[CPEO-BIF] Summary of S. 350 - the Senate Brownfields Bill

[Lenny Siegel <lsiegel@cpeo.org>]

[The following is a summary, prepared by proponents, of S. 350, the
Brownfields legislation introduced February 15 by Senators Smith,
Chafee, Reid, and Boxer. The legislation itself should soon be available
on the Environment and Public Works Committee website
http://www.senate.gov/~epw and on Thomas, the Library of Congress
legislative web data base.]

Brownfields Revitalization and Environmental Restoration Act of 2001 
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 2002-2006, 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 2002-2006 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.


-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 222B View St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/968-1126
lsiegel@cpeo.org
http://www.cpeo.org


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