H.R. 6405 (112th): Waterfront Brownfields Revitalization Act

112th Congress, 2011–2013. Text as of Sep 13, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

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112th CONGRESS

2d Session

H. R. 6405

IN THE HOUSE OF REPRESENTATIVES

September 13, 2012

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

A BILL

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.

1.

Short title

This Act may be cited as the Waterfront Brown­fields Revitalization Act.

2.

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—

(1)

by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively;

(2)

in paragraph (3)(A) by striking paragraphs (4) and (5) and inserting paragraphs (5) and (6);

(3)

by inserting after paragraph (3) the following:

(4)

Grants for waterfront brownfields revitalization

(A)

In general

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.

(B)

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.

(C)

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.

;

(4)

in paragraph (5)(A) (as redesignated by paragraph (1) of this section) by inserting after clause (ii) the following:

(iii)

Waterfront brownfields revitalization

A grant made to an eligible entity or nonprofit organization under paragraph (4) may not exceed $500,000.

;

(5)

in paragraph (7)(A) (as redesignated by paragraph (1) of this section) by inserting waterfront brownfields revitalization, after community involvement,; and

(6)

by striking paragraph (13) (as redesignated by paragraph (1) of this section) and inserting the following:

(13)

Funding

(A)

Authorization of appropriations

There is authorized to be appropriated to carry out this subsection $220,000,000 for each of fiscal years 2013 through 2017.

(B)

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).

(C)

Waterfront brownfields revitalization

There are authorized to be appropriated such sums as may be necessary for waterfront brownfields revitalization grants under paragraph (4).

.

3.

Task Force

(a)

Establishment

The Administrator of the Environmental Protection Agency shall establish and serve as chairperson of a task force on waterfront brownfields revitalization.

(b)

Membership

Members of the task force shall include representatives who have expertise in waterfronts or brownfields revitalization, including representatives from the following:

(1)

The Environmental Protection Agency.

(2)

The National Oceanographic and Atmospheric Administration.

(3)

The Army Corps of Engineers.

(4)

The Department of Transportation.

(5)

The Department of Housing and Urban Development.

(6)

The Economic Development Administration.

(7)

The United States Fish and Wildlife Service.

(8)

State and local governments.

(9)

Community-based organizations and other interested parties.

(10)

Any additional entities the Administrator chooses to include.

(c)

Duties

The task force shall identify—

(1)

current and potential funding and technical assistance resources for waterfront brownfields revitalization;

(2)

barriers to and solutions for waterfront brownfields revitalization; and

(3)

methods to coordinate interagency efforts for waterfront brownfields revitalization.

(d)

Report

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.

4.

Annual report

(a)

In general

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)).

(b)

Committee hearings on annual report

(1)

In general

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).

(2)

Exercise of rulemaking authority

The provisions of paragraph (1) are enacted—

(A)

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

(B)

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.