H.R. 8739

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8739 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8739

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

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 12, 2026

Mr. Guthrie introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committee on 
Transportation and Infrastructure, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To amend the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 with respect to brownfields revitalization 
funding, 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.

This Act may be cited as the ``Brownfields Revitalization for a 
Better Tomorrow Act''.

SEC. 2. BROWNFIELDS REVITALIZATION FUNDING.

(a) Definition of Eligible Entity.--Section 104(k)(1)(I) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9604(k)(1)(I)) is amended by inserting ``or 
501(c)(6)'' after ``section 501(c)(3)''.
(b) Grants and Loans for Brownfield Remediation.--Section 
104(k)(3)(A)(ii) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(3)(A)(ii)) 
is amended by striking ``$500,000'' and all that follows through the 
period at the end and inserting ``$1,000,000 for each site to be 
remediated.''.
(c) Multipurpose Brownfields Grants.--Section 104(k)(4)(B) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9604(k)(4)(B)) is amended by striking ``$1,000,000'' 
and inserting ``$2,000,000''.
(d) General Provisions.--Section 104(k)(5) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(k)(5)) is amended--
(1) in subparagraph (A), by amending clause (i) to read as 
follows:
``(i) Brownfield site characterization and 
assessment.--A grant under paragraph (2) may be 
awarded to an eligible entity on a community-
wide or site-by-site basis, and shall not 
exceed, for any individual brownfield site 
covered by the grant, $500,000.''; and
(2) by adding at the end the following:
``(F) Demolition.--A recipient of a grant or loan 
under paragraph (2), (3), or (4) may use up to 10 
percent of the amounts made available under the grant 
or loan for demolition activities as needed to carry 
out the purpose for which the grant or loan was 
provided, subject to the approval of the 
Administrator.''.
(e) Ranking Criteria.--Section 104(k)(6)(C) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(k)(6)(C)) is amended by adding at the end the following:
``(xiii) The extent to which a grant would 
facilitate the redevelopment and reuse of a 
brownfield site located in whole or in part on 
a former military installation.
``(xiv) The extent to which a grant could 
facilitate the remediation and reuse of a 
brownfield site for any activity described in 
the matter preceding clause (i) of section 
41001(6)(A) of the FAST Act (regardless of 
whether the activity is described in any of 
clauses (i) through (iv) of such section).''.
(f) Implementation of Brownfields Programs.--Section 104(k)(7) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9604(k)(7)) is amended--
(1) in subparagraph (A)--
(A) by striking ``The Administrator may provide'' 
and inserting the following: ``The Administrator--
``(i) may provide'';
(B) by striking the period at the end and inserting 
``; and''; and
(C) by adding at the end the following:
``(ii) shall provide, on a noncompetitive 
basis, one grant to a covered entity in each of 
fiscal years 2028 and 2029, which grant shall 
be used to provide technical assistance to five 
covered applicants, selected by the 
Administrator, for purposes of applying for a 
grant under this subsection for activities to 
be carried out in a small community.''; and
(2) by adding at the end the following:
``(C) Definitions.--In this paragraph:
``(i) Covered applicant.--The term `covered 
applicant' means an eligible entity--
``(I) that applied for, but did not 
receive, a grant under this subsection 
in the fiscal year immediately 
preceding the fiscal year for which the 
Administrator is selecting covered 
applicants under subparagraph (A)(ii) 
for activities to be carried out in a 
small community; and
``(II) for which the provision of 
technical assistance under this 
paragraph would help secure a grant 
under this subsection.
``(ii) Covered entity.--The term `covered 
entity' means an eligible entity or nonprofit 
organization with relevant experience and 
expertise in applying for and securing Federal 
assistance that is receiving funding under 
subparagraph (A)(i).
``(iii) Small community.--The term `small 
community' has the meaning given such term in 
section 128(a)(1)(B)(iv).''.
(g) Audits.--Section 104(k)(8) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9604(k)(8)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) In general.--Not later than 2 years after the 
date of enactment of the Brownfields Revitalization for 
a Better Tomorrow Act, and every 2 years thereafter, 
the Inspector General of the Environmental Protection 
Agency shall conduct reviews or audits of the use of--
``(i) Federal funds by the Administrator 
under this subsection;
``(ii) grants and loans made under this 
subsection; and
``(iii) grants made to a State or Indian 
tribe under section 128(a) and activities 
carried out using such grants, including grants 
made to a State or Indian tribe using amounts 
made available under paragraph (7) of this 
subsection to carry out section 
128(a)(1)(B)(ii)(III).''; and
(2) in subparagraph (D), by striking ``September 30, 2022'' 
and inserting ``2 years after the date of enactment of the 
Brownfields Revitalization for a Better Tomorrow Act, and every 
2 years thereafter''.
(h) Agreements.--Section 104(k)(10)(B)(iii) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(k)(10)(B)(iii)) is amended--
(1) by inserting ``the eligible entity is located in a 
small community or disadvantaged area (as those terms are 
defined in section 128(a)(1)(B)(iv)) or'' after ``unless''; and
(2) by inserting ``, in which case the Administrator shall 
waive the matching share requirement under this clause'' before 
``; and''.
(i) Authorization of Appropriations.--Section 104(k)(13) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9604(k)(13)) is amended to read as follows:
``(13) Authorization of appropriations.--
``(A) In general.--There is authorized to be 
appropriated to carry out this subsection $123,500,000 
for each of fiscal years 2027 through 2031.
``(B) Funding for oversight.--Of the amounts made 
available under this paragraph for each fiscal year, 
0.5 percent shall be available to carry out paragraph 
(8).''.

SEC. 3. REAUTHORIZATION OF FUNDING FOR CERTAIN ASSISTANCE TO STATES.

Section 128(a) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)) is 
amended--
(1) in paragraph (1), by adding at the end the following:
``(C) Brownfields inventory.--Each State or Indian 
tribe receiving a grant under this subsection shall 
maintain, update not less than annually, and make 
available to the public, by location, an inventory of 
all brownfield sites within that State on which 
activities authorized and funded pursuant to that grant 
have occurred.''; and
(2) in paragraph (3), by striking ``$50,000,000 for each of 
fiscal years 2019 through 2023'' and inserting ``$46,250,000 
for each of fiscal years 2027 through 2031''.

SEC. 4. STUDIES, REPORTS, AND GUIDANCE.

(a) Capitalization of Revolving Loan Funds Study.--Not later than 
September 30, 2028, the Comptroller General shall submit to Congress a 
report containing a review of revolving loan funds that were 
capitalized using a grant received under subparagraph (A)(i) of section 
104(k)(3) of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9604(k)(3)) during any of fiscal 
years 2015 through 2025, including information on--
(1) the status and balance of each such revolving loan 
fund;
(2) each loan or grant provided by an eligible entity under 
subparagraph (B) of such section; and
(3) any barriers to the eligible entity providing 
additional loans or grants under such subparagraph (B).
(b) Report on Funding for Covered Entities and Covered 
Applicants.--
(1) In general.--Not later than September 30, 2030, the 
Administrator shall submit to Congress a report on--
(A) the effect of providing a grant under 
subparagraph (A)(ii) of section 104(k)(7)(A) of the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9604(k)(7)(A)) (as 
amended by this Act);
(B) the covered applicants selected by the 
Administrator under such subparagraph; and
(C) the status of--
(i) any applications for a grant under 
section 104(k) of such Act submitted by a 
covered applicant that received technical 
assistance pursuant to such subparagraph 
(A)(ii); and
(ii) any activities for which a grant was 
provided pursuant to such an application.
(2) Updated report.--Not later than September 30, 2032, the 
Administrator shall submit to Congress an update to the report 
submitted under paragraph (1).
(c) Report on Loan Programs for Assessment, Remediation, and Reuse 
of Brownfield Sites.--
(1) In general.--Not later than two years after the date of 
enactment of this Act, the Administrator shall submit to the 
Committee on Energy and Commerce of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate a report containing--
(A) an analysis of whether establishing and 
implementing a loan program for the assessment, 
remediation, and reuse of brownfield sites, consistent 
with section 104(k) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(k)), would be feasible and useful, 
including consideration of--
(i) the demand for larger loans for which 
the amount of the loan is equal to or greater 
than the largest loan currently offered by 
eligible entities under section 104(k)(3)(B) of 
such Act;
(ii) the extent to which such a program 
would facilitate the remediation and reuse of 
brownfield sites at which potential 
contamination is particularly extensive or 
complex; and
(iii) the extent to which such a program 
could facilitate the remediation and reuse of 
one of more brownfield sites at an earlier date 
than such activities would otherwise proceed; 
and
(B) if the Administrator finds such a program will 
be feasible and useful, recommendations for statutory 
changes needed to authorize such a program.
(2) Consultation.--In carrying out this subsection, the 
Administrator shall consult with other Federal agencies, 
eligible entities, site owners, site developers, and any other 
entities the Administrator considers appropriate.
(d) National Priorities List Deletion Study.--The Comptroller 
General shall conduct a study with respect to the process for the 
deletion or partial deletion of sites from the National Priorities List 
established under section 105 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605), in 
order to identify any barriers to such deletion or partial deletion, 
including a review of the following:
(1) The process of coordination between Federal and State 
entities with respect to such deletion or partial deletion.
(2) Any impediments to timely and efficient deletion or 
partial deletion of sites.
(3) Opportunities to expedite the deletion or partial 
deletion of sites with respect to which applicable remedial 
action has been completed.
(e) Guidance for Permitting on Brownfield Sites.--
(1) In general.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall develop guidance 
to assist Federal agencies in more efficiently issuing Federal 
authorizations, and conducting environmental reviews for such 
authorizations, with respect to projects relating to brownfield 
sites.
(2) Considerations.--In developing or updating guidance 
under this subsection, the Administrator shall consider matters 
related to--
(A) the availability of historic site-specific 
environmental data;
(B) previously completed environmental reviews 
required by the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.);
(C) data or information collected as part of 
assessment or remediation activities under section 
104(k) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 
9604(k));
(D) community engagement and historical experience 
with previous uses; and
(E) any other matters the Administrator determines 
appropriate.
(3) Updates.--The Administrator shall update the guidance 
developed under this subsection periodically.
(f) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the 
Administrator of the Environmental Protection Agency.
(2) Brownfield site.--The term ``brownfield site'' has the 
meaning given that term in section 101(39) of the Comprehensive 
Environmental Response, Compensation, and Liability Act (42 
U.S.C. 9601(39)).
(3) Federal authorization.--The term ``Federal 
authorization'', with respect to a project--
(A) means any authorization required under Federal 
law for the project; and
(B) includes any permits, special use 
authorizations, certifications, opinions, or other 
approvals as may be required under Federal law for such 
project.
(4) Remedial action.--The term ``remedial action'' has the 
meaning given that term in section 101(24) of the Comprehensive 
Environmental Response, Compensation, and Liability Act (42 
U.S.C. 9601(24)).
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