H.R. 8739 — Brownfields Revitalization for a Better Tomorrow Act

This section expands eligibility, increases funding limits, and modifies administration of the brownfields revitalization program under section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. (1) It adds section 501(c)(6) organizations to the definition of eligible entity. (2) It increases the per-site limit for remediation grants and loans to $1,000,000 (from $500,000). (3) It increases the cap on multipurpose grants to $2,000,000 (from $1,000,000). (4) It caps community-wide or site-by-site characterization and assessment grants at $500,000 per site and authorizes recipients to use up to 10 percent of grant or loan funds for demolition. (5) It adds ranking criteria favoring sites on former military installations and sites reused for activities described in section 41001(6)(A) of the FAST Act. (6) It requires the EPA Administrator to award noncompetitive technical assistance grants in FY2028 and FY2029 to help small-community applicants secure brownfields funding. (7) It directs the EPA Inspector General to conduct audits of program funds, grants, loans, and related state and tribal activities every two years beginning two years after enactment. (8) It waives the non-federal matching requirement for eligible entities in small communities or disadvantaged areas. (9) It authorizes appropriations of $123,500,000 for each of fiscal years 2027 through 2031.

This section reauthorizes funding for certain assistance to States under section 128(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 by (1) reducing the annual authorization of appropriations to $46,250,000 for each of fiscal years 2027 through 2031 (from $50,000,000 for each of fiscal years 2019 through 2023), and (2) requiring each State or Indian tribe receiving a grant to 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 grant-funded activities have occurred.

This section requires the Comptroller General to submit a report to Congress by September 30, 2028, reviewing the status, balances, loans, and barriers to additional lending for revolving loan funds capitalized with grants under section 104(k)(3)(A)(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 during fiscal years 2015 through 2025. This section requires the Administrator of the Environmental Protection Agency to submit a report to Congress by September 30, 2030, and an update by September 30, 2032, on the effects of grants provided under section 104(k)(7)(A)(ii) (as amended by this Act) to covered entities and applicants, including the status of related applications and funded activities. This section directs the Administrator to submit a report within two years of enactment to the House Committee on Energy and Commerce and the Senate Committee on Environment and Public Works analyzing the feasibility and usefulness of a new loan program for brownfield site assessment, remediation, and reuse (including demand for larger loans and remediation of complex sites), and to consult with Federal agencies, eligible entities, site owners, and developers. This section requires the Comptroller General to conduct a study identifying barriers to deletion or partial deletion of sites from the National Priorities List, including Federal-State coordination and opportunities to expedite deletions after remedial action completion. This section directs the Administrator to develop guidance within one year of enactment to assist Federal agencies in issuing authorizations and conducting environmental reviews for brownfield site projects, taking into account historic site data, prior NEPA reviews, assessment and remediation information, and community engagement, and to update the guidance periodically.