S. 347

119th CONGRESS 1st Session

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to reauthorize brownfields revitalization funding, and for other purposes.

IN THE SENATE OF THE UNITED STATES · January 30, 2025 · Sponsor: Mrs. Capito · Committee: Committee on Environment and Public Works

Table of contents

• S. 347
  • SEC. 1. Short title
  • SEC. 2. Improving small and disadvantaged community access to grant opportunities
  • SEC. 3. Increasing grant amounts
  • SEC. 4. State response programs
  • SEC. 5. Report to identify opportunities to streamline application process; updating guidance
  • SEC. 6. Brownfield revitalization funding for Alaska Native tribes

SEC. 1. Short title

• This Act may be cited as the Brownfields Reauthorization Act of 2025.

SEC. 2. Improving small and disadvantaged community access to grant opportunities

• Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 () is amended— 42 U.S.C. 9604(k)
  • in paragraph (1)(I), by inserting after ;
  • in paragraph (5)(E)(i), by striking ;
    • (ix) The extent to which the applicant has a plan—
    • to engage a diverse set of local groups and organizations that effectively represent the views of the local community that will be directly affected by the proposed brownfield project; and
    • to meaningfully involve the local community described in subclause (I) in making decisions relating to the proposed brownfield project.
  • in paragraph (6)(C), by striking clause (ix) and inserting the following:
  • in paragraph (10)(B)(iii)—
    • by striking 20 percentand inserting 10 percent;
    • by inserting after ; and
    • by inserting before ; and
  • in paragraph (13), by striking 2019 through 2023and inserting 2025 through 2030.

SEC. 3. Increasing grant amounts

• Section 104(k)(3)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 () is amended by striking $500,000and all that follows through the period at the end and inserting inserting,000,000 for each site to be remediated. 42 U.S.C. 9604(k)(3)(A)(ii)

SEC. 4. State response programs

• Section 128(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 () is amended— 42 U.S.C. 9628(a)
  • in paragraph (1)(B)(i), by striking or enhanceand inserting , enhance, or implement; and
  • by striking paragraph (3) and inserting the following:
    • (3) Authorization of appropriations
      • There are authorized to be appropriated to carry out this subsection—
        • $50,000,000 for fiscal year 2025;
        • $55,000,000 for fiscal year 2026;
        • $60,000,000 for fiscal year 2027;
        • $65,000,000 for fiscal year 2028;
        • $70,000,000 for fiscal year 2029; and
        • $75,000,000 for fiscal year 2030.

SEC. 5. Report to identify opportunities to streamline application process; updating guidance

• (a) Report
  • Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the ) shall submit to Congress a report that evaluates the application ranking criteria and approval process for grants and loans under section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (), which shall include, with respect to those grants and loans— Administrator 42 U.S.C. 9604(k)
  • Report
    • an evaluation of the shortcomings in the existing application requirements that are a recurring source of confusion for potential recipients of those grants or loans;
    • an identification of the most common sources of point deductions on application reviews;
    • strategies to incentivize the submission of applications from small communities and disadvantaged areas (as those terms are defined in section 128(a)(1)(B)(iv) of that Act (); and 42 U.S.C. 9628(a)(1)(B)(iv)
    • recommendations, if any, to Congress on suggested legislative changes to the ranking criteria that would achieve the goal of streamlining the application process for small communities and disadvantaged areas (as so defined).
• (b) Updating guidance
  • Not later than 1 year after the date of enactment of this Act, the Administrator shall update the guidance relating to the application ranking criteria and approval process for grants and loans under section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 () to reduce the complexity of the application process while ensuring competitive integrity. 42 U.S.C. 9604(k)

SEC. 6. Brownfield revitalization funding for Alaska Native tribes

• Section 104(k)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 () is amended— 42 U.S.C. 9604(k)(1)
  • in subparagraph (G), by striking ; and
    • a Regional Corporation or a Village Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act ()); 43 U.S.C. 1602
  • by striking subparagraph (H) and inserting the following: