S 350 · 107th Congress 2001–2003, ended

Brownfields Revitalization and Environmental Restoration Act of 2001

Introduced Feb 15, 2001 Originated Senate Sponsor Lincoln Chafee R-RI

Latest action · Jun 28, 2001 Subcommittee Hearings Held.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

IntroducedFeb 15, 2001
Passed SenateApr 25, 2001
Passed HouseNot reached
To the PresidentNot reached
Became lawNot reached

Summary

Brownfields Revitalization and Environmental Restoration Act of 2001 - Title I: Brownfields Revitalization Funding - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to provide for grants to eligible entities (including local government units, redevelopment agencies, States, and Indian tribes) 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 within such definition a site: (1) that is contaminated by a controlled substance; (2) that is contaminated by petroleum or a petroleum product excluded from the CERCLA definition of "hazardous substance" which is determined to be of relatively low risk, that is a site for which there is no viable responsible party and which will be cleaned up by a person not potentially liable, and that is not subject to a specified order under the Solid Waste Disposal Act; or (3) that is mine-scarred land. Authorizes appropriations. Requires at least 25 percent of such funding to be used for petroleum-contaminated sites.

Title II: Brownfields Liability Clarifications - 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.

(Sec. 202) 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 upon a facility 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.

(Sec. 203) 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 (for property purchased after May 31, 1997, compliance with an American Society for Testing and Materials standard until standards are issued by the Administrator of the Environmental Protection Agency). Deems the appropriate inquiry requirements to be satisfied by a facility inspection and title search that reveal no basis for further investigation in the case of property for residential or similar use purchased by a nongovernmental or noncommercial entity.

Title III: State Response Programs -Adds CERCLA provisions authorizing the Administrator to award grants to States or Indian tribes to establish or enhance response programs comprised of elements including survey and inventory of brownfield sites, public participation opportunities, oversight and enforcement authorities, and certification mechanisms. Authorizes appropriations.

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, including cases where a State requests assistance, 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, update at least annually, and make publicly available 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.

(Sec. 302) Requires the President to defer final listing of an eligible response site on the National Priorities List if the State is conducting a response action in compliance with a State response program that will provide long-term health and environmental protection or is actively pursuing an agreement to perform such an action with a capable person. Requires reasonable progress toward completion of actions for deferral of listing. Permits the President to decline to defer, or discontinue a deferral if: (1) deferral would be inappropriate because the State, as an owner, operator, or significant contributor is a potentially responsible party; (2) the criteria under the National Contingency Plan for issuance of a health advisory have been met; or (3) the other conditions under this section for deferral are no longer being met.

Recorded votes 1

Newest first. Open one to see how every member voted.

Roll call	Question	Result	Date
Senate 87	On Passage of the Bill S. 350	Bill Passed99–0	Apr 25, 2001

Cosponsors 69

Members who signed on, in the order they did. Signatures ran from Feb 15, 2001 to Apr 25, 2001; 14 are original cosponsors, there from the day it was introduced.

Seat	Cosponsor		Signed on
D-PA	Arlen Specter	Original	Feb 15, 2001
D-CA	Barbara Boxer	Original	Feb 15, 2001
R-CO	Ben Nighthorse Campbell	Original	Feb 15, 2001
D-FL	Bob Graham	Original	Feb 15, 2001
R-NH	Bob Smith	Original	Feb 15, 2001
R-IA	Chuck Grassley	Original	Feb 15, 2001
D-NV	Harry Reid	Original	Feb 15, 2001
D-NY	Hillary Rodham Clinton	Original	Feb 15, 2001
R-VA	John Warner	Original	Feb 15, 2001
D-NJ	Jon S. Corzine	Original	Feb 15, 2001
I-CT	Joseph I. Lieberman	Original	Feb 15, 2001
D-MT	Max Baucus	Original	Feb 15, 2001
D-OR	Ron Wyden	Original	Feb 15, 2001
D-DE	Thomas R. Carper	Original	Feb 15, 2001
D-AR	Blanche L. Lincoln		Feb 28, 2001
D-ND	Byron L. Dorgan		Feb 28, 2001
D-MI	Carl Levin		Feb 28, 2001
D-NY	Charles E. Schumer		Feb 28, 2001
D-CT	Christopher J. Dodd		Feb 28, 2001
D-MI	Debbie Stabenow		Feb 28, 2001
R-OR	Gordon H. Smith		Feb 28, 2001
D-RI	Jack Reed		Feb 28, 2001
R-VT	James M. Jeffords		Feb 28, 2001
R-NC	Jesse Helms		Feb 28, 2001
D-DE	Joseph R. Biden Jr.		Feb 28, 2001
D-LA	Mary L. Landrieu		Feb 28, 2001
D-GA	Max Cleland		Feb 28, 2001
R-OH	Mike DeWine		Feb 28, 2001
R-ME	Olympia J. Snowe		Feb 28, 2001
D-VT	Patrick J. Leahy		Feb 28, 2001
D-MD	Paul S. Sarbanes		Feb 28, 2001
R-KS	Sam Brownback		Feb 28, 2001
R-ME	Susan M. Collins		Feb 28, 2001
D-IA	Tom Harkin		Feb 28, 2001
D-MD	Barbara A. Mikulski		Mar 6, 2001
D-MA	Edward M. Kennedy		Mar 6, 2001
R-KY	Jim Bunning		Mar 6, 2001
R-AZ	John McCain		Mar 6, 2001
D-WA	Patty Murray		Mar 6, 2001
R-NM	Pete V. Domenici		Mar 6, 2001
R-IL	Peter Fitzgerald		Mar 6, 2001
R-PA	Rick Santorum		Mar 6, 2001
D-SD	Thomas A. Daschle		Mar 6, 2001
R-AR	Tim Hutchinson		Mar 6, 2001
R-CO	Wayne Allard		Mar 6, 2001
R-TN	William H. Frist		Mar 6, 2001
R-AL	Jeff Sessions		Mar 8, 2001
D-NC	John Edwards		Mar 8, 2001
D-HI	Daniel K. Akaka		Mar 12, 2001
D-LA	John B. Breaux		Mar 12, 2001
D-WV	John D. Rockefeller IV		Mar 12, 2001
D-MA	John F. Kerry		Mar 12, 2001
R-NH	Judd Gregg		Mar 12, 2001
D-IL	Richard J. Durbin		Mar 12, 2001
D-NJ	Robert G. Torricelli		Mar 12, 2001
D-IN	Evan Bayh		Mar 15, 2001
D-WA	Maria Cantwell		Mar 15, 2001
D-WV	Robert C. Byrd		Mar 15, 2001
R-MS	Thad Cochran		Mar 15, 2001
D-MN	Mark Dayton		Mar 20, 2001
R-IN	Richard G. Lugar		Mar 20, 2001
R-TN	Fred Thompson		Apr 5, 2001
R-VA	George Allen		Apr 5, 2001
D-NM	Jeff Bingaman		Apr 5, 2001
D-CA	Dianne Feinstein		Apr 24, 2001
R-KY	Mitch McConnell		Apr 24, 2001
D-MN	Paul D. Wellstone		Apr 25, 2001
R-TX	Phil Gramm		Apr 25, 2001
D-SD	Tim Johnson		Apr 25, 2001

Committees 3

Where it was sent and what each committee and subcommittee did with it, in order.

Chamber	Committee	What it did
Senate	Environment and Public Works Committee	Referred Feb 15, 2001Markup Mar 8, 2001Reported Mar 12, 2001
	Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight Subcommittee	Hearings Feb 28, 2001
House	Energy and Commerce Committee	Referred Apr 26, 2001
	Environment and Hazardous Materials Subcommittee	Referred May 4, 2001Hearings Jun 28, 2001
House	Transportation and Infrastructure Committee	Referred Apr 26, 2001
	Water Resources and Environment Subcommittee	Referred Apr 27, 2001

Actions 19

Everything that happened, newest first.

Jun 28, 2001Subcommittee Hearings Held.
May 4, 2001Referred to the Subcommittee on Environment and Hazardous Materials.
Apr 27, 2001Referred to the Subcommittee on Water Resources and Environment.
Apr 26, 2001Message on Senate action sent to the House.
Apr 26, 2001Received in the House.

Show all 19 actions

In the Congressional Record 9

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

Where	In the Record	Members	Date
Senate	Debate and remarks S11556, S11557	Chuck Grassley R-IA, Max Baucus D-MT	Nov 19, 2002
Senate	Debate and remarks S14064	James M. Jeffords R-VT	Dec 20, 2001
Senate	Debate and remarks S4019	Harry Reid D-NV	Apr 30, 2001
Senate	Debate and remarks S3980	Pete V. Domenici R-NM	Apr 26, 2001
Senate	Debate and remarks S3868, S3869, S3877, S3879–S3912Text printed S3907–S3912Amendments S3879, S3896, S3929Recorded votes S3907enactCost estimates S3895	Barbara Boxer D-CA (amendment), Bob Graham D-FL, Bob Smith R-NH (amendment), Carl Levin D-MI, Christopher S. Bond R-MO, Evan Bayh D-IN, George V. Voinovich R-OH, Harry Reid D-NV (amendment), Hillary Rodham Clinton D-NY, James M. Inhofe R-OK, James M. Jeffords R-VT, Jean Carnahan D-MO, Jeff Bingaman D-NM, Jon S. Corzine D-NJ, Joseph I. Lieberman I-CT, Lincoln Chafee R-RI (amendment), Max Baucus D-MT, Mike Crapo R-ID, Robert G. Torricelli D-NJ, Ted Stevens R-AK, Thomas R. Carper D-DE, Trent Lott R-MS	Apr 25, 2001

Show all 9 days

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

S. Rept. 107-2

Congressional Budget Office cost estimates 2

Mar 20, 2001S. 350, Brownfields Revitalization and Environmental Restoration Act of 2001<p>Cost estimate for the bill as reported by the Senate Committee on Environment and Public Works on March 12, 2001</p>
Mar 20, 2001S. 350, Brownfields Revitalization and Environmental Restoration Act of 2001Cost estimate for the bill as reported by the Senate Committee on Environment and Public Works on March 12, 2001

Printed hearings 9

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

Number	Hearing	Committee	Held
S. Hrg. 107-955	SMART GROWTH AND ECONOMIC DEVELOPMENT254 pages	Environment and Public Works Committee	Mar 6, 2002
S. Hrg. 107-668	REAUTHORIZATION OF TEA-211,404 pages	Environment and Public Works Committee	Jan 24, 2002–Sep 30, 2002
S. Hrg. 107-566	FEDERAL ROLE IN MEETING INFRASTRUCTURE NEEDS220 pages	Environment and Public Works Committee	Jul 23, 2001
Serial No. 107-43	BROWNFIELDS LEGISLATION: ``THE BROWN- FIELDS REVITALIZATION AND EVIRON- MENTAL RESTORATION ACT OF 2001,'' AND ``GILLMOR DISCUSSION DRAFT,'' AND ``DEMOCRATIC DISCUSSION DRAFT''130 pages	Energy and Commerce Committee	Jun 28, 2001
S. Hrg. 107-324	NOMINATIONS OF THE 107th CONGRESS, FIRST SESSION430 pages	Environment and Public Works Committee	May 17, 2001–Oct 17, 2001

Show all 9 hearings

Amendments 1

Amendments offered to this bill.

Amendment	Description	Offered by	Status
SA 352	Of a perfecting nature.	Bob Smith R-NH	Amendment SA 352 agreed to in Senate by Unanimous Consent.

Related bills 1

Companion bills and other measures the record links to this one.

Bill	Title	Relationship	Latest action
HR 2869	Small Business Liability Relief and Brownfields Revitalization Act	Related bill	Jan 11, 2002

Titles 4

Every title it has carried, official and short, at each stage.

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.
Short Titles as Introduced: Brownfields Revitalization and Environmental Restoration Act of 2001
Short Titles as Reported to Senate: Brownfields Revitalization and Environmental Restoration Act of 2001
Short Titles as Passed Senate: Brownfields Revitalization and Environmental Restoration Act of 2001

Subjects

Assigned by the Library of Congress. Policy area: Environmental Protection.

Text 4

Each version as it was printed, newest first.

Apr 26, 2001Referred in House
Apr 25, 2001Engrossed in Senate
Mar 12, 2001Reported to Senate
Feb 15, 2001Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.