[CPEO-BIF] Brownfields Revitalization and Environmental Restoration Act of 200

[CPEO Moderator <cpeo@cpeo.org>]

http://chafee.senate.gov/brown_facts.html

Brownfields Revitalization and Environmental Restoration Act of 2000

Key Provisions

-Provides critically needed funds to assess and clean up abandoned and
underutilized brownfield sites, which will create jobs, increase tax
revenues, preserve and create open space and parks; 

-Provides legal protections for innocent parties, such as contiguous
property owners, prospective purchasers, and innocent landowners; 

-Provides for funding and enhancement of state cleanup programs, including
limits where appropriate on enforcement by the federal government at sites
cleaned up under a State response program. Provides a balance of certainty
for prospective purchasers, developers and others while ensuring protection
of the public health. 

-Creates a public record of brownfield sites and enhances community
involvement in site
cleanup and reuse. 

-Provides for deferral of listing sites on the National Priorities List if
the state is taking action at
the site. 

TITLE I: BROWNFIELD REVITALIZATION FUNDING 

Authorizes $150 million per year, for fiscal years 2001-2005, for grants to
local governments, States and Indian tribes to inventory, assess and
cleanup contaminated brownfield sites, either through establishing a
Revolving Loan Fund or, in some circumstances, by giving a grant. Provides
criteria to be used in awarding these funds, including the extent to which
the money will protect human health, spur redevelopment and create jobs,
preserve open space and parks, and represent a fair distribution of money
between urban and rural areas. 

TITLE II: BROWNFIELD LIABILITY CLARIFICATIONS 

Contiguous Property Owners - Generally provides Superfund liability relief
for innocent persons who own property that is contaminated solely due to a
release from another property, so long as the person did not cause or
contribute to the release, and provides cooperation and access for the
cleanup. 

Prospective Purchasers - Generally provides Superfund liability relief for
innocent future buyers of brownfields who are not responsible for
contamination and do not impede the cleanup of the site, make all
appropriate inquiry prior to purchase, exercise appropriate care with
respect to hazardous substances, and provide cooperation and access to
persons cleaning up the site. The bill also provides for "windfall liens"
at sites where the government pays for the cleanup, and the fair market
value was enhanced by that effort. 

Innocent Landowners - Clarifies relief from Superfund liability for
landowners who had no reason to know of contamination at the time of
purchase, despite having made all appropriate inquiry into prior ownership
and use of the facility. Provides certainty to parties by clarifying what
needs to be done to satisfy the "appropriate inquiry" requirement in the
current statute. 

TITLE III: STATE RESPONSE PROGRAMS 

Authorizes $50 million per year in fiscal years 2001-2005 for grants to
states and Indian tribes to establish and enhance their cleanup programs,
when the programs meet or are making progress toward meeting general
criteria, such as protection of human health and providing public
involvement. 

Provides deference to state programs and provides additional "certainty" to
persons who conduct cleanups under state programs by placing restrictions
on the authority of the Administrator to take an enforcement action under
the federal Superfund law, while preserving the President's ability to
address serious problems. 

Provides for states to keep a public record of sites, in order for the
sites in the state program to be eligible for the bar on federal
enforcement. This record will provide the public with critical information
about the sites in their neighborhoods. 

Provides a deferral for listing sites on the federal Superfund list if the
site is being adequately handled by the state program. 

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