the
grant is a waterfront brownfield site;
and
(ii) give consideration to waterfront
brownfield sites.
(12) Clean energy projects at brownfield sites.--
(A) Definition of clean energy project.--In
this paragraph, the term `clean energy project'
means--
(i) a facility that generates
renewable electricity from wind, solar,
or geothermal energy; and
(ii) any energy efficiency
improvement project at a facility,
including combined heat and power and
district energy.
(B) Establishment.--The Administrator shall
establish a program to provide grants--
(i) to eligible entities to carry out
inventory, characterization,
assessment, planning, feasibility
analysis, design, or remediation
activities to locate a clean energy
project at 1 or more brownfield sites;
and
(ii) to capitalize a revolving loan
fund for the purposes described in
clause (i).
(C) Maximum amount.--A grant under this
paragraph shall not exceed $500,000.
[(10)] (13) Facility other than brownfield site.--The
fact that a facility may not be a brownfield site
within the meaning of section 101(39)(A) has no effect
on the eligibility of the facility for assistance under
any other provision of Federal law.
[(11)] (14) Effect on federal laws.--Nothing in this
subsection affects any liability or response authority
under any Federal law, including--
(A) this Act (including the last sentence of
section 101(14));
(B) the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.);
(C) the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.);
(D) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.); and
(E) the Safe Drinking Water Act (42 U.S.C.
300f et seq.).
[(12)] (15) Funding.--
(A) Authorization of appropriations.--There
is authorized to be appropriated to carry out
this subsection $200,000,000 for each of fiscal
years 2002 through [2006] 2016.
(B) Use of certain funds.--Of the amount made
available under subparagraph (A), $50,000,000,
or, if the amount made available is less than
$200,000,000, 25 percent of the amount made
available, shall be used for site
characterization, assessment, and remediation
of facilities described in section
101(39)(D)(ii)(II).
(C) Targeted funding.--Of the amounts made
available under subparagraph (A) for a fiscal
year, the Administrator may use not more than
$2,000,000 to provide grants to States for
purposes authorized under section 128(a),
subject to the condition that each State that
receives a grant under this subparagraph shall
have used at least 50 percent of the amounts
made available to that State in the previous
fiscal year to carry out assessment and
remediation activities under section 128(a).
* * * * * * *
SEC. 128. STATE RESPONSE PROGRAMS.
(a) Assistance to States.--
(1) In general.--
(A) * * *
* * * * * * *
(3) Funding.--There is authorized to be appropriated
to carry out this subsection $50,000,000 for each of
fiscal years 2002 through [2006] 2016.