H.R. 3017House115th Congress (2017-2019)Passed House

Brownfields Enhancement, Economic Redevelopment, and Reauthorization Act of 2017

Introduced June 22, 2017

AI-Generated Summary

Updated April 15, 2026 at 4:35 PM UTC

The Brownfields Enhancement, Economic Redevelopment, and Reauthorization Act of 2017 updates the federal brownfields program under CERCLA. It expands who can receive brownfields grants, raises funding limits, adds new grant types, and clarifies rules for government‑owned, leasehold, and petroleum‑contaminated sites. The changes affect state and local governments, nonprofit and community groups, Indian tribes, and other eligible entities that clean up or redevelop contaminated lands.

Key Provisions

  • Broadens eligibility to include 501(c)(3) nonprofits, certain LLCs, limited partnerships, and qualified community‑development entities.
  • Clarifies that government entities acquiring land through seizure, bankruptcy, tax delinquency, abandonment, or similar actions are treated as owners for brownfields purposes.
  • Updates the definition of petroleum brownfields to cover sites with no viable responsible party and where cleanup is done by a non‑liable party.
  • Adds specific rules for leaseholders, requiring a lease term of at least five years and giving them responsibility for hazardous‑substance management.
  • Creates an exemption allowing publicly owned brownfield sites acquired before Jan. 11, 2002 to receive grants even if they are not bona‑fide prospective purchasers.
  • Raises the maximum remediation grant from $200,000 to $500,000 per site (waivable up to $750,000).
  • Establishes multipurpose brownfields grants up to $1 million per award, with a 5‑year use requirement and a cap of 15% of annual program funds.
  • Allows eligible entities to use up to 5% of grant funds for administrative costs, excluding investigation, response, or monitoring activities.
  • Adds consideration of renewable‑energy production potential when awarding grants.
  • Creates small‑community technical assistance grants (up to $20,000 each, $1.5 million total per year) for small towns, Indian tribes, rural and disadvantaged areas.
  • Authorizes $200 million per fiscal year for brownfields activities (FY 2018‑2022) and $50 million per year for state response programs.

Legislative Activity

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23 earlier actions
SenateIntro Referral Latest Action

Received in the Senate.

December 1, 2017

View full timeline
HouseIntro Referral

Introduced in House

June 22, 2017

HouseIntro Referral

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.

June 22, 2017

HouseCommittee

Referred to the Subcommittee on Health.

June 23, 2017

HouseCommittee

Referred to the Subcommittee on Environment.

June 23, 2017

HouseCommittee

Referred to the Subcommittee on Water Resources and Environment.

June 23, 2017

HouseCommittee

Committee Consideration and Mark-up Session Held.

June 28, 2017

HouseCommittee

Ordered to be Reported by Voice Vote.

June 28, 2017

HouseCommittee

Reported by the Committee on Energy and Commerce. H. Rept. 115-303, Part I.

September 11, 2017

HouseIntro Referral

House Committee on Transportation Granted an extension for further consideration ending not later than Oct. 13, 2017.

September 11, 2017

HouseIntro Referral

House Committee on Transportation Granted an extension for further consideration ending not later than Nov. 9, 2017.

October 12, 2017

HouseCommittee

Committee on Transportation discharged.

November 9, 2017

HouseCalendars

Placed on the Union Calendar, Calendar No. 298.

November 9, 2017

HouseFloor

Rules Committee Resolution H. Res. 631 Reported to House. The rules provides 1 hour of general debate on both bills. For H.R. 3017, the bill is closed to amendments. For H.R. 3905, the rule provides for a specified amendment. The rule also provides for one motion to recommit with or without instructions on each bill.

November 28, 2017 • 6:53 PM

HouseFloor

Considered under the provisions of rule H. Res. 631. (consideration: CR H9538-9547)

November 30, 2017 • 2:18 PM

HouseFloor

The rules provides 1 hour of general debate on both bills. For H.R. 3017, the bill is closed to amendments. For H.R. 3905, the rule provides for a specified amendment. The rule also provides for one motion to recommit with or without instructions on each bill.

November 30, 2017 • 2:18 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 3017.

November 30, 2017 • 2:19 PM

HouseFloor

DEBATE - The House resumed debate on H.R. 3017.

November 30, 2017 • 2:56 PM

HouseFloor

The previous question was ordered pursuant to the rule.

November 30, 2017 • 3:16 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 3017, the Chair put the question on passage of the bill, and by voice vote announced that the ayes had prevailed. Mr. Shimkus demanded the yeas and nays, and the Chair postponed further proceedings on the question of passage until later in the legislative day.

November 30, 2017 • 3:16 PM

HouseFloor

Considered as unfinished business. (consideration: CR H9559)

November 30, 2017 • 4:52 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 409 - 8 (Roll no. 649).(text: CR H9539-9540)

November 30, 2017 • 5:01 PM

HouseFloor

On passage Passed by the Yeas and Nays: 409 - 8 (Roll no. 649). (text: CR H9539-9540)

November 30, 2017 • 5:01 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

November 30, 2017 • 5:01 PM

SenateIntro Referral

Received in the Senate.

December 1, 2017

Amendments

1 amendment

Offered to this bill

Floor Debate

23 members

What members said about H.R. 3017 on the floor

11 Republicans12 Democrats
James P. McGovern
Rep. James P. McGovernD-MA-2 · Nov 29, 2017

Mr. Speaker, I yield myself such time as I may consume, and I thank the gentlewoman from Wyoming for yielding me the customary 30 minutes. (Mr. McGOVERN asked and was given permission to revise and…

Gerald E. Connolly
Rep. Gerald E. ConnollyD-VA-11 · Nov 30, 2017

Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I rise in opposition to H.R. 4182, the Ensuring a Qualified Civil Service Act. This bill potentially weakens the Federal civil…

James Comer
Rep. James ComerR-KY-1 · Nov 30, 2017

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 4182. Mr. Chairman, I yield…

Liz Cheney
Rep. Liz CheneyR-WY · Nov 29, 2017

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 631 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

John Shimkus
Rep. John ShimkusR-IL-15 · Nov 30, 2017

Mr. Speaker, pursuant to House Resolution 631, I call up the bill (H.R. 3017) to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to reauthorize and improve the…

Show 8 more
Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Nov 30, 2017

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, EPA's brownfields program has changed the way contaminated property is perceived, addressed, and managed. I was proud to work with…

Bill Posey
Rep. Bill PoseyR-FL-8 · Jan 9, 2018

Mr. Speaker, I respectfully include in the Record my intended votes for November 28 through December 1, 2017. I was feeling under the weather, and at the advice of my doctor I was told to rest and…

Greg Walden
Rep. Greg WaldenR-OR-2 · Nov 30, 2017

Mr. Speaker, I rise today in support of H.R. 3017, the Brownfields Enhancement, Economic Redevelopment, and Reauthorization Act of 2017, sponsored by our fellow Energy and Commerce Committee member,…

David B. McKinley
Rep. David B. McKinleyR-WV-1 · Nov 30, 2017

Mr. Speaker, I, too, rise today in strong support of H.R. 3017, the Brownfields Enhancement, Economic Redevelopment, and Reauthorization Act, and I am pleased to be a sponsor of this bipartisan…

Jamie Raskin
Rep. Jamie RaskinD-MD-8 · Nov 30, 2017

Mr. Chair, I thank Mr. Connolly for his invitation, and I am delighted to be here to speak out against H.R. 4182, the so-called Ensuring a Qualified Civil Service Act. The first complaint I have got…

Paul Tonko
Rep. Paul TonkoD-NY-20 · Nov 30, 2017

Mr. Speaker, I thank the gentleman from New Jersey, our ranker, who has done great work on this bill, for yielding. Mr. Speaker, the bill before us today represents what we can accomplish when we…

Elijah E. Cummings
Rep. Elijah E. CummingsD-MD-7 · Nov 30, 2017

Mr. Chair, I rise in opposition to H.R. 4182, the EQUALS Act. My Republican colleagues have offered a legislative solution to a problem that does not exist. The Oversight Committee has not held a…

Anna G. Eshoo
Rep. Anna G. EshooD-CA-18 · Nov 29, 2017

Mr. Speaker, I thank the gentleman for yielding time to me. Mr. Speaker, I rise in opposition to the rule, and I urge my colleagues to defeat the previous question so that the House can vote on my…

Show 11 more
Alcee L. Hastings
Rep. Alcee L. HastingsD-FL-20 · Nov 30, 2017

Mr. Chair, I have an amendment at the desk. Mr. Chairman, for far too long, the Republican majority in Congress has treated Federal workers as if they are the problem. We have spent years beating up…

Peter A. DeFazio
Rep. Peter A. DeFazioD-OR-4 · Nov 30, 2017

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, we had joint jurisdiction over this legislation, and, for the most part, this is a good product. I was actually the ranking member on the…

Bruce Westerman
Rep. Bruce WestermanR-AR-4 · Nov 29, 2017

Mr. Speaker, I thank my friend and colleague from Wyoming (Ms. Cheney) for yielding to me. Mr. Speaker, I rise today in support of this rule for H.R. 3905 as well as the underlying bill. Mr. Speaker,…

Tom Emmer
Rep. Tom EmmerR-MN-6 · Nov 29, 2017

Mr. Speaker, today's debate on H.R. 3905, Minnesota's Economic Rights in the Superior National Forest Act, also known as the MINER Act, is not just important to the great State of Minnesota: this…

Grace F. Napolitano
Rep. Grace F. NapolitanoD-CA-32 · Nov 30, 2017

Mr. Speaker, I thank Mr. Pallone and Mr. Shimkus for their hard work. Mr. Speaker, I am pleased to rise today in support of the Environmental Protection Agency's brownfields program, H.R. 3017, a…

Elizabeth H. Esty
Rep. Elizabeth H. EstyD-CT-5 · Nov 30, 2017

Mr. Speaker, I rise in support of the Brownfields Enhancement, Economic Redevelopment, and Reauthorization Act of 2017. I want to thank my colleagues on the Energy and Commerce Committee, Congressman…

Jason Lewis
Rep. Jason LewisR-MN-2 · Nov 29, 2017

Mr. Speaker, I sincerely hope that our friends on the other side of the aisle will soon get over their obsession with the 2016 election and actually work with the majority on genuine tax reform,…

Bruce Poliquin
Rep. Bruce PoliquinR-ME-2 · Nov 30, 2017

Mr. Speaker, I appreciate the opportunity to speak on this very important bill. Mr. Speaker, Maine is vacationland. We have a population in Maine of only 1.3 million people, but every year we have…

John Shimkus
Rep. John ShimkusR-IL-15 · Nov 29, 2017

Mr. Speaker, I thank the chairman and my good friend, Mr. McGovern, for the kind words. What we did here was simple. It is not always simple to get through the legislative process, but what we…

Paul A. Gosar
Rep. Paul A. GosarR-AZ-4 · Nov 29, 2017

Mr. Speaker, I rise today in support of the rule and H.R. 3905, the Minnesota Economic Rights in the Superior National Forest Act. 17,000 jobs, $3 billion for education, $1.5 billion in annual wages,…

Wm. Lacy Clay
Rep. Wm. Lacy ClayD-MO-1 · Nov 29, 2017

Mr. Speaker, I thank my friend from Massachusetts for yielding. Mr. Speaker, I rise today to offer a special welcome to the President of the United States as he visits my home State of Missouri,…

Bill Text

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Received in SenateIssued December 1, 2017

II

115th CONGRESS

1st Session

H. R. 3017

IN THE SENATE OF THE UNITED STATES

December 1, 2017

Received

AN ACT

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to reauthorize and improve the brownfields program, and for other purposes.

1.

Short title

This Act may be cited as the Brownfields Enhancement, Economic Redevelopment, and Reauthorization Act of 2017.

2.

Redevelopment certainty for governmental entities

Section 101(20)(D) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(20)(D)) is amended by striking ownership or control and all that follows through by virtue and inserting ownership or control through seizure or otherwise in connection with law enforcement activity, or through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government acquires title by virtue.

3.

Petroleum brownfield enhancement

Section 101(39)(D)(ii)(II) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(39)(D)(ii)(II)) is amended by amending item (bb) to read as follows:

(bb)

is a site for which there is no viable responsible party and that is determined by the Administrator or the State, as appropriate, to be a site that will be assessed, investigated, or cleaned up by a person that is not potentially liable for cleaning up the site under this Act or any other law pertaining to the cleanup of petroleum products; and

.

4.

Clarification of leaseholder interest

Section 101(40) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(40)) is amended—

(1)

in the matter preceding subparagraph (A), by striking (or a tenant of a person) that acquires ownership of and inserting who acquires ownership of, or a leasehold interest in,;

(2)

in subparagraph (A), by inserting or the leasehold interest in the facility before the period at the end;

(3)

in subparagraph (B)—

(A)

in clause (ii), by inserting with respect to a person who acquires ownership of a facility. The Administrator shall establish standards and practices with respect to a person who acquires a leasehold interest in a facility before the period at the end; and

(B)

in clause (iii), by inserting , or acquisition of a leasehold interest, after time of purchase;

(4)

in subparagraph (H)(i)(II), by inserting , by the instruments by which the leasehold interest in the facility is acquired after January 11, 2002, after financed; and

(5)

by adding at the end the following:

(I)

Leaseholders

In the case of a person holding a leasehold interest in a facility—

(i)

the leasehold interest in the facility—

(I)

is for a term of not less than 5 years; and

(II)

grants the person control of, and access to, the facility; and

(ii)

the person is responsible for the management of all hazardous substances at the facility.

.

5.

Expanded eligibility for nonprofit organizations

(a)

Nonprofit organizations

Section 104(k)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(1)) is amended—

(1)

in subparagraph (G), by striking or after the semicolon;

(2)

in subparagraph (H), by striking the period at the end and inserting a semicolon; and

(3)

by adding at the end the following:

(I)

an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code;

(J)

a limited liability corporation in which all managing members are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I);

(K)

a limited partnership in which all general partners are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); or

(L)

a qualified community development entity (as defined in section 45D(c)(1) of the Internal Revenue Code of 1986).

.

(b)

Conforming amendments

Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended—

(1)

in paragraph (3)—

(A)

in subparagraph (A)(ii)—

(i)

by striking or nonprofit organizations; and

(ii)

by striking entity or organization and inserting eligible entity; and

(B)

in subparagraph (B)(ii)—

(i)

by striking or other nonprofit organization; and

(ii)

by striking or nonprofit organization; and

(2)

in paragraph (6)(A), by striking or nonprofit organizations.

6.

Treatment of publicly owned brownfield sites

Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604) is amended—

(1)

in paragraph (2), by adding at the end the following:

(C)

Exemption for certain publicly owned brownfield sites

Notwithstanding any other provision of law, an eligible entity described in any of subparagraphs (A) through (H) of paragraph (1) may receive a grant under this paragraph for property acquired by that eligible entity prior to January 11, 2002, even if such eligible entity does not qualify as a bona fide prospective purchaser, so long as the eligible entity has not caused or contributed to a release or threatened release of a hazardous substance at the property.

;

(2)

in paragraph (3), by adding at the end the following:

(E)

Exemption for certain publicly owned brownfield sites

Notwithstanding any other provision of law, an eligible entity described in any of subparagraphs (A) through (H) of paragraph (1) may receive a grant or loan under this paragraph for property acquired by that eligible entity prior to January 11, 2002, even if such eligible entity does not qualify as a bona fide prospective purchaser, so long as the eligible entity has not caused or contributed to a release or threatened release of a hazardous substance at the property.

; and

(3)

in paragraph (4)(B)(iii)—

(A)

by striking up to 25 percent of the; and

(B)

by inserting described in any of subparagraphs (A) through (H) of paragraph (1) after eligible entities.

7.

Remediation grant enhancement

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 $200,000 for each site to be remediated and inserting $500,000 for each site to be remediated, which limit may be waived by the Administrator, but not to exceed a total of $750,000 for each site, based on the anticipated level of contamination, size, or ownership status of the site.

8.

Multipurpose brownfields grants

Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended—

(1)

by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively;

(2)

in paragraph (3)(A), by striking Subject to paragraphs (4) and (5) and inserting Subject to paragraphs (5) and (6);

(3)

by inserting after paragraph (3) the following:

(4)

Multipurpose brownfields grants

(A)

In general

Subject to subparagraph (D) and paragraphs (5) and (6), the Administrator shall establish a program to provide multipurpose grants to an eligible entity based on the criteria under subparagraph (C) and the considerations under paragraph (3)(C), to carry out inventory, characterization, assessment, planning, or remediation activities at 1 or more brownfield sites in an area proposed by the eligible entity.

(B)

Grant amounts

(i)

Individual grant amounts

Each grant awarded under this paragraph shall not exceed $1,000,000.

(ii)

Cumulative grant amounts

The total amount of grants awarded for each fiscal year under this paragraph may not exceed 15 percent of the amounts made available for the fiscal year to carry out this subsection.

(C)

Criteria

In awarding a grant under this paragraph, the Administrator shall consider the extent to which the eligible entity is able—

(i)

to provide an overall plan for revitalization of the 1 or more brownfield sites in the proposed area in which the multipurpose grant will be used;

(ii)

to demonstrate a capacity to conduct the range of activities that will be funded by the multipurpose grant; and

(iii)

to demonstrate that a multipurpose grant will meet the needs of the 1 or more brownfield sites in the proposed area.

(D)

Condition

As a condition of receiving a grant under this paragraph, each eligible entity shall expend the full amount of the grant not later than the date that is 5 years after the date on which the grant is awarded to the eligible entity, unless the Administrator provides an extension.

(E)

Ownership

An eligible entity that receives a grant under this paragraph may not expend any of the grant funds on remediation of a brownfield site until such time as the eligible entity owns the brownfield site.

; and

(4)

by striking (2) or (3) each place it appears and inserting (2), (3), or (4).

9.

Administrative costs for grant recipients

Paragraph (5) 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 8 of this Act) is amended—

(1)

in subparagraph (B)—

(A)

in clause (i)—

(i)

by striking subclause (III); and

(ii)

by redesignating subclauses (IV) and (V) as subclauses (III) and (IV), respectively;

(B)

by striking clause (ii);

(C)

by redesignating clause (iii) as clause (ii); and

(D)

in clause (ii) (as redesignated by subparagraph (C) of this paragraph), by striking Notwithstanding clause (i)(IV) and inserting Notwithstanding clause (i)(III); and

(2)

by adding at the end the following:

(E)

Administrative costs

(i)

In general

An eligible entity may use up to 5 percent of the amounts made available under a grant or loan under this subsection for administrative costs.

(ii)

Restriction

For purposes of clause (i), the term administrative costs does not include—

(I)

investigation and identification of the extent of contamination of a brownfield site;

(II)

design and performance of a response action; or

(III)

monitoring of a natural resource.

.

10.

Renewable energy on brownfield sites

Paragraph (6) 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 8 of this Act) is amended by adding at the end of subparagraph (C) the following:

(xi)

The extent to which a grant would facilitate the production of renewable energy on the site.

.

11.

Small community technical assistance grants

(a)

In general

Section 128(a)(1)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(1)(B)) is amended—

(1)

in clause (ii)—

(A)

in subclause (I), by striking ; or and inserting a semicolon;

(B)

in subclause (II), by striking the period at the end and inserting ; or; and

(C)

by adding at the end the following:

(III)

assist small communities, Indian tribes, rural areas, or disadvantaged areas in carrying out activities described in section 104(k)(7)(A) with respect to brownfield sites.

; and

(2)

by adding at the end the following:

(iii)

Small communities, Indian tribes, rural areas, and disadvantaged areas

(I)

In general

To make grants to States or Indian tribes under clause (ii)(III), the Administrator may use not more than $1,500,000 of the amounts made available to carry out section 104(k)(7) in each fiscal year.

(II)

Limitation

Each grant made under subclause (I) may be not more than $20,000.

(iv)

Definitions

In this subparagraph:

(I)

Disadvantaged area

The term disadvantaged area means a community with an annual median household income that is less than 2⁄3 of the statewide annual median household income, as determined by the President based on the latest available decennial census.

(II)

Small community

The term small community means a community with a population of not more than 10,000 individuals, as determined by the President based on the latest available decennial census.

.

(b)

Conforming amendment

Section 104(g)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(g)(1)) is amended by inserting or section 128(a)(1)(B)(ii)(III) after under this section.

12.

Brownfields funding

Paragraph (13) 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 8 of this Act) is amended to read as follows:

(13)

Authorization of appropriations

There is authorized to be appropriated to carry out this subsection $200,000,000 for each of fiscal years 2018 through 2022.

.

13.

State response program funding

Section 128(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is amended to read as follows:

(3)

Funding

There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2018 through 2022.

.

Passed the House of Representatives November 30, 2017.

Karen L. Haas,

Clerk