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CC - Item 3.B - Brownfields Revitalization And Environments Restoration Actstaf epor TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: G. TRIPEPI, CITY MANAGER DATE: JUNE 11, 2000 RE: RESOLUTION NO. 2000-39 - - SUPPORTING S. 2700 (CHAFEE-R.1.) - BROWNFIELDS REVITALIZATION AND ENVIRONMENT RESTORATION ACT Attached for the City Council's review are copies of S. 2700, bill summary and status report, and letters from the U.S. Conference of Mayors and members of the U.S. Senate Committee on Environment and Public Works requesting support for S. 2700, a brownfields legislative package. This bipartisan bill was developed by Senators Lincoln Chafee, (R-RI), Frank Lautenberg (D-NJ), Bob Smith (R-NH), and Max Baucus (D-MT) and is endorsed by a broad range of associations and interest groups including the U.S. Conference of Mayors, the Trust for Public Land, the National Association of Realtors, and the Real Estate Roundtable. Specifically, the bill: • Provides $150 million annually in funding resources to cities for brownfields assessments and clean-ups • Reforms current federal liability rules to protect innocent third party landowners • Clarifies the role of the federal Environmental Protection Agency and the states over brownfields clean-ups. The bill is narrowly crafted to target problems encountered principally at brownfields sites. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2000-39 supporting 5.2700 (Chafee). COUNCIL µ..G D J U L 112000 ITEM Nlo.. B RESOLUTION NO. 2000 - 39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD SUPPORTING U.S. SENATE BILL S. 2700, BROWNFIELDS REVITALIZATION AND ENVIRONMENT RESTORATION ACT WHEREAS, the nation's cities have pressed for bipartisan Congressional initiatives to help communities recycle the many thousands of brownfield sites throughout this country; and WHEREAS, among the legislative elements of a broader federal response to the national problem of the persistence and pervasiveness of brownfields in cities, towns, and counties has been a call for increased funding commitments to cities for the assessment and cleanup of these sites; and WHEREAS, cities have also identified liability reforms, providing protection for innocent parties, both public and private entities, in their efforts to recycle these sites; and WHEREAS, cities have also sought further clarification in the relationship between the U.S. Environmental Protection Agency and the states in decisions and other actions regarding the clean-up and redevelopment of these sites; and WHEREAS, key leaders in the Senate, led by Senators Lincoln Chafee, Frank Lautenberg, Robert Smith and Max Baucus, recently introduced a bipartisan legislative proposal, S. 2700, the "Brownrields Revitalization and Environmental Restoration Act," which substantively deals with these key concerns. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rosemead supports S. 2700, the "Brownfields Revitalization and Environmental Restoration Act," and urges the Senate to move forward promptly on this bipartisan initiative to help ensure that final Congressional action occurs this year on a brownfields reform package. MAYOR CITY CLERK Bill Summary & Status for the 106th Congress NEW SEARCH I HOME I HELP Sponsor: Sen Chafee, Lincoln D. (introduced 6/8/2000) Latest Major Action: 6/29/2000 Senate committee/subcommittee actions 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. Jump to: Titles, Status, Committees, Related Bill Details, Amendments, Cosponsors, Summary TITLE(S): (italics indicate a title for a portion of a bill) SHORT TITLE(S) AS INTRODUCED: Brownfields Revitalization and Environmental Restoration Act of 2000 OFFICIAL TITLE AS INTRODUCED: 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. STATUS: (color indicates Senate actions) 6/8/2000: Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR 54835-4840) 6/29/2000: Committee on Environment and Public Works Subcommittee on Superfund, Waste Control, and Risk Assessment. Hearings held. COMMITTEE(S): Committee/Subcommittee: Activity: Senate Environment and Public Works Referral RELATED BILL DETAILS: ***NONE*** AMENDMENT(S): ***NONE*** COSPONSORS(39), ALPHABETICAL [followed by Cosponsors withdrawn]: (Sort: by date) Sen Akaka. Daniel K. - 6/28/2000 Sen Breaux. John B. - 6/28/2000 Sen Bryan, Richard H. - 6/28/2000 Sen Collins, Susan M. - 6/28/2000 Sen DeWine, Michael - 6/28/2000 Sen Edwards, John - 6/28/2000 Sen Gorton, Slade - 6/28/2000 Sen Baucus, Max - 6/8/2000 Sen Brownback, Sam - 6/28/2000 Sen Cleland, Max - 6/28/2000 Sen Daschle, Thomas A. - 6/29/2000 Sen Dodd, Christopher J. - 6/28/2000 Sen Feinstein, Dianne - 6/28/2000 Sen Graham, Bob - 6/28/2000 Sen Grams, Rod - 6/28/2000 Sen Grassley, Charles E. - 6/28/2000 Sen Harkin, Tom - 6/28/2000 Sen Helms, Jesse - 6/28/2000 Sen Hutchinson, Y. Tim - 6/28/2000 Sen Jeffords, James M. - 6/28/2000 Sen Kennedy, Edward M. - 6/28/2000Sen Kerrey, J. Robert - 6/28/2000 Sen Kerry, John F. - 6/29/2000 Sen Lautenberg, Frank R. - 6/8/2000 Sen Leahv. Patrick J. - 6/28/2000 Sen Levin, Carl - 6/28/2000 Sen Lieberman, Joseph I. - 6/28/2000 Sen Mack, Connie - 6/28/2000 Sen Mikulski, Barbara A. - 6/28/2000 Sen Moynihan, Daniel Patrick - 6/28/2000 Sen Reid, Harry M. - 6/28/2000 Sen Robb, Charles S. - 6/28/2000 Sen Sarbanes, Paul S. - 6/28/2000 Sen Schumer, Charles E. - 6/28/2000 Sen Smith, Bob - 6/8/2000 Sen Smith, Gordon - 6/28/2000 Sen Snowe, Olympia J. - 6/28/2000 Sen Warner, John W. - 6/28/2000 Sen Wyden, Ron - 6/28/2000 SUMMARY: ***NONE*** S 2700 IS 106th CONGRESS 2d Session S.2700 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. IN THE SENATE OF THE UNITED STATES June 8, 2000 Mr. L. CHAFEE (for himself, Mr. LAUTENBERG, Mr. SMITH of New Hampshire, and Mr. BAUCUS) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 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. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE- This Act may be cited as the 'Brownfields Revitalization and Environmental Restoration Act of 2000'. (b) TABLE OF CONTENTS- The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--BROWNFIELDS REVITALIZATION FUNDING Sec. 101. Brownfields revitalization funding. TITLE II--BROWNFIELDS LIABILITY CLARIFICATIONS Sec. 201. Contiguous properties. Sec. 202. Prospective purchasers and windfall liens. Sec. 20 3. Innocent landowners. TITLE III--STATE RESPONSE PROGRAMS Sec. 301. State response programs. Sec. 302. Additions to National Priorities List. TITLE I--BROWNFIELDS REVITALIZATION FUNDING SEC. 101. BROWNFIELDS REVITALIZATION FUNDING. (a) DEFINITION OF BROWNFIELD SITE-_ Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) is amended by adding at the end the following: (39) BROWNFIELD SITE- '(A) IN GENERAL- The term 'brownfield site' means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. (B) EXCLUSIONS- The term 'brownfield site' does not include- (i) a facility that is the subject of a planned or ongoing removal action under this title; (ii) a facility that is listed on the National Priorities List or is proposed for listing; '(iii) a facility that is the subject of a unilateral administrative order, a court order, an administrative order on consent or judicial consent decree that has been issued to or entered into by the parties under this Act; '(iv) a facility that is the subject of a unilateral administrative order, a court order, an administrative order on consent or judicial consent decree that has been issued to or entered into by the parties, or a facility to which a permit has been issued by the United States or an authorized State under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1321), the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), or the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (v) a facility that-- '(I) is subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 6924(u), 6928(h)); and '(11) to which a corrective action permit or order has been issued or modified to require the implementation of corrective measures; (vi) a land disposal unit with respect to which-- '(I) a closure notification under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) has been submitted; and (II) closure requirements have been specified in a closure plan or permit; '(vii) a facility that is subject to the jurisdiction, custody, or control of a department, agency, or instrumentality of the United States, except for land held in trust by the United States for an Indian tribe; (viii) a portion of a facility-- (I) at which there has been a release of polychlorinated biphenyls; and '(II) that is subject to remediation under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); or '(ix) a portion of a facility, for which portion, assistance for response activity has been obtained under subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fund established under section 9508 of the Internal Revenue Code of 1986. '(C) SITE-BY-SITE DETERMINATIONS- Notwithstanding subparagraph (B) and on a site-by-site basis, the President may authorize financial assistance under section 128 to an eligible entity at a site included in clause (i), (iv), (v), (vi), (viii), or (ix) of subparagraph (B) if the President finds that financial assistance will protect human health and the environment, and either promote economic development or enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other property used for nonprofit purposes. '(D) ADDITIONAL AREAS- For the purposes of section 128, the term'brownfield site' includes-- '(i) a site that is contaminated by a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); and (ii) mine-scarred land.'. (b) BROWNFIELDS REVITALIZATION FUNDING- Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding at the end the following: SEC. 128. BROWNFIELDS REVITALIZATION FUNDING. (a) DEFINITION OF ELIGIBLE ENTITY- In this section, the term 'eligible entity' means-- (1) a general purpose unit of local government; '(2) a land clearance authority or other quasi-governmental entity that operates under the supervision and control of or as an agent of a general purpose unit of local government; (3) a government entity created by a State legislature; (4) a regional council or group of general purpose units of local government; (5) a redevelopment agency that is chartered or otherwise sanctioned by a State; (6) a State; or (7) an Indian Tribe. (b) BROWNFIELD SITE CHARACTERIZATION AND ASSESSMENT GRANT PROGRAM- (1) ESTABLISHMENT OF PROGRAM- The Administrator shall establish a program to-- '(A) provide grants to inventory, characterize, assess, and conduct planning related to brownfield sites under paragraph (2); and (B) perform targeted site assessments at brownfield sites. (2) ASSISTANCE FOR SITE CHARACTERIZATION AND ASSESSMENT- '(A) IN GENERAL- On approval of an application made by an eligible entity, the Administrator may make a grant to the eligible entity to be used for programs to inventory, characterize, assess, and conduct planning related to 1 or more brownfield sites. '(B) SITE CHARACTERIZATION AND ASSESSMENT- A site characterization and assessment carried out with the use of a grant under subparagraph (A) shall be performed in accordance with section 101(35)(B). (c) GRANTS AND LOANS FOR BROWNFIELD REMEDIATION- '(1) GRANTS PROVIDED BY THE PRESIDENT- Subject to subsections (d) and (e), the President shall establish a program to provide grants to-- (A) eligible entities, to be used for capitalization of revolving loan funds; and '(B) eligible entities or nonprofit organizations, where warranted, as determined by the President based on considerations under paragraph (3), to be used directly for remediation of 1 or more brownfield sites that is owned by the entity or organization that receives the grant and in amounts not to exceed $200,000 for each site to be remediated. '(2) LOANS AND GRANTS PROVIDED BY ELIGIBLE ENTITIES- An eligible entity that receives a grant under paragraph (1)(A) shall use the grant funds to provide assistance for the remediation of brownfield sites in the form of-- '(A) 1 or more loans to an eligible entity, a site owner, a site developer, or another person; or '(B) I or more grants to an eligible entity or other nonprofit organization, where warranted, as determined by the eligible entity that is providing the assistance, based on considerations under paragraph (3), to remediate sites owned by the eligible entity or nonprofit organization that receives the grant. '(3) CONSIDERATIONS- In determining whether a grant under paragraph (1)(B) or (2)(B) is warranted, the President or the eligible entity, as the case may be, shall take into consideration-- '(A) the extent to which a grant will facilitate the creation of, preservation of, or addition to a park, a greenway, undeveloped property, recreational property, or other property used for nonprofit purposes; '(B) the extent to which a grant will meet the needs of a community that has an inability to draw on other sources of funding for environmental remediation and subsequent redevelopment of the area in which a brownfield site is located because of the small population or low income of the community; '(C) the extent to which a grant will facilitate the use or reuse of existing infrastructure; '(D) the benefit of promoting the long-term availability of funds from a revolving loan fund for brownfield remediation; and '(E) such other factors as the Administrator considers appropriate to consider for the purposes of this section. '(4) COMPLIANCE WITH APPLICABLE LAWS- An eligible entity that provides assistance under paragraph (2) shall include in all loan and grant agreements a requirement that the loan or grant recipient shall comply with all laws applicable to the cleanup for which grant funds will be used and ensure that the cleanup protects human health and the environment. '(5) TRANSITION- Revolving loan funds that have been established before the date of enactment of this section may be used in accordance with this subsection. (d) GENERAL PROVISIONS- (1) MAXIMUM GRANT AMOUNT- '(A) BROWNFIELD SITE CHARACTERIZATION AND ASSESSMENT- (i) IN GENERAL- A grant under subsection (b)-- (I) may be awarded to an eligible entity on a community-wide or site-by-site basis; and (1I) shall not exceed, for any individual brownfield site covered by the grant, $200,000. '(ii) WAIVER- The Administrator may waive the $200,000 limitation under clause (i)(II) to permit the brownfield site to receive a grant of not to exceed $350,000, based on the anticipated level of contamination, size, or status of ownership of the site. (B) BROWNFIELD REMEDIATION- '(i) GRANT AMOUNT- A grant under subsection (c)(1)(A) may be awarded to an eligible entity on a community-wide or site-by-site basis, not to exceed $1,000,000 per eligible entity. '(ii) ADDITIONAL GRANT AMOUNT- The Administrator may make an additional grant to an eligible entity described in clause (i) for any year after the year for which the initial grant is made, taking into consideration-- '(I) the number of sites and number of communities that are addressed by the revolving loan fund; '(II) the demand for funding by eligible entities that have not previously received a grant under this section; '(III) the demonstrated ability of the eligible entity to use the revolving loan fund to enhance remediation and provide funds on a continuing basis; and (IV) any other factors that the Administrator considers appropriate to carry out this section. '(2) PROHIBITION- (A) IN GENERAL- No part of a grant or loan under this section may be used for the payment of-- ' (i) a penalty or fine; (ii) a Federal cost-share requirement; '(iii) an administrative cost; '(iv) a response cost at a brownfield site for which the recipient of the grant or loan is potentially liable under section 107; or (v) a cost of compliance with any Federal law (including a Federal law specified in section 10 1(39)(B)). '(B) EXCLUSIONS- For the purposes of subparagraph (A)(iii), the term 'administrative cost' does not include the cost of-- (i) investigation and identification of the extent of contamination; '(ii) design and performance of a response action; or (iii) monitoring of a natural resource. '(3) ASSISTANCE FOR DEVELOPMENT OF LOCAL GOVERNMENT SITE REMEDIATION PROGRAMS- A local government that receives a grant under this section may use not to exceed 10 percent of the grant funds to develop and implement a brownfields program that may include- '(A) monitoring the health of populations exposed to 1 or more hazardous substances from a brownfield site; and '(B) monitoring and enforcement of any institutional control used to prevent human exposure to anv hazardous substance from a browntield site. (e) GRANT APPLICATIONS- (1) SUBMISSION- '(A) IN GENERAL- '(i) APPLICATION- An eligible entity may submit to the Administrator, through a regional office of the Environmental Protection Agency and in such form as the Administrator may require, an application for a grant under this section for 1 or more browntield sites (including information on the criteria used by the Administrator to rank applications under paragraph (3), to the extent that the information is available). '(ii) NCP REQUIREMENTS- The Administrator may include in any requirement for submission of an application under clause (i) a requirement of the National Contingency Plan only to the extent that the requirement is relevant and appropriate to the program under this section. '(B) COORDINATION- The Administrator shall coordinate with other Federal agencies to assist in making eligible entities aware of other available Federal resources. '(C) GUIDANCE- The Administrator shall publish guidance to assist eligible entities in applying for grants under this section. '(2) APPROVAL- The Administrator shall-- '(A) complete an annual review of applications for grants that are received from eligible entities under this section; and '(B) award grants under this section to eligible entities that the Administrator determines have the highest rankings under the ranking criteria established under paragraph (3). '(3) RANKING CRITERIA-The Administrator shall establish a system for ranking grant applications received under this subsection that includes the following criteria: '(A) The extent to which a grant will stimulate the availability of other funds for environmental assessment or remediation, and subsequent reuse, of an area in which l or more brownfield sites are located. '(B) The potential of the proposed project or the development plan for an area in which 1 or more brownfield sites are located to stimulate economic development of the area on completion of the cleanup. '(C) The extent to which a grant would address or facilitate the identification and reduction of threats to human health and the environment. '(D) The extent to which a grant would facilitate the use or reuse of existing infrastructure. '(E) The extent to which a grant would facilitate the creation of, preservation of, or addition to a park, a greenway, undeveloped property, recreational property, or other property used for nonprofit purposes. '(F) The extent to which a grant would meet the needs of a community that has an inability to draw on other sources of funding for environmental remediation and subsequent redevelopment of the area in which a brownfield site is located because of the small population or low income of the community. '(G) The extent to which the applicant is eligible for funding from other sources. '(H) The extent to which a grant will further the fair distribution of funding between urban and nonurban areas. '(I) The extent to which the grant provides for involvement of the local community in the process of making decisions relating to cleanup and future use of a brownfield site. (f) IMPLEMENTATION OF BROWNFIELDS PROGRAMS- '(1) ESTABLISHMENT OF PROGRAM- The Administrator may provide, or fund eligible entities to provide, training, research, and technical assistance to individuals and organizations, as appropriate, to facilitate the inventory of brownfield sites, site assessments, remediation of brownfield sites, community involvement, or site preparation. '(2) FUNDING RESTRICTIONS- The total Federal funds to be expended by the Administrator under this subsection shall not exceed 15 percent of the total amount appropriated to carry out this section in any fiscal year. (g) AUDITS- '(1) IN GENERAL- The Inspector General of the Environmental Protection Agency shall conduct such reviews or audits of grants and loans under this section as the Inspector General considers necessary to carry out this section. '(2) PROCEDURE- An audit under this paragraph shall be conducted in accordance with the auditing procedures of the General Accounting Office, including chapter 75 of title 31, United States Code. '(3) VIOLATIONS- If the Administrator determines that a person that receives a grant or loan under this section has violated or is in violation of a condition of the grant, loan, or applicable Federal law, the Administrator may-- (A) terminate the grant or loan; (B) require the person to repay any funds received; and (C) seek any other legal remedies available to the Administrator. '(h) LEVERAGING- An eligible entity that receives a grant under this section may use the grant funds for a portion of a project at a brownfield site for which funding is received from other sources if the grant finds are used only for the purposes described in subsection (b) or (c). (i) AGREEMENTS- Each grant or loan made under this section shall be subject to an agreement that-- (1) requires the recipient to comply with all applicable Federal and State laws; '(2) requires that the recipient use the grant or loan exclusively for purposes specified in subsection (b) or (c), as applicable; '(3) in the case of an application by an eligible entity under subsection (c)(1), requires the eligible entity to pay a matching share (which may be in the form of a contribution of labor, material, or services) of at least 20 percent, from non-Federal sources of funding, unless the Administrator determines that the matching share would place an undue hardship on the eligible entity; and '(4) contains such other terms and conditions as the Administrator determines to be necessary to carry out this section. '(j) FACILITY OTHER THAN BROWNFIELD SITE- The fact that a facility may not be a brownfeld site within the meaning of section 101(39)(A) has no effect on the eligibility of the facility for assistance under any other provision of Federal law. '(k) FUNDING- There is authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2001 through 2005.'. TITLE II--BROWNFIELDS LIABILITY CLARIFICATIONS SEC. 201. CONTIGUOUS PROPERTIES. Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is amended by adding at the end the following: (o) CONTIGUOUS PROPERTIES- '(1) NOT CONSIDERED TO BE AN OWNER OR OPERATOR- '(A) IN GENERAL- A person that owns real property that is contiguous to or otherwise similarly situated with respect to, and that is or may be contaminated by a release or threatened release of a hazardous substance from, real property that is not owned by that person shall not be considered to be an owner or operator of a vessel or facility under paragraph (1) or (2) of subsection (a) solely by reason of the contamination if-- (i) the person did not cause, contribute, or consent to the release or threatened release; (ii) the person is not-- '(I) potentially liable, or affiliated with any other person that is potentially liable, for response costs at a facility through any direct or indirect familial relationship or any contractual, corporate, or financial relationship (other than a contractual, corporate, or financial relationship that is created by a contract for the sale of goods or services); or (II) the result of a reorganization of a business entity that was potentially liable; '(iii) the person takes reasonable steps to-- (I) stop any continuing release; '(II) prevent any threatened future release; and '(III) prevent or limit human, environmental, or natural resource exposure to any hazardous substance released on or from property owned by that person; '(iv) the person provides full cooperation, assistance, and access to persons that are authorized to conduct response actions or natural resource restoration at the vessel or facility from which there has been a release or threatened release (including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action at the vessel or facility); (v) the person-- '(I) is in compliance with any land use restrictions established or relied on in connection with the response action at a facility; and '(II) does not impede the effectiveness or integrity of any institutional control employed in connection with a response action; '(vi) the person is in compliance with any request for information or administrative subpoena issued by the President under this Act; '(vii) the person provides all legally required notices with respect to the discovery or release of any hazardous substances at the facility; and (viii) at the time at which the person acquired the property, the person-- '(I) conducted all appropriate inquiry within the meaning of section 101(35)(B) with respect to the property; and '(II) did not know or have reason to know that the property was or could be contaminated by a release or threatened release of l or more hazardous substances from other real property not owned or operated by the person. '(B) DEMONSTRATION- To qualify as a person described in subparagraph (A), a person must establish by a preponderance of the evidence that the conditions in clauses (i) through (viii) of subparagraph (A) have been met. '(C) BONA FIDE PROSPECTIVE PURCHASER- Any person that does not qualify as a person described in this paragraph because the person had knowledge specified in subparagraph (A)(viii) at the time of acquisition of the real property may qualify as a bona fide prospective purchaser under section 101(40) if the person is otherwise described in that section. '(D) GROUND WATER- If a hazardous substance from I or more sources that are not on the property of a person enters ground water beneath the property of the person solely as a result of subsurface migration in an aquifer, subparagraph (A)(iii) shall not require the person to conduct ground water investigations or to install ground water remediation systems, except in accordance with the policy of the Environmental Protection Agency concerning owners of property containing contaminated aquifers, dated Nlay 24, 1995. (2) EFFECT OF LAW- With respect to a person described in this subsection, nothing in this subsection-- '(A) limits any defense to liability that may be available to the person under any other provision of law; or (B) imposes liability on the person that is not otherwise imposed by subsection (a). (3) ASSURANCES- The Administrator may-- '(A) issue an assurance that no enforcement action under this Act will be initiated against a person described in paragraph (I); and '(B) grant a person described in paragraph (1) protection against a cost recovery or contribution action under section 113(t).'. SEC. 202. PROSPECTIVE PURCHASERS AND WINDFALL LIENS. (a) DEFINITION OF BONA FIDE PROSPECTIVE PURCHASER- Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) (as amended by section 101(a)) is amended by adding at the end the following: '(40) BONA FIDE PROSPECTIVE PURCHASER- The term 'bona fide prospective purchaser' means a person (or a tenant of a person) that acquires ownership of a facility after the date of enactment of this paragraph and that establishes each of the following by a preponderance of the evidence: '(A) DISPOSAL PRIOR TO ACQUISITION- All disposal of hazardous substances at the facility occurred before the person acquired the facility. '(B) INQUIRIES- '(i) IN GENERAL- The person made all appropriate inquiries into the previous ownership and uses of the facility in accordance with generally accepted good commercial and customary standards and practices in accordance with clauses (ii) and (iii). '(ii) STANDARDS AND PRACTICES- The standards and practices referred to in clauses (ii) and (iv) of paragraph (35)(B) shall be considered to satisfy the requirements of this subparagraph. '(iii) RESIDENTIAL USE- In the case of property in residential or other similar.use at the time of purchase by a nongovernmental or noncommercial entity, a facility inspection and title search that reveal no basis for further investigation shall be considered to satisfy the requirements of this subparagraph. '(C) NOTICES- The person provides all legally required notices with respect to the discovery or release of any hazardous substances at the facility. '(D) CARE- The person exercises appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to-- '(i) stop any continuing release; (ii) prevent any threatened future release; and '(iii) prevent or limit human, environmental, or natural resource exposure to any previously released hazardous substance. '(E) COOPERATION, ASSISTANCE, AND ACCESS- The person provides full cooperation, assistance, and access to persons that are authorized to conduct response actions at a vessel or facility (including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response actions at the vessel or facility). (F) INSTITUTIONAL CONTROL- The person-- '(i) is in compliance with any land use restrictions established or relied on in connection with the response action at a vessel or facility; and '(ii) does not impede the effectiveness or integrity of any institutional control employed at the vessel or facility in connection with a response action. '(G) REQUESTS; SUBPOENAS- The person complies with any request for information or administrative subpoena issued by the President under this Act. (H) NO AFFILIATION- The person is not-- '(i) potentially liable, or affiliated with any other person that is potentially liable, for response costs at a facility through-- (I) any direct or indirect familial relationship; or '(II) any contractual, corporate, or financial relationship (other than a contractual, corporate, or financial relationship that is created by the instruments by which title to the facility is conveyed or financed or by a contract for the sale of goods or services); or (ii) the result of a reorganization of a business entity that was potentially liable.'. (b) PROSPECTIVE PURCHASER AND WINDFALL LIEN- Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) (as amended by section 201) is amended by adding at the end the following: (p) PROSPECTIVE PURCHASER AND WINDFALL LIEN- '(1) LIMITATION ON LIABILITY- Notwithstanding subsection (a)(1), a bona fide prospective purchaser whose potential liability for a release or threatened release is based solely on the purchaser's being considered to be an owner or operator of a facility shall not be liable as long as the bona fide prospective purchaser does not impede the performance of a response action or natural resource restoration. '(2) LIEN- If there are unrecovered response costs incurred by the United States at a facility for which an owner of the facility is not liable by reason of paragraph (1), and if each of the conditions described in paragraph (3) is met, the United States shall have a lien on the facility, or may by agreement with the party obtain from an appropriate party a lien on any other property or other assurance of payment satisfactory to the Administrator, for the unrecovered response costs. (3) CONDITIONS- The conditions referred to in paragraph (2) are the following: '(A) RESPONSE ACTION- A response action for which there are unrecovered costs of the United States is carried out at the facility. '(B) FAIR MARKET VALUE- The response action increases the fair market value of the facility above the fair market value of the facility that existed before the response action was initiated. '(4) AMOUNT; DURATION- A lien under paragraph (2)-- '(A) shall be in an amount not to exceed the increase in fair market value of the property attributable to the response action at the time of a sale or other disposition of the property; '(B) shall arise at the time at which costs are first incurred by the United States with respect to a response action at the facility; '(C) shall be subject to the requirements of subsection (1)(3); and '(D) shall continue until the earlier of-- (i) satisfaction of the lien by sale or other means; or '(ii) notwithstanding any statute of limitations under section 113, recovery of all response costs incurred at the facility.'. SEC. 203. INNOCENT LANDOWNERS. Section 101(35) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(35)) is amended-- (1) in subparagraph (A)-- (A) in the first sentence, in the matter preceding clause (i), by striking 'deeds or' and inserting 'deeds, easements, leases, or'; and (B) in the second sentence-- (i) by striking 'he' and inserting 'the defendant'; and (ii) by striking the period at the end and inserting provides full cooperation, assistance, and facility access to the persons that are authorized to conduct response actions at the facility (including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action at the facility), and is in cothe persons that are authorized to conduct response actions at the facility (including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action at the facility), and is in compliance w (2) by striking subparagraph (B) and inserting the following: (B) REASON TO KNOW- '(i) ALL APPROPRIATE INQUIRIES- To establish that the defendant had no reason to know of the matter described in subparagraph (A)(i), the defendant must demonstrate to a court that-- '(I) on or before the date on which the defendant acquired the facility, the defendant carried out all appropriate inquiries, as provided in clauses (ii) and (iv), into the previous ownership and uses of the facility in accordance with generally accepted good commercial and customary standards and practices; and (II) the defendant took reasonable steps to-- (aa) stop any continuing release; (bb) prevent any threatened future release; and '(cc) prevent or limit any human, environmental, or natural resource exposure to any previously released hazardous substance. '(ii) STANDARDS AND PRACTICES- Not later than 2 years after the date of enactment of the Brownfields Revitalization and Environmental Restoration Act of 2000, the Administrator shall by regulation establish standards and practices for the purpose of satisfying the requirement to carry out all appropriate inquiries under clause (i). '(iii) CRITERIA- In promulgating regulations that establish the standards and practices referred to in clause (ii), the Administrator shall include each of the following: (I) The results of an inquiry by an environmental professional. '(II) Interviews with past and present owners, operators, and occupants of the facility for the purpose of gathering information regarding the potential for contamination at the facility. '(111) Reviews of historical sources, such as chain of title documents, aerial photographs, building department records, and land use records, to determine previous uses and occupancies of the real property since the property was first developed. '(IV) Searches for recorded environmental cleanup liens against the facility that are filed under Federal. State, or local law. '(V) Reviews of Federal, State, and local government records, waste disposal records, underground storage tank records, and hazardous waste handling, generation, treatment, disposal, and spill records, concerning contamination at or near the facility. (VI) Visual inspections of the facility and of adjoining properties. (VII) Specialized knowledge or experience on the part of the defendant. '(VIII) The relationship of the purchase price to the value of the property, if the property was not contaminated. (1X) Commonly known or reasonably ascertainable information about the property. (X) The degree of obviousness of the presence or likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation. '(iv) INTERIM STANDARDS AND PRACTICES- '(I) PROPERTY PURCHASED BEFORE MAY 31, 1997- With respect to property purchased before May 31, 1997, in making a determination with respect to a defendant described of clause (i), a court shall take into account-- (aa) any specialized knowledge or experience on the part of the defendant; (bb) the relationship of the purchase price to the value of the property, if the property was not contaminated; (cc) commonly known or reasonably ascertainable information about the property; (dd) the obviousness of the presence or likely presence of contamination at the property; and (ee) the ability of the defendant to detect the contamination by appropriate inspection. '(11) PROPERTY PURCHASED ON OR AFTER MAY 31, 1997- With respect to property purchased on or after May 31, 1997, and until the Administrator promulgates the regulations described in clause (ii), the procedures of the American Society for Testing and Materials, including the document known as 'Standard E1 527-97, entitled 'Standard Practice for Environmental Site Assessment: Phase 1 Environmental Site Assessment Process', shall satisfy the requirements in clause (i). '(v) SITE INSPECTION AND TITLE SEARCH- In the case of property for residential use or other similar use purchased by a nongovernmental or noncommercial entity, a facility inspection and title search that reveal no basis for further investigation shall be considered to satisfy the requirements of this subparagraph.'. TITLE III--STATE RESPONSE PROGRAMS SEC. 301. STATE RESPONSE PROGRAMS. (a) DEFINITIONS- Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) (as amended by section 202) is amended by adding at the end the following: '(41) ELIGIBLE RESPONSE SITE- '(A) IN GENERAL- The term 'eligible response site' means a site that meets the definition of a brownfield site in subparagraphs (A) and (B) of paragraph (39), as modified by subparagraphs (B) and (C) of this paragraph. (B) INCLUSIONS- The term 'eligible response site' includes-- '(i) notwithstanding paragraph (39)(B)(ix), a portion of a facility, for which portion assistance for response activity has been obtained under subtitle I of the Solid Waste Disposal Act,(42 U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fund established under section 9508 of the Internal Revenue Code of 1986; or '(ii) a site for which, notwithstanding the exclusions provided in subparagraph (C) or paragraph (39)(B), the President determines, on a site-by-site basis and after consultation with the State, that limitations on enforcement under section 129 at sites specified in clause (iv), (v), (vi) or (viii) of paragraph (39)(B) would be appropriate and will-- (I) protect human health and the environment; and '(II) promote economic development or facilitate the creation of. preservation of, or addition to a park, a greenway, undeveloped property, recreational property, or other property used for nonprofit purposes. (C) EXCLUSIONS- The term 'eligible response site' does not include-- (i) a facility for which the President— (1) conducts or has conducted a remedial site investigation; and '(II) after consultation with the State, determines or has determined that the site qualifies for listing on the National Priorities List; unless the President has made a determination that no further Federal action will be taken; or '(ii) facilities that the President determines warrant particular consideration as identified by regulation, such as sites posing a threat to a sole-source drinking water aquifer or a sensitive ecosystem.'. (b) STATE RESPONSE PROGRAMS- Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq:) (as amended by section 101(b)) is amended by adding at the end the following: 'SEC. 129. STATE RESPONSE PROGRAMS. (a) ASSISTANCE TO STATES- (1) IN GENERAL- (A) STATES- The Administrator may award a grant to a State or Indian tribe that-- '(i) has a response program that includes each of the elements, or is taking reasonable steps to include each of the elements, listed in paragraph (2); or '(ii) is a party to a memorandum of agreement with the Administrator for voluntary response programs. (B) USE OF GRANTS BY STATES- '(i) IN GENERAL- A State or Indian tribe may use a grant under this subsection to establish or enhance the response program of the State or Indian tribe. '(ii) ADDITIONAL USES- In addition to the uses under clause (i), a State or Indian tribe may use a grant under this subsection to-- (I) capitalize a revolving loan fund for brownfield remediation under section 128(c); or '(II) develop a risk sharing pool, an indemnity pool, or insurance mechanism to provide financing for response actions under a State response program. '(2) ELEMENTS- The elements of a State or Indian tribe response program referred to in paragraph (1)(A)(i) are the following: (A) Timely survey and inventory of brownfield sites in the State. '(B) Oversight and enforcement authorities or other mechanisms, and resources, that are adequate to ensure that- (i) a response action will-- (I) protect human health and the environment; and '(II) be conducted in accordance with applicable Federal and State law; and '(ii) if the person conducting the response action fails to complete the necessary response activities, including operation and maintenance or long-term monitoring activities, the necessary response activities are completed. '(C) Mechanisms and resources to provide meaningful opportunities for public participation, including-- '(i) public access to documents that the State. Indian tribe, or party conducting the cleanup is relying on or developing in making cleanup decisions or conducting site activities; and '(ii) prior notice and opportunity for comment on proposed cleanup plans and site activities. '(D) Mechanisms for approval of a cleanup plan, and a requirement for verification by and certification or similar documentation from the State, an Indian tribe, or a licensed site professional to the person conducting a response action indicating that the response is complete. '(3) FUNDING- There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2001 through 2005. '(b) ENFORCEMENT IN CASES OF A RELEASE SUBJECT TO STATE PROGRAM- (1) ENFORCEMENT- '(A) IN GENERAL- Except as provided in subparagraph (B) and subject to subparagraph (C), in the case of an eligible response site at which-- ' (i) there is a release or threatened release of a hazardous substance, pollutant, or contaminant; and '(ii) a person is conducting or has completed a response action regarding the specific release that is addressed by the response action that is in compliance with the State program that specifically governs response actions for the protection of public health and the environment; the President may not use authority under this Act to take an administrative or judicial enforcement action under section 106(a) or to take ajudicial enforcement action to recover response costs under section 107(a) against the person regarding the specific release that is addressed by the response action. '(B) EXCEPTIONS- The President may bring an enforcement action under this Act during or after completion of a response action described in subparagraph (A) with respect to a release or threatened release at an eligible response site described in that subparagraph if-- (i) the State requests that the President provide assistance in the performance of a response action; '(ii) the Administrator determines that contamination has migrated or will migrate across a State line, resulting in the need for further response action to protect human health or the environment, or the President determines that contamination has migrated or is likely to migrate onto property subject to the jurisdiction, custody, or control of a department, agency, or instrumentality of the United States and may impact the authorized purposes of the Federal property; '(iii) after taking into consideration the response activities already taken, the Administrator determines that-- '(I) a release or threatened release may present an imminent and substantial endangerment to public health or welfare or the environment; and '(11) additional response actions are likely to be necessary to address, prevent, limit, or mitigate the release or threatened release; or '(iv) the Administrator determines that information, that on the earlier of the date on which cleanup was approved or completed, was not known by the State, as recorded in documents prepared or relied on in selecting or conducting the cleanup, has been discovered regarding the contamination or conditions at a facility such that the contamination or conditions at the facility present a threat requiring further remediation to protect public health or welfare or the environment. '(C) PUBLIC RECORD- The limitations on the authority of the President under subparagraph (A) apply only at sites in States that maintain, update not less than annually, and make available to the public a record of sites, by name and location, at which response actions have been completed in the previous year and are planned to be addressed under the State program that specifically governs response actions for the protection of public health and the environment in the upcoming year. The public record shall identify whether or not the site, on completion of the response action, will be suitable for unrestricted use and, if not, shall identify the institutional controls relied on in the remedy. Each State and tribe receiving financial assistance under subsection (a) shall maintain and make available to the public a record of sites as provided in this paragraph. (D) EPA NOTIFICATION- (i) IN GENERAL- In the case of an eligible response site at which there is a release or threatened release of a hazardous substance, pollutant, or contaminant and for which the Administrator intends to carry out an action that may be barred under subparagraph (A), the Administrator shall-- (I) notify the State of the action the Administrator intends to take; and (II)(aa) wait 48 hours for a reply from the State under clause (ii); or '(bb) if the State fails to reply to the notification or if the Administrator makes a determination under clause (iii), take immediate action under that clause. '(ii) STATE REPLY- Not later than 48 hours after a State receives notice from the Administrator under clause (i), the State shall notify the Administrator if-- '(I) the release at the eligible response site is or has been subject to a cleanup conducted under a State program; and (II) the State is planning to abate the release or threatened release, any actions that are planned. '(iii) IMMEDIATE FEDERAL ACTION- The Administrator may take action immediately after giving notification under clause (i) without waiting for a State reply under clause (ii) if the Administrator determines that I or more exceptions tinder subparagraph (B) are met. '(E) REPORT TO CONGRESS- Not later than 90 days after the date of initiation of any enforcement action by the President under clause (ii), (iii), or (iv) of subparagraph (B), the President shall submit to Congress a report describing the basis for the enforcement action, including specific references to the facts demonstrating that enforcement action is permitted under subparagraph (B). (2) SAVINGS PROVISION- '(A) COSTS INCURRED PRIOR TO LIMITATIONS- Nothing in paragraph (1) precludes the President from seeking to recover costs incurred prior to the date of enactment of this section or during a period in which the limitations of paragraph (1)(A) were not applicable. (B) EFFECT ON AGREEMENTS BETWEEN STATES AND EPA- Nothing in paragraph (1)-- ' (i) modifies or otherwise affects a memorandum of agreement, memorandum of understanding, or any similar agreement relating to this Act between a State agency or an Indian tribe and the Administrator that is in effect on or before the date of enactment of this section (which agreement shall remain in effect, subject to the terms of the agreement); or '(ii) limits the discretionary authority of the President to enter into or modify an agreement with a State, an Indian tribe, or any other person relating to the implementation by the President of statutory authorities. (3) EFFECTIVE DATE- This subsection applies only to response actions conducted after June 8, 2000. '(c) EFFECT ON FEDERAL LAWS- Nothing in this section affects any liability or response authority under any Federal law, including-- (1) this Act, except as provided in subsection (b); (2) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); (3) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (4) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); and (5) the Safe Drinking Water Act (42 U.S.C. 300f et seq.).'. SEC. 302. ADDITIONS TO NATIONAL PRIORITIES LIST. Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605) is amended by adding at the end the following: (h) NPL DEFERRAL- '(1) DEFERRAL TO STATE VOLUNTARY CLEANUPS- At the request of a State and subject to paragraphs (2) and (3), the President generally shall defer final listing of an eligible response site on the National Priorities List if the President determines that-- '(A) the State, or another party under an agreement with or order from the State, is conducting a response action at the eligible response site-- '(i) in compliance with a State program that specifically governs response actions for the protection of public health and the environment; and (ii) that will provide long-term protection of human health and the environment; or '(B) the State is actively pursuing an agreement to perform a response action described in subparagraph (A) at the site with a person that the State has reason to believe is capable of conducting a response action that meets the requirements of subparagraph (A). '(2) PROGRESS TOWARD CLEANUP- If, after the last day of the 1-year period beginning on thedate on which the President proposes to list an eligible response site on the National Priorities List, the President determines that the State or other party is not making reasonable progress toward completing a response action at the eligible response site, the President may list the eligible response site on the National Priorities List. '(3) CLEANUP AGREEMENTS- With respect to an eligible response site under paragraph (1)(B), if, after the last day of the 1-year period beginning on the date on which the President proposes to list the eligible response site on the National Priorities List, an agreement described in paragraph (1)(B) has not been reached, the President may defer the listing of the eligible response site on the National Priorities List for an additional period of not to, exceed 180 days if the President determines deferring the listing would be appropriate based on-- (A) the complexity of the site; (B) substantial progress made in negotiations; and (C) other appropriate factors, as determined by the President. '(4) EXCEPTIONS- The President may decline to defer; or elect to discontinue a deferral of, a listing of an eligible response site on the National Priorities List if the President determines that-- '(A) deferral would not be appropriate because the State, as an owner or operator or a significant contributor of hazardous substances to the facility, is a potentially responsible party; '(B) the criteria under the National Contingency Plan for issuance of a health advisory have been met; or '(C) the conditions in paragraphs (1) through (3), as applicable, are no longer being met.'. END Jun 22 2888 23:51:56 Via Fax 626 387 9218 Mayor Clark Page 881 Of BB9 THE UNITED STATES CONFERENCE OF MAYORS 1620 EYE STREET. NORI HWEST WASHINGTON. D C 20006 TELEPHONE (202) 293-7330 rAx (202) 293-2152 To: From. Date The Mayor J. Thomas CIectort o ~1 Executive Di ector ~ r~° y) S, too June 22, 2000 flo~ %A~~n r '01, Vo e Senate Bipartisan Brownfields Bill (S. 2700) T Please Contact Your Senators to Cosponsor This Legislation Just as we were gathering for our Seattle Annual Meeting, the bipartisan leadership of the Senate Environment and Public Works Committee introduced brownfields legislation, the "Brownfields Revitalization and Environmental Restoration Act of 2000" (S. 2700). This legislation provides resources to cities for brownfields assessments and cleanups ($150 mullion annually), reforms current federal liability rules to protect innocent third party landowners, and further clarifies the role of U.S. EPA and the states over brownfields cleanups. These are the key areas you have identified for legislation to help speed local efforts to cleanup and redevelop brownfields This bipartisan legislative package was developed by Senator Lincoln Chafee (RI), former Mayor of Warwick and currently the Chairman of the Senate Superfund Subcommittee, Senator Frank Lautenberg (Nf), Ranking Minority Member of the Superfund Subcommittee, Senator Bob Smith (NH), Chairman of the full Senate Environment and Public Works Committee, and Senator Max Baucus (MT), the Ranking Minority Member of the full Committee. These four Senators are now taking the lead in seeking cosponsors for S. 2700. I have enclosed a copy of their recent "Dear Colleague" urging other Senators to join with them in this bipartisan effort. At oar Seattle Meeting, the Conference Membership adopted a resolution supporting this legislation and urged mayors to contact their Senators to cosponsor S. 2700. We need to help our former Mayor and now Senator Lincoln Chafee, with his Senate Committee leadership, get as many Senate cosponsors as possible, and as quickly as possible, to help provide momentum to this bipartisan effort. The time has come for us to get some final resolution on our brownfields issues and get legislation enacted during this Congress- Your support is vital to this effort. Please take a moment and contact your Senators direct) to urge them to cosponsor this important legislation. Attachments two-page "Dear Colleague" and one-page USCM Resolution Jun 22 2800 23:52;38 Via Fax nOU vaCn .r[Y, nvnr4niPi. Cnn~flp..x ,Onn w.vnflNER vM4~n~n wm[~ w •nnaREac~.nr,.,,. cnn~a Tnu,w..s ..rG.in~; LnPifTO VnfRS QOnG .v 6Gufii i,KPGE v vOwaviCn Om0 AOSEAT I OEN+nE TT. SO uT.. RGBEPT 4.a lv. nuTC RKOn. TE,u~ unCOEn b...FcE RnOOE SuNO nr Bw~C~O. mOni•nw O•n~E~ PwTpiCk ~nOrnRn..n, NEw rOPP -R6R, Rn 0.E.D En O-G nfl+'~EPEEr 80, n "QM e cR.n ~O 0E u EEO", ERwn COhnEC'ICUi R 'O GufOPnu AQ rv wrOEN. OR ORKOrv ORVE[OnQ- [T. PUIFERCE ..Cm SLITER ~w~nOnill11n9:01AK OR 626 307 9218 Mayor Clark ""Hiteeotz ILL COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS NASMINGTON, QC 20510 175 June 12, 2000 Dear Colleague: Page OBZ Of 004 We are writing to urge you to support S. 2700, the Brownfi elds Revitaliizanon and Environmental Restoration Act of 2000. This is the first browafields bill with bipartisan support of the Chair and Ranking Member of the Environment and Public Works Committee and of the Subcommittee on Superfund, Waste Control and Risk Assessment. More importantly, communities in every state in the Nation would benefit from this bill. Already, it has been enthusiastically endorsed by the United States Conference of Mayors, the Trust for Public Land, the National Association of Realtors, and the Real Estate Roundtable. As a Nation, our industrial heritage has left us with numerous contaminated "brownfeld" sites that are abandoned or underutilized- Although the level of contamination at many of these sites is relatively low, and the potential value of the property may be quite high, developers often shy away from purchasing and developing these sites. Reasons for this include uncertainty regarding the extent of contamination, the extent of potential liability, and the potential costs of cleanup. The impacts of allowing brownfield properties to Jay idle and underutilized are significant. The contamination may present threats to human health and the envirorunent which, if not addressed, may become worse. In addition, undeveloped "greenfield" properties are often developed instead of browufields, contributing to sprawl and the loss of open space and farmland. On the other hand, reruediating brownfield properties can reduce human health and environmental threats, return abandoned or underutilized property to productive use, create or preserve open space, encourage job growth, increase the local tax base, curb urban sprawl - and improve the overall quality of life. S. 2700 was introduced on June 8, 2000 with these benefits in mind. The bill provides much needed funding to state, tribal, regional, and local governments for the assessment, characterization, and remediation of brownfield sites. And, the bill encourages the trartsfer and cleanup of contaminated sites by clarifying liability for contiguous landowners, prospective purchasers, and innocent landowners. These liability clarifications enjoy broad-based bi-partisan support, having been included in both Majority and Minority bills over the past several Congresses. Finally, the bill provides greater certainty to developers and parries conducting the cleanup that decisions under state programs will not be second-guessed. At the same rime, the bill allows the federal government to take action under limited circumstances to address any serious problems that may arise. PRwTEO On RlCIQ O r.Ptn ,Jun 2Z 2888 Z3:5320 Via FdX page two 626 307 9218 Mayor Clark Page 003 Of 004 This bill is narrowly crafted to target problems encountered principally at brownficlds sites. The approach taken in this bill is to encourage early action at these lesser contaminated sites, and prevent them from actually becoming Superfund sites in the future. in view of the narrow focus of this Brownfields bill, it is not an appropriate vehicle for Superfund amendments of broader applicability. We believe that the revitalization of brownfelds is a critical national issue. Lf you are interested in becoming a sponsor of this important legislation, please can Ted Michaels at 4-1049 or Lisa Haage 4-3388. Sincerely, Frank R. Lrautenberg Lincoln D. Chafee Max Baucus Bob Smith -.Jun ZZ 2888 23:53:43 Via Fax 626 307 9218 Mayor Clark Page 884 Of 004 SUPPORTING SENATE BIPARTISAN ACTION ON BROWNFIELDS LEGISLATION WHEREAS, the nation's mayors have pressed for bipartisan Congressional legislative initiatives to help communities recycle the many thousands of brownfield sites throughout this nation; and WHEREAS, among the legislative elements of a broader federal response to the national problem of the persistence and pervasiveness of brownfields in cities, towns and countics has been a call for increased funding commitments to cities for the assessment and cleanup of these sites; and WHEREAS, the mayors have also identified liability reforms, pruviding protection for innocent parties, both public and private entities, in their efforts to recycle these sites; and WHEREAS, the mayors have also sought further clarification in the relationship between the U.S. Environmental Protection Agency and the states in decisions and other actions regarding the clean-up and redevelopment of these sites; and WHEREAS, key leaders in the Senate, led by Senators Lincoln Chafee, Frank Lautenberg, Robert Smith and Max Baucus, recently introduced a bipartisan legislative proposal, the "Brownfields Revitalization and Environmental Restoration Act", which substantively deals with these key concerns, NOW, THEREFORE BE IT RESOLVER that The U. S. Conference of Mayors supports the "Brownfrelds Revitalization and Environmental Restoration Act" and urges the Senate to move forward promptly on this bipartisan initiative to help ensure that final Congressional action occurs this year on a brownfields reform package; and BE IT FURTHER RESOLVED that The U. S. Conference of Mayors urges its members to secure Senate cosponsors for this legislation to demonstrate the strong support of the nation's mayors for action on this legislation. Passed June 12"i, 2000 The 68" Annual Conference of Mayors Seattle, Washington