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[DOCID: f:h2941ih.txt]
107th CONGRESS
1st Session
H. R. 2941
To facilitate the provision of assistance by the Department of Housing
and Urban Development for the cleanup and economic redevelopment of
brownfields.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 21, 2001
Mr. Gary G. Miller of California (for himself, Mrs. Maloney of New
York, Mr. Oxley, and Mrs. Roukema) introduced the following bill; which
was referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To facilitate the provision of assistance by the Department of Housing
and Urban Development for the cleanup and economic redevelopment of
brownfields.
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 Redevelopment
Enhancement Act''.
SEC. 2. BROWNFIELDS ECONOMIC DEVELOPMENT INITIATIVE.
Title I of the Housing and Community Development Act of 1974 (42
U.S.C. 5301 et seq.) is amended by adding at the end the following new
section:
``SEC. 123. BROWNFIELDS ECONOMIC DEVELOPMENT INITIATIVE.
``(a) In General.--The Secretary may make grants under this
section, on a competitive basis as specified in section 102 of the
Department of Housing and Urban Development Reform Act of 1989 (42
U.S.C. 3545), only to eligible public entities (as such term is defined
in section 108(o) of this title) for projects and activities to assist
the environmental cleanup and economic development of brownfield sites.
``(b) Applications.--Applications for assistance under this section
shall be in the form and in accordance with procedures as shall be
established by the Secretary.
``(c) Availability of Assistance.--The Secretary may not require,
for eligibility for a grant under this section, that such grant amounts
be used only in connection or conjunction with projects and activities
assisted with a loan guaranteed under section 108.
``(d) Selection Criteria and Leveraging.--The Secretary shall
establish criteria for awarding grants under this section, which may
include the extent to which the applicant has obtained other Federal,
State, local, or private funds for the projects and activities to be
assisted with grant amounts and such other criteria as the Secretary
considers appropriate.
``(e) Brownfield Site.--The Secretary shall, by regulation, define
the term `brownfield site' for purposes of this section. In
establishing such definition, the Secretary shall consult with other
appropriate Federal agencies to ensure that the efforts of the various
Federal agencies regarding environmental cleanup and economic
development of brownfield sites are complimentary, coordinated, and not
inconsistent.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section such sums as may be
necessary for each of fiscal years 2002, 2003, and 2004.''.
SEC. 3. CDBG LOAN GUARANTEES FOR LOANS FOR BROWNFIELDS REDEVELOPMENT
ACTIVITIES.
(a) Increase in Guarantee Limit.--Section 108(b) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5308(b)) is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2) Notes and other obligations that are guaranteed under this
section after the date of the enactment of the Brownfields
Redevelopment Enhancement Act shall not count for purposes of the
issuer's limitation under paragraph (1) to the extent that such notes
or obligations--
``(A) are issued for the purpose of financing projects,
activities, and costs described in subsection (a)(7); and
``(B) do not exceed an amount equal to 5 times the amount
of the grant approval for the issuer pursuant to section 106 or
107.''.
(b) Clarification of Brownfields Redevelopment as Eligible
Activity.--The first sentence of section 108(a) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5308(a)) is amended--
(1) by striking ``or'' before ``(6)''; and
(2) by inserting before the period at the end the
following: ``; or (7) projects and activities, and costs (as
defined by the Secretary) thereof, to assist the environmental
cleanup and economic development of brownfield sites (as such
term is defined in section 123(e))''.
SEC. 4. IMPLEMENTATION OF COMMUNITY EMPOWERMENT FUND PILOT PROGRAM.
Section 108(q) of the Housing and Community Development Act of 1974
(42 U.S.C. 5308(q)) is amended by adding at the end the following new
paragraph:
``(5) Community empowerment fund pilot program.--
``(A) Implementation.--The Secretary shall
implement the Community Empowerment Fund Pilot program
by reissuing the Notice of Funding Availability (NOFA)
for the Economic Development Initiative (EDI) Community
Empowerment Fund (CEF) Pilot, Department of Housing and
Urban Development, published in the Federal Register of
June 30, 2000 (Vol. 65, No. 127, p. 40836). In
reissuing such notice of funding availability, the
Secretary shall consider revisions that will improve
the utilization of the CEF pilot program for
brownfields redevelopment purposes.
``(B) Funding.--Any amounts made available for
grants under this subsection shall be available for
carrying out the Community Empowerment Fund Pilot
program referred in subparagraph (A).''.
SEC. 5. HUD BROWNFIELDS STUDY.
(a) In General.--The Secretary of Housing and Urban Development
shall conduct a study to review the activities of the Federal
Government relating to redevelopment of brownfields. Under the study,
the Secretary shall--
(1) determine the extent and scope of the redevelopment
problems in the United States caused by the existence of
brownfields;
(2) identify existing sources of support and assistance for
redevelopment of brownfields and analyze and evaluate the
strengths and weaknesses of existing sources of support;
(3) identify Federal and State technical assistance for
redevelopment of brownfields and any shortages or gaps in such
assistance;
(4) identify problems in the existing policies and programs
for redevelopment of brownfields that suggest that new policies
and programs would be more effective or efficient in achieving
such redevelopment;
(5) recommend new policies and programs to redevelop
brownfields in a more effective and efficient manner; and
(6) identify the circumstances under which former
brownfields sites could safely and appropriately be used for
residential purposes and specify criteria, standards, and
guidelines for redevelopment for such use.
(b) Report.--Not later than 9 months after the date of the
enactment of this Act, the Secretary of Housing and Urban Development
shall submit to the Congress a report describing the study and the
results of the study, which shall include the information and
recommendations required under subsection (a).
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