Brownfields Revitalization for a Better Tomorrow Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8739 Introduced in House (IH)]

<DOC>

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)).
                                 <all>