S 822 — BUILD Act

9604(k)) (as redesignated by section 3(1)) is amended-- </DELETED> <DELETED> (1) by striking ``The Administrator may provide,'' and inserting the following:</DELETED> <DELETED> ``(i) Definitions.--In this subparagraph:</DELETED> <DELETED> ``(I) Disadvantaged area.--The term `disadvantaged area' means an area with an annual median household income that is less than 80 percent of the statewide annual median household income, as determined by the latest available decennial census.</DELETED> <DELETED> ``(II) Small community.-- The term `small community' means a community with a population of not more than 15,000 individuals, as determined by the latest available decennial census.</DELETED> <DELETED> ``(ii) Establishment of program.-- The Administrator shall establish a program to provide grants that provide,'';

and</DELETED> <DELETED> (2) by adding at the end the following:</DELETED> <DELETED> ``(iii) Small or disadvantaged community recipients.--</DELETED> <DELETED> ``(I) In general.--Subject to subclause (II), in carrying out the program under clause (ii), the Administrator shall use not more than $600,000 of the amounts made available to carry out this paragraph to provide grants to States that receive amounts under section 128(a) to assist small communities, Indian tribes, rural areas, or disadvantaged areas in achieving the purposes described in clause (ii).</DELETED> <DELETED> ``(II) Limitation.--Each grant awarded under subclause (I) shall be not more than $7,500.''.</DELETED> <DELETED>SEC.

8.

WATERFRONT BROWNFIELDS GRANTS.</DELETED> <DELETED> Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9604(k)) is amended by inserting after paragraph (10) (as redesignated by section 3(1)) the following:</DELETED> <DELETED> ``(11) Waterfront brownfield sites.--</DELETED> <DELETED> ``(A) Definition of waterfront brownfield site.--In this paragraph, the term `waterfront brownfield site' means a brownfield site that is adjacent to a body of water or a federally designated floodplain.</DELETED> <DELETED> ``(B) Requirements.--In providing grants under this subsection, the Administrator shall-- </DELETED> <DELETED> ``(i) take into consideration whether the brownfield site to be served by the grant is a waterfront brownfield site;

and</DELETED> <DELETED> ``(ii) give consideration to waterfront brownfield sites.''.</DELETED> <DELETED>SEC.

9.

CLEAN ENERGY BROWNFIELDS GRANTS.</DELETED> <DELETED> Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9604(k)) (as amended by section 8) is amended by inserting after paragraph (11) the following:</DELETED> <DELETED> ``(12) Clean energy projects at brownfield sites.--</DELETED> <DELETED> ``(A) Definition of clean energy project.--In this paragraph, the term `clean energy project' means--</DELETED> <DELETED> ``(i) a facility that generates renewable electricity from wind, solar, or geothermal energy;

and</DELETED> <DELETED> ``(ii) any energy efficiency improvement project at a facility, including combined heat and power and district energy.</DELETED> <DELETED> ``(B) Establishment.--The Administrator shall establish a program to provide grants--</DELETED> <DELETED> ``(i) to eligible entities to carry out inventory, characterization, assessment, planning, feasibility analysis, design, or remediation activities to locate a clean energy project at 1 or more brownfield sites;

and</DELETED> <DELETED> ``(ii) to capitalize a revolving loan fund for the purposes described in clause (i).</DELETED> <DELETED> ``(C) Maximum amount.--A grant under this paragraph shall not exceed $500,000.''.</DELETED> <DELETED>SEC.

10.

TARGETED FUNDING FOR STATES.</DELETED> <DELETED> Paragraph (15) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9604(k)) (as redesignated by section 3(1)) is amended by adding at the end the following:</DELETED> <DELETED> ``(C) Targeted funding.--Of the amounts made available under subparagraph (A) for a fiscal year, the Administrator may use not more than $2,000,000 to provide grants to States for purposes authorized under section 128(a), subject to the condition that each State that receives a grant under this subparagraph shall have used at least 50 percent of the amounts made available to that State in the previous fiscal year to carry out assessment and remediation activities under section 128(a).''.</DELETED> <DELETED>SEC.

11.

AUTHORIZATION OF APPROPRIATIONS.</DELETED> <DELETED> (a) Brownfields Revitalization Funding.--Paragraph (15)(A) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9604(k)) (as redesignated by section 3(1)) is amended by striking ``2006'' and inserting ``2020''.</DELETED> <DELETED> (b) State Response Programs.--Section 128(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9628(a)(3)) is amended by striking ``2006'' and inserting ``2020''.</DELETED> SECTION 1.

CLARIFICATION OF OWNER OR OPERATOR.

(a) Acquisition by State or Local Government as Sovereign.-- (1) Owner or operator.--Section 101(20) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9601(20)) is amended-- (A) in subparagraph (A), in the first sentence, by striking ``due to bankruptcy'' and all that follows through ``local government,'' and inserting ``to a unit of State or local government through seizure or otherwise in connection with law enforcement activity;

through bankruptcy, tax delinquency, abandonment, or escheat;

through any other involuntary transfer or acquisition;

through the exercise of eminent domain authority by purchase or condemnation;

or through other circumstances in which the unit of State or local government acquires title by virtue of its function as a sovereign,'';

(B) in subparagraph (C), by striking ``section 107(a)(3) or (4)'' and inserting ``paragraph (3) or (4) of section 107(a),'';

and (C) in subparagraph (D), in the first sentence, by striking ``which acquired'' and all that follows through ``by virtue'' and inserting ``that acquired ownership or control through seizure or otherwise in connection with law enforcement activity;

through bankruptcy, tax delinquency, abandonment, or escheat;

through any other involuntary transfer or acquisition;

through the exercise of eminent domain authority by purchase or condemnation;

or through other circumstances in which the government acquires title by virtue''.

(2) Contractual relationship.--Section 101(35)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9601(35)(A)) is amended-- (A) in the matter preceding clause (i), by striking ``clause (i), (ii), or (iii)'' and inserting ``clause (i) or (ii)'';

(B) by striking clause (ii);

and (C) by redesignating clause (iii) as clause (ii).

(b) Alaska Native Village and Native Corporation Relief.--Section 101(20) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9601(20)) is amended-- (1) by redesignating subparagraphs (E) through (G) as subparagraphs (F) through (H), respectively, and indenting appropriately;

(2) by inserting after subparagraph (D) the following:

``(E) Exclusion of certain alaska native villages and native corporations.-- ``(i) In general.--The term `owner or operator' does not include-- ``(I) a Native village or Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C.

1602)) that received a contaminated facility from the United States Government under that Act (43 U.S.C.

1601 et seq.);

or ``(II) a successor in interest to a contaminated facility referred to in subclause (I) that was conveyed to the successor in interest under section 14(c) of that Act (43 U.S.C.

1613(c)).

``(ii) Applicability.--Clause (i) does not apply to any Native village, Native Corporation, or successor in interest that has caused or contributed to the release or threatened release of a hazardous substance from a contaminated facility referred to in that clause.

``(iii) Liability.--Any Native village, Native Corporation, or successor in interest that causes or contributes to the release or threatened release of a hazardous substance from a contaminated facility referred to in clause (i) shall be subject to the provisions of this Act in the same manner and to the same extent, procedurally and substantively, as any nongovernmental entity, including liability under section 107.'';

(3) in subparagraph (G) (as so redesignated), in the matter preceding clause (i), by striking ``subparagraph (E)'' and inserting ``subparagraph (F)'';

and (4) in clause (i)(II) of subparagraph (H) (as so redesignated), by striking ``1813)'' and inserting ``1813))''.

(c) Prospective Purchasers and Lessees.-- (1) Bona fide prospective purchaser.--Section 101(40) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9601(40)) is amended-- (A) in subparagraph (B)-- (i) by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately;

(ii) in subclause (I) (as so redesignated), by striking ``clauses (ii) and (iii)'' and inserting ``subclauses (II) and (III)'';

(iii) in subclause (II) (as so redesignated), by striking ``subparagraph'' and inserting ``clause'';

and (iv) in subclause (III) (as so redesignated), by striking ``subparagraph'' and inserting ``clause'';

(B) in subparagraph (D), by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately;

(C) in subparagraph (F), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately;

(D) in subparagraph (H)-- (i) in clause (i)-- (I) in subclause (II), by inserting ``, by a tenancy, by the instruments by which a leasehold interest in the facility is created,'' after ``financed'';

and (II) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and indenting appropriately;

and (ii) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately;

(E) by redesignating subparagraphs (B) through (H) as clauses (ii) through (viii), respectively, and indenting appropriately;

(F) by striking the paragraph designation and heading and all that follows through ``All disposal of'' in subparagraph (A) and inserting the following:

``(40) Bona fide prospective purchaser.-- ``(A) In general.--The term `bona fide prospective purchaser' means-- ``(i) a person that-- ``(I) after January 11, 2002, acquires ownership of a facility;

and ``(II) establishes by a preponderance of the evidence each of the criteria described in clauses (i) through (viii) of subparagraph (B);

``(ii) a tenant of a person described in clause (i);

``(iii) a tenant of a person that-- ``(I) formerly met the criteria described in clause (i) but no longer meets that criteria due to a factor unrelated to any action of the tenant;

and ``(II) establishes by a preponderance of the evidence each of the criteria described in clauses (i), (iii), (iv), (v), (vi), (vii), and (viii) of subparagraph (B);

and ``(iv) a person that-- ``(I) holds a leasehold interest in a facility;

and ``(II) establishes by a preponderance of the evidence each of the criteria described in clauses (i) through (viii) of subparagraph (B).

``(B) Criteria.--The criteria described in this subparagraph are as follows:

``(i) Disposal prior to acquisition.--All disposal of'';

and (G) by adding at the end the following:

``(C) Special rule.--With respect to a facility, in any case in which the ownership or operational control held by a person is established by a tenancy or lease, the person shall be considered to be a bona fide prospective purchaser only if the person establishes by a preponderance of the evidence that the tenancy or lease is not designed to avoid liability under this Act by any person that-- ``(i) does not meet the criteria applicable to that person under subparagraph (B);

or ``(ii) is liable under paragraph (3) or (4) of section 107(a).''.

(2) Limitation on liability.--Section 107(r)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9607(r)(1)) is amended by striking ``purchaser's'' and inserting ``bona fide prospective purchaser''.

SEC.

12.

<all>Calendar No.

213 115th CONGRESS 1st Session S.

822 [Report No.

115-148] _______________________________________________________________________ A BILL To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to modify provisions relating to grants, and for other purposes.

_______________________________________________________________________ September 7, 2017 Reported with an amendment