H. R. 3518
IN THE HOUSE OF REPRESENTATIVES
July 31, 2009
Ms. Slaughter (for herself, Mr. Blumenauer, Mr. Carnahan, Mr. Conyers, Mr. Higgins, Mr. Hinchey, Ms. Kaptur, Mr. Kennedy, Mr. King of New York, Mr. McHugh, Mr. Pascrell, Mr. Ryan of Ohio, Ms. Schwartz, Mr. Serrano, Mr. Sestak, Mr. Sires, Ms. Sutton, Mr. Thompson of California, Mr. Wu, Mrs. Christensen, Mr. Langevin, Ms. Pingree of Maine, Mr. Tonko, Mr. Carney, Mrs. Dahlkemper, Mr. McGovern, Mr. Kildee, Mr. Welch, and Mr. Arcuri) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide grants for the revitalization of waterfront brownfields, and for other purposes.
This Act may be cited as the
Waterfront Brownfields Revitalization
Waterfront brownfields grant
Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended—
by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively;
(3)(A) by striking
paragraphs (4) and (5) and inserting
paragraphs (5) and (6);
by inserting after paragraph (3) the following:
Grants for waterfront brownfields revitalization
Subject to paragraphs (5) and (6), the President shall establish a program to provide grants to eligible entities or nonprofit organizations to be used at one or more waterfront brownfields sites.
Use of funds
Such grants may be used for reuse planning, site characterization and assessment, or remediation at waterfront brownfields sites, including the integration of activities related to the design and implementation of water quality improvements, low impact development approaches, green infrastructure, remediation and management of sediments, or flood damage prevention associated with brownfields remediation and reuse.
Waterfront brownfields site defined
In this section, the term waterfront brownfields site means a brownfields site any part of which is adjacent to a body of water.
in paragraph (5)(A) (as redesignated by paragraph (1) of this section) by inserting after clause (ii) the following:
Waterfront brownfields revitalization
A grant made to an eligible entity or nonprofit organization under paragraph (4) may not exceed $500,000.
(7)(A) (as redesignated by paragraph (1) of this section) by inserting
waterfront brownfields revitalization, after
by striking paragraph (13) (as redesignated by paragraph (1) of this section) and inserting the following:
Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $220,000,000 for each of fiscal years 2010 through 2014.
Use of certain funds
Of the amounts made available under subparagraph (A) for a fiscal year $55,000,000, or, if the amount made available is less than $220,000,000, 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).
Waterfront brownfields revitalization
There are authorized to be appropriated such sums as may be necessary for waterfront brownfields revitalization grants under paragraph (4).
The Administrator of the Environmental Protection Agency shall establish and serve as chairperson of a task force on waterfront brownfields revitalization.
Members of the task force shall include representatives who have expertise in waterfronts or brownfields revitalization, including representatives from the following:
The Environmental Protection Agency.
The National Oceanographic and Atmospheric Administration.
The Army Corps of Engineers.
The Department of Transportation.
The Department of Housing and Urban Development.
The Economic Development Administration.
The United States Fish and Wildlife Service.
State and local governments.
Community-based organizations and other interested parties.
Any additional entities the Administrator chooses to include.
The task force shall identify—
current and potential funding and technical assistance resources for waterfront brownfields revitalization;
barriers to and solutions for waterfront brownfields revitalization; and
methods to coordinate interagency efforts for waterfront brownfields revitalization.
Not later than 3 years after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report detailing the findings of the task force on improving waterfront brownfields revitalization.
The Administrator of the Environmental Protection Agency shall submit to the Committee on Energy and Commerce and the Committee on Transportation and Infrastructure of the House of Representatives an annual report on the implementation of the brownfield site characterization and assessment grant program authorized by section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)).
Committee hearings on annual report
During each year, the Committee on Energy and Commerce and the Committee on Transportation and Infrastructure of the House of Representatives shall each hold a hearing on the annual report submitted by the Administrator under subsection (a).
Exercise of rulemaking authority
The provisions of paragraph (1) are enacted—
as an exercise of the rulemaking power of the House of Representatives, and, as such, they shall be considered as part of the rules of the House, and such rules shall supersede any other rule of the House only to the extent that rule is inconsistent therewith; and
with full recognition of the constitutional right of the House to change such rules (so far as relating to the procedure in the House) at any time, in the same manner, and to the same extent as in the case of any other rule of the House.