[Senate Report 111-210]
[From the U.S. Government Publishing Office]
Calendar No. 434
111th Congress Report
SENATE
2d Session 111-210
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CLEANFIELDS INVESTMENT ACT
_______
June 18, 2010.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 3374]
together with
MINORITY VIEWS
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 3374) to amend the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
to establish a grant program to revitalize brownfield sites for
the purpose of locating renewable electricity generation
facilities on those sites, reports favorably thereon with
amendments and recommends that the bill, as amended, do pass.
Purposes of the Legislation
The purpose of the Cleanfields Investment Act (the Act) is
to authorize $50 million annually in grants for the inventory,
assessment, planning, and remediation of brownfields for the
purpose of locating renewable electricity generation or
manufacturing facilities on those sites.
General Statement and Background
The Act amends the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 to establish a grant
program to revitalize brownfield sites for the purpose of
locating renewable electricity generation or manufacturing
facilities on those sites.
The Environmental Protection Agency (EPA) has estimated
that over 4,000 brownfield sites have robust renewable resource
potential. On all the contaminated sites that EPA tracks, there
are about 17,000 megawatts (MW) of utility-scale wind potential
and over 915,000 MW of utility-scale solar potential.
According to EPA, brownfields clean-ups have created over
61,000 jobs nationwide, leveraged over $18.00 per each EPA
dollar spent, increased residential property values 2 to 3
percent, and increased overall property values within a one
mile radius of the site by $0.5 million to $1.5 million. The
Act will expand the program to stimulate jobs in the renewable
electricity industry, while also helping to preserve open
spaces and protect the environment and public health.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides that the Act may be cited as the
``Cleanfields Investment Act''.
Section 2. Purpose
Section 2 provides that the purpose of this Act is to
establish a program to fund grants to inventory, characterize,
assess, and conduct planning relating to brownfield sites for
the purpose of locating renewable electricity generation or
manufacturing facilities on those brownfield sites; or for use
in remediating brownfield sites for the purpose of locating
renewable electricity generation or manufacturing facilities on
those brownfield sites.
Section 3. Definitions
Section 3 amends Section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
to include definitions for ``Renewable Electricity Generation
Facility'' and ``Renewable Energy Manufacturing Facility.''
Section 4. Renewable electricity brownfield site funding
Section 4 amends Section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
to authorize a grant program to inventory, characterize,
assess, conduct planning, and remediate brownfield sites for
the purpose of locating renewable electricity generation or
manufacturing facilities on those sites. Section 4 also
specifies permissible uses of grants and requires the EPA
Administrator to issue guidance and ranking criteria for the
awarding of grants. Section 4 authorizes $50,000,000 annually
to fund grants from 2011 through 2016.
Legislative History
On May 13, 2010, Senator Lautenberg introduced S. 3374. On
May 20, 2010, the Environment and Public Works Committee held a
business meeting to consider the bill. Senator Inhofe offered
an amendment to expand the grant program to apply to
contaminated sites other than brownfields, and the amendment
was rejected with six votes in favor of the amendment and
eleven opposed. Senator Merkley offered an amendment to allow
renewable energy manufacturing facilities to receive grants
under the Act, and the amendment was agreed to by voice vote.
S. 3374 was ordered favorably reported as amended by a voice
vote.
Hearings
No hearings were held to consider the Act.
Rollcall Votes
The Committee on Environment and Public Works ordered S.
3374 favorably reported by voice vote on May 20, 2010. No
rollcall votes were taken.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes evaluation of
the regulatory impact of the reported bill. The Committee finds
that this legislation, which provides grants to inventory,
characterize, assess, conduct planning related to, and to
remediate brownfield sites for the purpose of locating
renewable electricity generation or manufacturing facilities,
does not have substantial regulatory impacts.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4), the Committee finds that this legislation does
not impose intergovernmental mandates or private sector
mandates as those terms are defined in UMRA. The Congressional
Budget Office concurs, finding ``S. 3374 contains no
intergovernmental or private-sector mandates as defined in UMRA
and would impose no costs on state, local, or tribal
governments.''
May 24, 2010.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3374, the
Cleanfields Investment Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 3374--Cleanfields Investment Act
Summary: S. 3374 would authorize the Environmental
Protection Agency to provide grants to nonprofit organizations,
units of local government, and other eligible entities for
locating renewable energy facilities (including renewable
energy manufacturing facilities) on brownfield sites. This
legislation would authorize the appropriation of $50 million
annually over the 2011-2015 period for such grants. Assuming
appropriation of the necessary amounts, CBO estimates that
implementing S. 3374 would cost $195 million over the 2011-2015
period.
Pay-as-you-go procedures would not apply to this
legislation because it would not affect direct spending or
revenues.
S. 3374 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 3374 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------
2011 2012 2013 2014 2015 2011-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level.......................................... 50 50 50 50 50 250
Estimated Outlays............................................ 3 43 49 50 50 195
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
3374 will be enacted near the beginning of fiscal year 2011 and
that authorized amounts will be appropriated in each year
starting in 2011. Estimated outlays are based on historical
spending patterns for similar programs.
Intergovernmental and private-sector impact: S. 3374
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on State, local, or
tribal governments.
Estimate prepared by: Federal costs: Susanne S. Mehlman;
Impact on State, local, and tribal governments: Ryan Miller;
Impact on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
MINORITY VIEWS OF SENATOR INHOFE
I agree with the overall intention of Senator Lautenberg's
S. 3374, the Cleanfields Investment Act. I believe, however,
the scope of contaminated lands that are considered within this
bill is far too narrow. Brownfields redevelopment should be and
is encouraged. Cleaning up our contaminated lands is always a
winning proposition and coupling that cleanup with renewable
energy development is a smart choice. Limiting this bill to
just brownfields properties denies other contaminated lands an
opportunity to be developed.
According to the U.S. Energy Information Administration's
Annual Energy Outlook 2008, by 2030 U.S. electricity production
will need to increase by nearly 30 percent to meet growing
demand. Looking to develop contaminated lands is a practical
idea that should be strived for and encouraged.
Even the Environmental Protection Agency believes in this
ideal. EPA's RE-Powering America's Land Initiative seeks to
develop renewable energy on contaminated land. Under this
initiative EPA does not limit contaminated land to just
brownfields. Resource Conservation and Recovery Act lands,
abandoned mine lands, landfills and superfund sites are all
considered under this initiative. In fact, EPA tracks
approximately 490,000 sites and 15 million acres of potentially
contaminated land across the United States.
Under EPA's initiative, there are 65 contaminated sites in
my home state of Oklahoma that could be used for renewable
energy development. S. 3374 would only consider 35 brownfields
sites in Oklahoma. In California, EPA's initiative identified
205 contaminated sites. S. 3374 would only consider the 6
brownfields sites and exclude the 199 other contaminated sites.
EPA's initiative identifies 75 sites in New Mexico, of which
only 9 brownfields would be eligible under S. 3374.
Brownfields are typically located in urban areas and are
much smaller in size and acreage as compared to other
contaminated lands. I feel that on the issue of location and
size alone, all contaminated land should be considered. There
is no logical reason to limit the choices, especially
considering that under S. 3374, EPA will be the agency
determining and awarding the grants.
James M. Inhofe.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT
OF 1980
* * * * * * *
Sec. 101. For purpose of this title--
(1) * * *
* * * * * * *
(42) Renewable electricity generation facility.--The
term `renewable electricity generation facility' means
a facility that generates renewable electricity from
wind energy, solar energy, or geothermal energy.
(43) Renewable energy manufacturing facility.--The
term `renewable energy manufacturing facility' means a
facility that manufactures components or systems for
use in generating renewable electricity from wind
energy, solar energy, or geothermal energy.
* * * * * * *
Sec. 104. (a)(1)* * *
* * * * * * *
(k) Brownfields Revitalization Funding.--
(1) Definition of eligible entity.--In this
subsection, the term ``eligible entity'' means--
(A) * * *
* * * * * * *
(11) Effect on federal laws.--Nothing in this
subsection affects any liability or response authority
under any Federal law, including--
(A) this Act (including the last sentence of
section 101(14));
(B) the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.);
(C) the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.);
(D) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.); and
(E) the Safe Drinking Water Act (42 U.S.C.
300f et seq.).
(12) Renewable electricity brownfield site funding.--
(A) In general.--The Administrator shall
establish a program to provide grants to--
(i) eligible entities, to be used for
capitalization of revolving loan funds
to provide assistance in accordance
with subparagraph (B); and
(ii) eligible entities or nonprofit
organizations, as determined by the
Administrator in accordance with
subparagraph (C), to be used directly--
(I) to inventory,
characterize, assess, and
conduct planning relating to 1
or more brownfield sites for
the purpose of locating a
renewable electricity
generation facility or a
renewable energy manufacturing
facility on those brownfield
sites; or
(II) for remediation of 1 or
more brownfield sites for the
purpose of locating a renewable
electricity generation facility
or a renewable energy
manufacturing facility on those
brownfield sites.
(B) Use of loan and grant funds provided by
eligible entities.--An eligible entity that
receives a grant under subparagraph (A)(i)
shall use the grant to provide assistance for a
purpose described in subparagraph (A)(ii) in
the form of 1 or more--
(i) loans to an eligible entity, site
owner, site developer, or other person;
or
(ii) grants to an eligible entity or
other nonprofit organization, where
warranted, as determined in accordance
with subparagraph (C) by the eligible
entity that is providing the
assistance.
(C) Considerations.--
(i) In general.--Not later than 90
days after the date of enactment of the
Cleanfields Investment Act, the
Administrator shall issue guidance
describing the considerations to be
used in determining whether a grant
under subparagraph (A) is warranted for
a purpose described in subparagraph
(A)(ii).
(ii) Use of guidance.--The guidance
issued under clause (i) shall be used
by the Administrator or an eligible
entity, as the case may be, to
determine whether a grant under
subparagraph (A) is warranted.
(D) Ranking criteria.--
(i) In general.--The Administrator
shall issue ranking criteria to be used
in determining whether a grant under
subparagraph (A) is warranted for a
purpose described in subparagraph
(A)(ii).
(ii) Use of ranking criteria.--The
ranking criteria issued under clause
(i) shall be used by the Administrator
or an eligible entity, as the case may
be, to determine whether a grant under
subparagraph (A) is warranted.
(E) Implementation.--Paragraphs (4), (5)(A),
(5)(B), and (6) through (11) shall apply to the
implementation of this paragraph.
[(12)](13) Funding.--
(A) Authorization of appropriations.--There
is authorized to be appropriated to carry out
this subsection 200,000,000 for each of fiscal
years 2002 through 2006.
(B) Use of certain funds.--Of the amount made
available under subparagraph (A), $50,000,000,
or, if the amount made available is less than
200,000,000, 25 percent of the amount made
available, shall be used for site
characterization, assessment, and remediation
of facilities described in section
101(39)(D)(ii)(II).
(C) Authorization of appropriations for
renewable electricity generation facility and
renewable energy manufacturing facility
brownfields funding.--There is authorized to be
appropriated to the Administrator, to fund
grants to inventory, characterize, assess, and
conduct planning relating to brownfield sites
for the purpose of locating renewable
electricity generation facilities or renewable
energy manufacturing facilities on those
brownfield sites, or for remediation of
brownfield sites for the purpose of locating
renewable electricity generation facilities or
renewable energy manufacturing facilities on
those brownfield sites, $50,000,000 for each of
fiscal years 2011 through 2016.