By Kevin McCarty
April 30, 2001

Mayors applauded the United States Senate for the chamber's unanimous approval April 25 of the "Brownfields Revitalization and Environmental Restoration Act of 2000" (S. 350), an action driven by strong support from President Bush, the nation's mayors and other supporters of the bipartisan legislation. On a decisive 99-0 vote, the Senate sent S. 350 to the House of Representatives, where leaders there have now been prompted to move brownfields legislation up on their agenda.

"The Mayors believe this legislation can dramatically improve the nation's efforts to recycle abandoned and the underutilized brownfield sites, providing new incentives and statutory reforms to speed the assessment, cleanup and redevelopment of these properties," said Conference President Boise Mayor H. Brent Coles.

"We're pleased that one of our top priorities has successfully cleared its first hurdle within the first 100 days of this new Administration. This legislation will incentivize private developers to redevelop brownfields," said Conference Vice President New Orleans Mayor Marc H. Morial. "Our Mayors have worked to get this land, this precious soil, returned to commerce. But without a federal partnership in place, we cannot do it. Now finally, the Beltway gridlock we've faced on this issue for so long is broken, and we're poised to do it," he added.

Conference Advisory Board Chair Boston Mayor Thomas M. Menino said, "I applaud the Senate's action today on this brownfields legislation. The funding from this bill is critical for both economic development and environmental remediation. It will result in the creation of jobs at all phases - remediation, construction and permanent jobs, while cleaning up core areas in our communities."

Elizabeth (NJ) Mayor J. Christian Bollwage, who has led the Conference's efforts on brownfields for several years as a co-chair of the Brownfields Task Force, said, "mayors have worked hard to make this a priority in Congress. This overwhelming vote should create the impetus for the House to move forward very quickly on brownfields legislation."

President Bush Praises Action

In a White House statement released just after the vote, President Bush said, "I am pleased that the Senate has passed legislation to clean up the nation's brownfields. Environmental reforms must set high standards and get results. This legislation will allow communities to reduce environmental and health risks, capitalize on existing infrastructure and create jobs. I commend the Senate for their bipartisan approach to this important environmental reform." EPA Administrator Christine Todd Whitman has been an early supporter of the Senate bipartisan legislation and was the first Bush cabinet official to join with Conference leaders at a press conference last month at the National Press Club, where she further emphasized the Administration's support for S. 350. "The Senate's 99-0 vote for S.350 is very exciting news. S.350 encourages Brownfields redevelopment by clarifying Superfund liability and funding Brownfields cleanups that will make our communities safer and cleaner," she said.

"I look forward to working with the House to earn its bipartisan endorsement of Brownfields legislation," Whitman said in anticipating House action on the legislation.

Senators Chafee, Smith, Reid and Boxer Lead Effort Successful Senate action on the legislation was the result of a strong bipartisan effort by the leadership of the Senate Environment and Public Works Committee.

During Senate floor debate, Committee Chair Senator Bob Smith (NH) said, "without the support of the President, we would not see this legislation become law. President Clinton, as well, was a supporter of the brownfields bill."

Smith also talked about how the legislation will help communities in New Hampshire and throughout the nation. "When you see a brownfield, an abandoned site, and you see activity, with people working and cleaning it up, and it is looking nice in your community, you can reference back to this legislation and know that is why it is being done."

"I urge the House to quickly take up of this legislation to provide President Bush with the opportunity to sign this bill into law," Smith said in comments following the Senate vote.

"We didn't just reach across the aisle to pass this bill, we reached out to all those who share an interest in this issue. Mayors, environmentalists, the business community, public health advocates, realtors, the administration and others all joined to help pass this bill in the Senate and we must continue that unified approach as this bill moves over to the House of Representatives," said Senator Harry Reid (NV), the Ranking Minority Member of the Senate Environment and Public Works Committee.

Senator Lincoln Chafee (RI), the original author of the legislation, which had garnered 70 cosponsors by the time the vote was taken, talked about his experience as the Mayor of Warwick. "As a former mayor, I understand the environmental, economic and social benefits that can be realized in our communities from revitalizing brownfields," he said.

Chafee, who chairs the Subcommittee panel with jurisdiction on these matters also reflected on his work with the Conference of Mayors. "While I was Mayor of Warwick, my fax machine constantly fed me alerts from The U.S. Conference of Mayors seeking my support for brownfields reform."

The ranking Democrat on the Subcommittee, Senator Barbara Boxer (CA), emphasized how the legislation addresses specific challenges for developers in recycling brownfields sites. "Our bills makes it clear that innocent parties will not be held liable under Superfund for the work they do at a brownfield site. This provision alone should help reduce the fear of developers and real estate interests, and it should lead to more cleanups," she said.

Provisions of S. 350

Among the provisions of S. 350, the legislation provides: 1) $150 million annually over the next five years in funding to cities and other local governments to support local assessment and cleanup efforts; 2) an additional $50 million annually over the next five years in funding to assist the cleanup of petroleum contaminated sites; 3) reforms that protect innocent parties from Superfund liability (e.g. developers, businesses, financial institutions, public agencies and others who take title, cleanup and redevelop brownfield sites); 4) more certainty on the authority of the states to make decisions affecting the cleanup of these sites as well as $50 million annually in funding to the states to bolster their brownfield cleanup programs; 5) a public record of brownfield sites and enhances community involvement in site cleanup and reuse; and 6) authority to the states to defer the listing sites on the National Priorities List if the state is taking action at the site.