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Congressional Research Service Bill Summary for H.R. 2869
Brownfields Revitalization Act
House Sponsor: Rep Gillmor, Paul E.(introduced 9/10/2001)
[Senate Sponsor: Lincoln Chafee]
Latest Major Action: 12/20/2001 Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. [Signed by President Bush, January 11, 2002]
Title:
To provide certain relief for small businesses from liability under the Comprehension Environmental Response, Compensation, and Liability Act of 1980, and to amend such Act to promote the cleanup and reuse of brownfields, to provide financial assistance for brownfields revitalization, to enhance State response programs, and for other purposes.
SUMMARY AS OF: 9/10/2001--Introduced.
Small Business Liability Relief and Brownfields Revitalization Act - Small Business Liability Protection Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to provide (with exceptions) that persons shall be liable for response costs at a National Priorities List (NPL) facility as non-owners or operators only if the total of material containing a hazardous substance that the business arranged for disposal, transport, or treatment of, or accepted for transport, was greater than specified amounts.
Exempts a person from liability for response costs (with exceptions) at a NPL facility for municipal solid waste (MSW) as a non-owner or operator if the person is an owner, operator, or lessee of residential property from which all of the person's MSW was generated, or a certain small business or small charitable tax-exempt organization that generated all its MSW, with respect to the facility concerned.
Makes nongovernmental entities that commence a contribution action liable to the defendant for all reasonable legal costs if the defendant is not liable based on the above-described exemptions.
Revises conditions for de minimis settlements.
Brownfields Revitalization and Environmental Restoration Act of 2001 - Provides grants for inventorying, characterizing, assessing, remediating, and conducting planning related to brownfield sites. Defines a "brownfield site," with exceptions, as real property, the expansion, redevelopment, or reuse of which is complicated by the presence or potential presence of a hazardous substance or pollutant. Includes certain petroleum- or controlled substance-contaminated sites and mine-scarred land.
Exempts from liability under CERCLA certain owners of real property contiguous to property on which there has been a hazardous substance release or threatened release that is not owned by such persons.
Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien to the United States for unrecovered response costs in any case for which the owner is not liable by reason of this section and the facility's fair market value has increased above that which existed before the action was taken.
Deems a person, with respect to defenses to liability of an owner of after-acquired property, to have undertaken appropriate inquiry into the property's previous ownership and uses if the person demonstrates that inquiries were undertaken in accordance with specified requirements.
Authorizes the Administrator to award grants to States or Indian tribes for response programs comprised of elements including survey and inventory of brownfield sites, public participation opportunities, oversight and enforcement authorities, and certification mechanisms.
Restricts authority to take enforcement actions under CERCLA in cases of hazardous substance releases addressed by a State response plan. Authorizes the President to bring enforcement actions in certain instances where there is migration of contamination across State lines or onto Federal property, or there is an imminent and substantial endangerment to public health or welfare or the environment and additional response actions are likely to be necessary.
Makes restrictions on the President's authority to take such actions applicable only at sites in States that maintain and publicize a record of sites at which response actions have been completed in the previous year and are planned to be addressed under the State response program in the upcoming year. Applies enforcement action requirements only to response actions conducted after February 15, 2001.
Provides conditions for deferral by the President of final listing of an eligible NPL response site.
(Note this summary does not include the amendment made by Mr. Gillmor to require use of Davis-Bacon Act prevailing wages when federal grants are used for cleanup under authority of this bill. Language unavailable 12-20-01, but will be provided on receipt).
last updated: 03/03/03
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