H.R.1120 - Community Revitalization and Brownfield Cleanup Act of 1997105th Congress (1997-1998)
Summary: H.R.1120 — 105th Congress (1997-1998)
Introduced in House (03/19/1997)
TABLE OF CONTENTS:
Title I: Brownfield Remediation and Environmental Cleanup
Title II: State Voluntary Response Programs
Title III: Innocent Landowners and Prospective Purchaser
Community Revitalization and Brownfield Cleanup Act of 1997 - Title I: Brownfield Remediation and Environmental Cleanup - Directs the Administrator of the Environmental Protection Agency to establish a program to provide grants to local governments to inventory and conduct site assessments of brownfield sites. Defines a "brownfield site" as a parcel of land that contains or contained abandoned, idled, or under-used commercial or industrial facilities, the expansion or redevelopment of which is complicated by the presence or potential presence of hazardous substances, pollutants, or contaminants.
(Sec. 103) Directs the Administrator to establish a program of grants to local governments for capitalization of loan programs for brownfield site cleanup by the locality or owner or prospective purchaser.
(Sec. 104) Makes amounts in the Hazardous Substance Superfund (the Fund) available to carry out the grant programs of this Act. Authorizes appropriations from the Fund.
(Sec. 105) Requires reports to the Congress regarding the site assessment and loan capitalization programs.
(Sec. 106) Imposes funding limitations, including a restriction on use of funds to meet Federal cost-sharing requirements and a prohibition on the use of grants to pay fines or penalties.
(Sec. 109) Authorizes appropriations to carry out the site assessment and loan capitalization programs.
Title II: State Voluntary Response Programs - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to add provisions requiring the Administrator to provide technical and other assistance to States to establish and expand qualifying State voluntary response programs, comprised of elements including public participation opportunities, oversight and enforcement authorities, and certification mechanisms.
Title III: Innocent Landowners and Prospective Purchaser Liability - Amends CERCLA, with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the President) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions.
(Sec. 302) 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 in which there are such unrecovered costs for which the owner is not liable by reason of this Act and the facility's fair market value has increased above that which existed 180 days before the action was taken.
(Sec. 303) Adds CERCLA provisions governing owner-operator status of persons owning or operating property contiguous to a release site.