[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8739 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8739
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 with respect to brownfields revitalization
funding, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 12, 2026
Mr. Guthrie introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Transportation and Infrastructure, 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 with respect to brownfields revitalization
funding, and for other purposes.
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 Revitalization for a
Better Tomorrow Act''.
SEC. 2. BROWNFIELDS REVITALIZATION FUNDING.
(a) 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)''.
(b) 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.''.
(c) 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''.
(d) 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--
(1) 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.''; and
(2) 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.''.
(e) 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).''.
(f) 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--
(1) in subparagraph (A)--
(A) by striking ``The Administrator may provide''
and inserting the following: ``The Administrator--
``(i) may provide'';
(B) by striking the period at the end and inserting
``; and''; and
(C) 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.''; and
(2) 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).''.
(g) 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--
(1) 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).''; and
(2) 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''.
(h) 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--
(1) 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
(2) by inserting ``, in which case the Administrator shall
waive the matching share requirement under this clause'' before
``; and''.
(i) 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--
(1) 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.''; and
(2) 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.
(a) 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--
(1) the status and balance of each such revolving loan
fund;
(2) each loan or grant provided by an eligible entity under
subparagraph (B) of such section; and
(3) any barriers to the eligible entity providing
additional loans or grants under such subparagraph (B).
(b) Report on Funding for Covered Entities and Covered
Applicants.--
(1) In general.--Not later than September 30, 2030, the
Administrator shall submit to Congress a report on--
(A) 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);
(B) the covered applicants selected by the
Administrator under such subparagraph; and
(C) the status of--
(i) 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
(ii) any activities for which a grant was
provided pursuant to such an application.
(2) Updated report.--Not later than September 30, 2032, the
Administrator shall submit to Congress an update to the report
submitted under paragraph (1).
(c) Report on Loan Programs for Assessment, Remediation, and Reuse
of Brownfield Sites.--
(1) 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--
(A) 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--
(i) 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;
(ii) 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
(iii) 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
(B) if the Administrator finds such a program will
be feasible and useful, recommendations for statutory
changes needed to authorize such a program.
(2) 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.
(d) 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:
(1) The process of coordination between Federal and State
entities with respect to such deletion or partial deletion.
(2) Any impediments to timely and efficient deletion or
partial deletion of sites.
(3) Opportunities to expedite the deletion or partial
deletion of sites with respect to which applicable remedial
action has been completed.
(e) Guidance for Permitting on Brownfield Sites.--
(1) 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.
(2) Considerations.--In developing or updating guidance
under this subsection, the Administrator shall consider matters
related to--
(A) the availability of historic site-specific
environmental data;
(B) previously completed environmental reviews
required by the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
(C) 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));
(D) community engagement and historical experience
with previous uses; and
(E) any other matters the Administrator determines
appropriate.
(3) Updates.--The Administrator shall update the guidance
developed under this subsection periodically.
(f) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) 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)).
(3) Federal authorization.--The term ``Federal
authorization'', with respect to a project--
(A) means any authorization required under Federal
law for the project; and
(B) includes any permits, special use
authorizations, certifications, opinions, or other
approvals as may be required under Federal law for such
project.
(4) 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)).
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