SECTION 1. Short title.

SEC. 2. Redevelopment certainty for governmental entities.

SEC. 3. Petroleum brownfield enhancement.

“(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”.

SEC. 4. Clarification of leaseholder interest.

(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 10 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.”.

SEC. 5. Expanded eligibility for nonprofit organizations.

SEC. 6. Treatment of publicly owned brownfield sites.

(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.”; and

(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.”.

SEC. 7. Remediation grant enhancement.

SEC. 8. Multipurpose brownfields grants.

(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, technical assistance, or remediation activities at 1 or more brownfield sites in an area proposed by the eligible entity.

“(B) GRANT AMOUNTS.—Each grant awarded under this paragraph shall not exceed $1,000,000.

“(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)”.

SEC. 9. Administrative costs for grant recipients.

(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.”.

SEC. 10. Renewable energy on brownfield sites.

“(xi) The extent to which a grant would facilitate the production of renewable energy on the site.”.

SEC. 11. Small community technical assistance grants.

(1) by striking “The Administrator may provide, or fund eligible entities or nonprofit organizations to provide,” and inserting the following:

“(i) IN GENERAL.—The Administrator may provide, or fund eligible entities to provide,”; and

(2) by adding at the end the following:

“(ii) SMALL COMMUNITY, INDIAN TRIBE, RURAL AREA, AND DISADVANTAGED AREA RECIPIENTS.—

“(I) IN GENERAL.—The Administrator shall use not more than $1,500,000 of the amounts made available to carry out this paragraph in each fiscal year to make grants to States that receive amounts under section 128(a) in that fiscal year to assist small communities, Indian tribes, rural areas, or disadvantaged areas in the State in carrying out activities described in clause (i) with respect to brownfield sites.

“(II) LIMITATION.—Each grant made under subclause (I) shall be not more than $20,000.

“(iii) 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 20,000 individuals, as determined by the President based on the latest available decennial census.”.

SEC. 12. Brownfields funding.

“(13) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $200,000,000 for each of fiscal years 2017 through 2021.”.

SEC. 13. State response program funding.

“(3) FUNDING.—There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2017 through 2021.”.