Brownfields Redevelopment Enhancement Act - Amends the Housing and Community Development Act of 1974 to authorize the Secretary of Housing and Urban Development to make grants (without certain otherwise-required loan guarantees) to eligible public entities and Indian tribes to assist in the environmental cleanup and economic development of brownfield sites including mine-scarred lands.
Prohibits: (1) providing or using such grants in a manner that reduces the financial responsibility of any nongovernmental party that is responsible or potentially responsible for contamination on any real property; and (2) the provision of assistance pursuant to this section from in any way relieving any party of liability with respect to such contamination, including liability for removal and remediation costs.Authorizes FY2006-FY2010 appropriations.
Defines "brownfield site" for purposes of this section.
Makes brownfields-related environmental cleanup and economic development activities eligible for community development block grant (CDBG) assistance.
Authorizes CDBG use to administer renewal communities.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 280 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 280
To facilitate the provision of assistance by the Department of Housing
and Urban Development for the cleanup and economic redevelopment of
brownfields.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 6, 2005
Mr. Gary G. Miller of California (for himself, Mrs. Maloney, Mr. Oxley,
Mr. Frank of Massachusetts, Mr. Ney, Mr. Kanjorski, Mr. Leach, Ms.
Hart, Mr. Souder, and Mr. Turner) introduced the following bill; which
was referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To facilitate the provision of assistance by the Department of Housing
and Urban Development for the cleanup and economic redevelopment of
brownfields.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brownfields Redevelopment
Enhancement Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) returning the Nation's brownfield sites to productive
economic use could generate more than 550,000 additional jobs
and up to $2,400,000,000 in new tax revenues for cities and
towns;
(2) redevelopment of brownfield sites and reuse of
infrastructure at such sites will protect natural resources and
open spaces;
(3) lack of funding for redevelopment is a primary obstacle
impeding the reuse of brownfield sites;
(4) the Department of Housing and Urban Development is the
agency of the Federal Government that is principally
responsible for supporting community development and
encouraging productive land use in urban areas of the United
States;
(5) grants under the Brownfields Economic Development
Initiative of the Department of Housing and Urban Development
provide local governments with a flexible source of funding to
pursue brownfields redevelopment through land acquisition, site
preparation, economic development, and other activities;
(6) to be eligible for such grant funds, a community must
be willing to pledge community development block grant funds as
partial collateral for a loan guarantee under section 108 of
the Housing and Community Development Act of 1974, and this
requirement is a barrier to many local communities that are
unable or unwilling to pledge such block grant funds as
collateral; and
(7) by de-linking grants for brownfields development from
section 108 community development loan guarantees and the
related pledge of community development block grant funds, more
communities will have access to funding for redevelopment of
brownfield sites.
(b) Purposes.--The purpose of this Act is to provide cities and
towns with more flexibility for brownfields development, increased
accessibility to brownfields redevelopment funds, and greater capacity
to coordinate and collaborate with other government agencies--
(1) by providing additional incentives to invest in the
cleanup and development of brownfield sites; and
(2) by de-linking grants for brownfields development from
community development loan guarantees and the related pledge of
community development block grant funds.
SEC. 3. BROWNFIELDS DEVELOPMENT INITIATIVE.
Title I of the Housing and Community Development Act of 1974 (42
U.S.C. 5301 et seq.) is amended by adding at the end the following new
section:
``SEC. 123. BROWNFIELDS DEVELOPMENT INITIATIVE.
``(a) In General.--The Secretary may make grants under this
section, on a competitive basis as specified in section 102 of the
Department of Housing and Urban Development Reform Act of 1989 (42
U.S.C. 3545), only to eligible public entities (as such term is defined
in section 108(o) of this title) and Indian tribes for carrying out
projects and activities to assist the environmental cleanup and
development of brownfield sites, which shall include mine-scarred
lands.
``(b) Use of Grant Amounts.--Amounts from grants under this section
shall--
``(1) be used, as provided in subsection (a) of this
section, only for activities specified in section 108(a); and
``(2) be subject to the same requirements that, under
section 101(c) and paragraphs (2) and (3) of section 104(b),
apply to grants under section 106.
``(c) Availability of Assistance.--The Secretary shall not require,
for eligibility for a grant under this section, that such grant amounts
be used only in connection or conjunction with projects and activities
assisted with a loan guaranteed under section 108.
``(d) Applications.--Applications for assistance under this section
shall be in the form and in accordance with procedures as shall be
established by the Secretary.
``(e) Selection Criteria and Leveraging.--The Secretary shall
establish criteria for awarding grants under this section, which may
include the extent to which the applicant has obtained other Federal,
State, local, or private funds for the projects and activities to be
assisted with grant amounts and such other criteria as the Secretary
considers appropriate. Such criteria shall include consideration of the
appropriateness of the extent of financial leveraging involved in the
projects and activities to be funded with the grant amounts.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section such sums as may be
necessary for each of fiscal years 2006, 2007, 2008, 2009, and 2010.''.
SEC. 4. CLARIFICATION OF BROWNFIELDS REDEVELOPMENT AS ELIGIBLE CDBG
ACTIVITY.
(a) Technical Correction.--The penultimate proviso of the first
undesignated paragraph of the item relating to ``Community Development
Block Grants Fund'' in title II of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1997 (Public Law 104-204; 110 Stat. 2887) shall be
treated as having amended section 105(a) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5305(a)) to read as such section was
in effect on September 30, 1995.
(b) Brownfields Redevelopment Activities.--Section 105(a) of the
Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)), as
in effect pursuant to subsection (a) of this section, is amended--
(1) in paragraph (24), by striking ``and'' at the end;
(2) in paragraph (25), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(26) environmental cleanup and economic development
activities related to brownfield projects in conjunction with
the appropriate environmental regulatory agencies.''.
SEC. 5. PILOT PROGRAM FOR NATIONAL REDEVELOPMENT OF BROWNFIELDS.
Section 108(q) of the Housing and Community Development Act of 1974
(42 U.S.C. 5308(q)) is amended by adding at the end the following new
paragraph:
``(5) Pilot program for national redevelopment of
brownfields.--
``(A) In general.--Using any amounts made available
under this subsection, the Secretary may establish a
pilot program under which grants under this subsection
are used to develop, maintain, and administer
(including the payment of an entity or entities
selected pursuant to subparagraph (B)) a common loan
pool of development loans for brownfield redevelopment
projects made on behalf of eligible public entities
with the proceeds of obligations guaranteed under this
section, including related security and a common loans
loss reserve account, for the benefit of participants
in the pilot program.
``(B) Selection of program managers and
contractors.--The Secretary may select an entity or
entities on a competitive or noncompetitive basis to
carry out any of the functions involved in the pilot
program.
``(C) Terms for participation.--Participation by
eligible public entities in the pilot program shall be
under such terms and conditions as the Secretary may
require.
``(D) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary--
``(i) for grants under this subsection to
be used only in conjunction with the pilot
program under this paragraph; and
``(ii) for costs of carrying out the pilot
program under this paragraph and ensuring that
the program is carried out in an effective,
efficient, and viable manner.''.
SEC. 6. TECHNICAL AMENDMENT TO ALLOW USE OF CDBG FUNDS TO ADMINISTER
RENEWAL COMMUNITIES.
Section 105(a)(13) of the Housing and Community Development Act of
1974 (42 U.S.C. 5305(a)(13)) is amended by inserting ``and renewal
communities'' after ``enterprise zones''.
SEC. 7. APPLICABILITY.
The amendments made by this Act shall apply only with respect to
amounts made available for fiscal year 2006 and fiscal years thereafter
for use under the provisions of law amended by this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Financial Services.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Voice Vote.
Reported by the Committee on Financial Services. H. Rept. 109-138.
Reported by the Committee on Financial Services. H. Rept. 109-138.
Placed on the Union Calendar, Calendar No. 80.
Mr. Oxley moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H11455-11459)
DEBATE - The House proceeded with forty minutes of debate on H.R. 280.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H11455-11456)
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On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H11455-11456)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.