S 350 in Congressional Session 107

Bill Number : S 350

Title : A bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to promote the cleanup and reuse of brownfields, to provide financial assistance for brownfields revitalization, to enhance State response programs, and for other purposes.

SUMMARY AS OF:
4/25/2001--Passed Senate amended.    (There are 2 other summaries) Brownfields Revitalization and Environmental Restoration Act of 2001 -

Title I:

Brownfields Revitalization Funding - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to provide for grants to eligible entities (including local government units, redevelopment agencies, States, and Indian tribes) for inventorying, characterizing, assessing, remediating, and conducting planning related to brownfield sites. Defines a "brownfield site," with exceptions, as real property, the expansion, redevelopment, or reuse of which is complicated by the presence or potential presence of a hazardous substance or pollutant. Includes within such definition a site: (1) that is contaminated by a controlled substance; (2) that is contaminated by petroleum or a petroleum product excluded from the CERCLA definition of "hazardous substance" which is determined to be of relatively low risk, that is a site for which there is no viable responsible party and which will be cleaned up by a person not potentially liable, and that is not subject to a specified order under the Solid Waste Disposal Act; or (3) that is mine-scarred land. Authorizes appropriations. Requires at least 25 percent of such funding to be used for petroleum-contaminated sites.

Title II:

Brownfields Liability Clarifications - Exempts from liability under CERCLA certain owners of real property contiguous to property on which there has been a hazardous substance release or threatened release that is not owned by such persons.

(Sec. 202)

Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case for which the owner is not liable by reason of this section and the facility's fair market value has increased above that which existed before the action was taken.

(Sec. 203)

Deems a person, with respect to defenses to liability of an owner of after-acquired property, to have undertaken appropriate inquiry into the property's previous ownership and uses if the person demonstrates that inquiries were undertaken in accordance with specified requirements (for property purchased after May 31, 1997, compliance with an American Society for Testing and Materials standard until standards are issued by the Administrator of the Environmental Protection Agency). Deems the appropriate inquiry requirements to be satisfied by a facility inspection and title search that reveal no basis for further investigation in the case of property for residential or similar use purchased by a nongovernmental or noncommercial entity.

Title III:

State Response Programs -Adds CERCLA provisions authorizing the Administrator to award grants to States or Indian tribes to establish or enhance response programs comprised of elements including survey and inventory of brownfield sites, public participation opportunities, oversight and enforcement authorities, and certification mechanisms. Authorizes appropriations.Restricts authority to take enforcement actions under CERCLA in cases of hazardous substance releases addressed by a State response plan. Authorizes the President to bring enforcement actions in certain instances, including cases where a State requests assistance, there is migration of contamination across State lines or onto Federal property, or there is an imminent and substantial endangerment to public health or welfare or the environment and additional response actions are likely to be necessary.Makes restrictions on the President's authority to take such actions applicable only at sites in States that maintain, update at least annually, and make publicly available a record of sites at which response actions have been completed in the previous year and are planned to be addressed under the State response program in the upcoming year. Applies enforcement action requirements only to response actions conducted after February 15, 2001.

(Sec. 302)

Requires the President to defer final listing of an eligible response site on the National Priorities List if the State is conducting a response action in compliance with a State response program that will provide long-term health and environmental protection or is actively pursuing an agreement to perform such an action with a capable person. Requires reasonable progress toward completion of actions for deferral of listing. Permits the President to decline to defer, or discontinue a deferral if: (1) deferral would be inappropriate because the State, as an owner, operator, or significant contributor is a potentially responsible party; (2) the criteria under the National Contingency Plan for issuance of a health advisory have been met; or (3) the other conditions under this section for deferral are no longer being met.

Sen Akaka, Daniel K. [HI] - 3/12/2001

Sen Allard, Wayne [CO] - 3/6/2001

Sen Allen, George [VA] - 4/5/2001

Sen Baucus, Max [MT] - 2/15/2001

Sen Bayh, Evan [IN] - 3/15/2001

Sen Biden, Joseph R., Jr. [DE] - 2/28/2001

Sen Bingaman, Jeff [NM] - 4/5/2001

Sen Boxer, Barbara [CA] - 2/15/2001

Sen Breaux, John B. [LA] - 3/12/2001

Sen Brownback, Sam [KS] - 2/28/2001

Sen Bunning, Jim [KY] - 3/6/2001

Sen Byrd, Robert C. [WV] - 3/15/2001

Sen Campbell, Ben Nighthorse [CO] - 2/15/2001

Sen Cantwell, Maria [WA] - 3/15/2001

Sen Carper, Thomas R. [DE] - 2/15/2001

Sen Cleland, Max [GA] - 2/28/2001

Sen Clinton, Hillary Rodham [NY] - 2/15/2001

Sen Cochran, Thad [MS] - 3/15/2001

Sen Collins, Susan M. [ME] - 2/28/2001

Sen Corzine, Jon S. [NJ] - 2/15/2001

Sen Daschle, Thomas A. [SD] - 3/6/2001

Sen Dayton, Mark [MN] - 3/20/2001

Sen DeWine, Mike [OH] - 2/28/2001

Sen Dodd, Christopher J. [CT] - 2/28/2001

Sen Domenici, Pete V. [NM] - 3/6/2001

Sen Dorgan, Byron L. [ND] - 2/28/2001

Sen Durbin, Richard [IL] - 3/12/2001

Sen Edwards, John [NC] - 3/8/2001

Sen Feinstein, Dianne [CA] - 4/24/2001

Sen Fitzgerald, Peter [IL] - 3/6/2001

Sen Frist, William H. [TN] - 3/6/2001

Sen Graham, Bob [FL] - 2/15/2001

Sen Gramm, Phil [TX] - 4/25/2001

Sen Grassley, Chuck [IA] - 2/15/2001

Sen Gregg, Judd [NH] - 3/12/2001

Sen Harkin, Tom [IA] - 2/28/2001

Sen Helms, Jesse [NC] - 2/28/2001

Sen Hutchinson, Tim [AR] - 3/6/2001

Sen Jeffords, James M. [VT] - 2/28/2001

Sen Johnson, Tim [SD] - 4/25/2001

Sen Kennedy, Edward M. [MA] - 3/6/2001

Sen Kerry, John F. [MA] - 3/12/2001

Sen Landrieu, Mary L. [LA] - 2/28/2001

Sen Leahy, Patrick J. [VT] - 2/28/2001

Sen Levin, Carl [MI] - 2/28/2001

Sen Lieberman, Joseph I. [CT] - 2/15/2001

Sen Lincoln, Blanche L. [AR] - 2/28/2001

Sen Lugar, Richard G. [IN] - 3/20/2001

Sen McCain, John [AZ] - 3/6/2001

Sen McConnell, Mitch [KY] - 4/24/2001

Sen Mikulski, Barbara A. [MD] - 3/6/2001

Sen Murray, Patty [WA] - 3/6/2001

Sen Reed, Jack [RI] - 2/28/2001

Sen Reid, Harry [NV] - 2/15/2001

Sen Rockefeller, John D., IV [WV] - 3/12/2001

Sen Santorum, Rick [PA] - 3/6/2001

Sen Sarbanes, Paul S. [MD] - 2/28/2001

Sen Schumer, Charles E. [NY] - 2/28/2001

Sen Sessions, Jeff [AL] - 3/8/2001

Sen Smith, Bob [NH] - 2/15/2001

Sen Smith, Gordon H. [OR] - 2/28/2001

Sen Snowe, Olympia J. [ME] - 2/28/2001

Sen Specter, Arlen [PA] - 2/15/2001

Sen Stabenow, Debbie [MI] - 2/28/2001

Sen Thompson, Fred [TN] - 4/5/2001

Sen Torricelli, Robert G. [NJ] - 3/12/2001

Sen Warner, John [VA] - 2/15/2001

Sen Wellstone, Paul D. [MN] - 4/25/2001

Sen Wyden, Ron [OR] - 2/15/2001