[{"_1":2,"_110":-5,"_111":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,86,98],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":72,"_74":72},"mediaId",6247466,"mediaKeyId","3212890-dff69d933624865afbca876d4ca8a0c4","parentId",3212890,"title","Witnesses tell Congress CERCLA liability deters private investment; propose tax and statutory fixes including PFAS carve‑outs","audioSeconds",1888,"startMs",1117000,"endMs",3005000,"viewUrl","/Search/View?dp=1&key=3212890-dff69d933624865afbca876d4ca8a0c4&start=1117&end=3005","thumbnailUrl","https://assets.pipeline.soar.com/3212890-dff69d933624865afbca876d4ca8a0c4/thumbnail_1117000.jpg","articleUrl","/articles/6247466/Witnesses-tell-Congress-CERCLA-liability-deters-private-investment-propose-tax-and-statutory-fixes-including-PFAS-carveouts","mediaUrl","https://secure.pipeline.soar.com/6247466-43b9ee230ec66b412890380ff01ed6f3/orig.mp4?Expires=1771137925&Signature=dkvEGrGdwfOryx97CbHIIQ3tB4v8IV1lVJqwEPtNs61ZJVNHmKSQGFumfL1aW4Z9GQpAFnGHiGRvyBLAiEeRbbC03JlKOQbwVmcbue7drtQwCBXdPQpvDFuU25FKWGAgAE-uYXefL4VVVxZZ5aCSWv~R9MzNoe4Ux-IMS5YelLEiFnksEhVbDme9f2VGPqgxFg-g0nONAMrztYmpch17Ky08lSP51pDVqbMU6Cu~03ZdhfwAehoQbddcyJ5g69KamEOQHS3tRkP-DzjQbn9IQXdXpiRgtNWac~7PJzRgappOjJI2F~ipCO1Xk6vOu2x4vv9q3NRAkPrdT49KEgwKVg__&Key-Pair-Id=KUT5TJCACFTXG","author","U.S. House Committee on Transportation & Infrastructure","date","2025-05-08T04:26:41Z","article","Lawmakers and witnesses at the subcommittee hearing identified liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as a central impediment to brownfield redevelopment, and several witnesses urged Congress to consider statutory changes to reduce investment risk.

Why it matters: Multiple witnesses said that the uncertainty and potential for strict, joint-and-several CERCLA liability discourages developers and lenders from investing in contaminated properties, which in turn leaves sites idle and blighted. Witnesses proposed a set of legislative fixes they said would unlock private capital and accelerate cleanups.

“CERCLA liability is no joke,” Chairman Collins said during an opening statement; he warned the committee that possible responsibility under CERCLA can deter redevelopment even when a current owner was not negligent. Michael Goldstein, who has represented local governments and developers, testified: “The private sector wants to do more, but we need more help from Congress.” Goldstein proposed several statutory and tax changes designed to reduce financial uncertainty for developers and lenders.

Goldstein outlined seven proposals offered to the committee. Among them: renew the federal Brownfields tax incentive that lets parties deduct cleanup costs in the year they are spent; create a Brownfields loan‑guarantee program to leverage private capital for bridge financing; raise and expand Low‑Income Housing Tax Credit (LIHTC) incentives for affordable housing built on remediated brownfields; eliminate certain EPA match requirements and expand allowable EPA grant uses to include demolition and environmental insurance; allow EPA Brownfields grants to be available to for‑profit developers of affordable and workforce housing; and increase maximum grant awards to local governments and nonprofits.

On persistent contaminants, Goldstein also urged Congress to consider a targeted CERCLA exemption for PFAS (commonly called PFOS in testimony) where a party has voluntarily signed a state brownfield cleanup agreement and remediated the site under state law. He told members this would provide “immunity from CERCLA cost recovery and contribution claims, a hold on NPL status, immunity from citizen suits, and express immunity from lenders” for qualifying cleanups.

Lenders’ reluctance was described as a practical constraint. Goldstein said even a hint of environmental risk “tends to send conventional lenders fleeing,” and recommended a federal loan‑guarantee vehicle to shorten the financing gap. He also urged continuing and expanding data reporting and oversight so incentives fund high‑performing projects.

No legislative language was adopted at the hearing. Members asked witnesses to provide written details; the hearing record remains open for additional submissions. The proposals discussed would require statutory change to CERCLA and the Internal Revenue Code and would be subject to committee and floor action if pursued.","mediaType","Video","parentTitle","Cleaning Up the Past, Building the Future: The Brownfields Program","oneSentenceSummary","Lawmakers and witnesses at a House Transportation and Infrastructure subcommittee hearing identified CERCLA liability as a central barrier to brownfield redevelopment and heard proposals to lower investment risk through tax and statutory changes.","taxTitle","Transportation and Infrastructure: House Committee, Standing Committees - House & Senate, Congressional Hearings Compilation, Legislative, Federal","taxId",1827,"location","","headline","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":79,"_47":80,"_49":81,"_51":82,"_53":83,"_55":56,"_57":58,"_59":84,"_61":62,"_63":64,"_65":85,"_67":68,"_69":70,"_71":72,"_73":72,"_74":72},6247471,"House subcommittee hearing emphasizes Brownfields program’s role as redevelopment seed; reauthorization and funding debated",0,993000,"/Search/View?dp=1&key=3212890-dff69d933624865afbca876d4ca8a0c4&start=993&end=993","https://assets.pipeline.soar.com/3212890-dff69d933624865afbca876d4ca8a0c4/thumbnail_993000.jpg","/articles/6247471/House-subcommittee-hearing-emphasizes-Brownfields-programs-role-as-redevelopment-seed-reauthorization-and-funding-debated","https://secure.pipeline.soar.com/6247471-363de5bfaba5b778b04234bdb404179c/orig.mp4?Expires=1771137925&Signature=Fs6qturwSe4KKFtP3hgIYm-KAdeLs4cw2e1GxF6H4AahIzTr10I5BmkHFRRA8tFyhh3o5rcWvVPmYVnqKUksBvRYuWj7bp-UEcyXqIemo9Kn0AyVrIf5Gnz3QJsvIu9iAYcCHVgh3~ZIncEUwG8cNODveAa6DgMb3sR~AKsDlHxySKE4PomJ-SpbJutb30ILbDR4kRmQ1anG-pF~dRvAkWmwTNZ5C8LGIXbjSLJ~~SHc8t4RzRbVrBOgUO~MtX2xzH32HfPXc8m-AOEdkXxnM8DzR6JZCqjhgK~Ouiz2-P2JIwkrRtzl-QBI13jj6vIsPjsFF9eeXLPd2wqDlfHZCQ__&Key-Pair-Id=KUT5TJCACFTXG","The House Transportation and Infrastructure Subcommittee on Water Resources and Environment held a hearing to examine U.S. Environmental Protection Agency (EPA) Brownfields program funding, its outcomes on redevelopment, and options for reauthorization and program improvement. Witnesses from county, state and private-sector perspectives testified about local projects, program metrics and the effects of federal budget uncertainty.

Why it matters: EPA estimates more than 450,000 brownfield sites nationwide and says the Brownfields program has prepared more than 10,800 properties for productive reuse, leveraged over $40.4 billion in cleanup and redevelopment funding and helped create or leverage more than 270,000 jobs. Subcommittee members framed reauthorization and annual appropriations as the mechanism that determines how many future projects can move from idle or contaminated sites back onto tax rolls.

County and state witnesses described local results and needs. Terry Wilbur, Oswego County clerk, testifying on behalf of the National Association of Counties, said, “The EPA brownfields program is a highly effective federal program that helps counties redevelop underutilized contaminated sites to reinvigorate communities and their economies as well.” Wilbur described projects in his upstate New York county that used assessment grants to identify 25 brownfield sites and to leverage private investment for riverfront housing that returned properties to the tax base.

Lisa Shook, assistant chief of the Environmental Response and Remediation Division at the Ohio Environmental Protection Agency, said Ohio used a mix of federal and state funds to expand assessments and reuse planning: “Last federal fiscal year, Ohio funded 20 assessments through our standard allocation and 63 through our supplemental allocation provided by the Infrastructure Investment and Jobs Act.” She described state voluntary cleanup programs and long-term oversight to keep remediated sites protective of health and environment.

Federal program context: Lance Larson of the Congressional Research Service summarized the statutory framework: Brownfields authorities are tied to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Congress has used reauthorization and appropriations to fund competitive assessment and cleanup grants as well as formula grants to states and tribes. Witnesses noted that the bipartisan Infrastructure Investment and Jobs Act provided an additional $1.5 billion for Brownfields over five years, and that Congress has discretion to reauthorize programmatic caps and grant criteria.

Budget concerns and local consequences were raised repeatedly. Ranking Member Wilson noted that proposed administration cuts to EPA risked halting projects and warned of consequences for communities that rely on seed federal funding to attract private investment. Michael Goldstein, a managing partner at Goldstein Environmental Law Firm, described how EPA and state grants can trigger much larger private investments when paired with local incentives; he urged Congress to preserve and expand funding that leverages private capital.

The subcommittee left the hearing record open for follow-up questions and for 15 days of supplemental material from members and witnesses. No formal legislative action was taken during the hearing; lawmakers said reauthorization would be considered in future committee work and that annual appropriations will determine program scale going forward.","A House Transportation and Infrastructure subcommittee hearing examined EPA’s Brownfields grants, the program’s track record in readying sites for reuse and leveraging private investment, and lawmakers’ questions about reauthorization and proposed federal funding cuts.",{"_33":87,"_35":36,"_37":38,"_39":88,"_41":89,"_43":90,"_45":91,"_47":92,"_49":93,"_51":94,"_53":95,"_55":56,"_57":58,"_59":96,"_61":62,"_63":64,"_65":97,"_67":68,"_69":70,"_71":72,"_73":72,"_74":72},6247456,"Witnesses urge Congress to use Brownfields tools and tax credits to expand affordable housing on remediated sites",539,2756000,3295000,"/Search/View?dp=1&key=3212890-dff69d933624865afbca876d4ca8a0c4&start=2756&end=3295","https://assets.pipeline.soar.com/3212890-dff69d933624865afbca876d4ca8a0c4/thumbnail_2756000.jpg","/articles/6247456/Witnesses-urge-Congress-to-use-Brownfields-tools-and-tax-credits-to-expand-affordable-housing-on-remediated-sites","https://secure.pipeline.soar.com/6247456-83aefbf54a43f8ef4f27a2b318cf20c3/orig.mp4?Expires=1771137925&Signature=OPqmtmzqnnKofPW5Fzpyha1H4bHTiQXYITviu7taTiLETZ04ReAzrQ6wC-b9zKzvp5VfcuvIO~6rhRrzQagePSmgV7UPpHUuqsYOCo0igb1flQQUem5cv9kRe3aJDrPTY3QhapNnsNooB8mTgXYERyBPqKJkELAWlofFC~0Z--fJ53166H6nNpdwerSREAP6IGthYOEkya8tTHP1wnFj~br1DUJ~z5zmS9qOQY7pvbk8Lw4WOi-PePNx6dqjG~Cao-UGCeKpw18qFccClJokKhBixoaJi0CT4lFLqRxPUDTRZeVw9e00ENgT2tqMykeexK0pz7mpMvVpKknr-9df-w__&Key-Pair-Id=KUT5TJCACFTXG","Subcommittee members and witnesses discussed targeted incentives to encourage affordable and workforce housing development on remediated brownfield sites, including changes to tax credits and eligibility of certain grants for for‑profit affordable housing developers.

Why it matters: Several witnesses argued that standard Brownfields grants and state cleanup programs often do not provide sufficient capital to cover the incremental cost and risk of making brownfield sites safe for residential use; they urged tax and financing tools to bridge the gap for affordable housing developers.

Michael Goldstein proposed specific adjustments to the Low‑Income Housing Tax Credit (LIHTC) and related incentives. In his testimony he recommended amending Internal Revenue Code section 42 to “increase the low income housing tax credit to 12%, the stepped up basis to a 50%, and to create a new one‑time LIHTC in the amount of 80% of the cost of land acquisition and demolition.” He also urged making federal Brownfields grants usable by for‑profit developers of affordable and workforce housing and allowing grant funds to cover demolition, environmental insurance and other costs.

Witnesses pointed to concrete examples where cleanup seed funding helped produce housing. Terry Wilbur described two Oswego County riverfront projects, Stephen Door Lofts and Harborview Apartments, that together created 108 housing units and five commercial leasing spaces and leveraged roughly $30 million in private investment after assessment grants identified and reduced environmental risk.

Members asked about infrastructure needs associated with housing on brownfields — sewer, water and roads — and witnesses agreed that pairing cleanup incentives with infrastructure financing increases the feasibility of housing projects. Goldstein suggested expanding other federal programs (for example, New Markets Tax Credit and Opportunity Zones) or creating carve‑outs for brownfield redevelopment to attract long‑term private capital.

No legislation was enacted at the hearing. Witnesses were asked to provide written detail on fiscal impacts and program drafts; the record remains open for follow‑up submissions.","Witnesses and members discussed using Brownfields funds, Low‑Income Housing Tax Credit changes and other incentives to expand affordable housing on remediated brownfield sites; examples included riverfront housing in Oswego County and larger Miami‑area projects.",{"_33":99,"_35":36,"_37":38,"_39":100,"_41":101,"_43":102,"_45":103,"_47":104,"_49":105,"_51":106,"_53":107,"_55":56,"_57":58,"_59":108,"_61":62,"_63":64,"_65":109,"_67":68,"_69":70,"_71":72,"_73":72,"_74":72},6247461,"Rural counties, states say paperwork, grant structure and revolving‑loan practices slow Brownfields work; witnesses propose administrative reforms",5364,1866000,7230000,"/Search/View?dp=1&key=3212890-dff69d933624865afbca876d4ca8a0c4&start=1866&end=7230","https://assets.pipeline.soar.com/3212890-dff69d933624865afbca876d4ca8a0c4/thumbnail_1866000.jpg","/articles/6247461/Rural-counties-states-say-paperwork-grant-structure-and-revolvingloan-practices-slow-Brownfields-work-witnesses-propose-administrative-reforms","https://secure.pipeline.soar.com/6247461-21828aaeab0bdaf86fd2651ac949ed46/orig.mp4?Expires=1771137925&Signature=GKPvhJ-leG7I1xSfsQ0nzboiboQ4yZlkEgD2yPnihrfjeRLT31r54Yvx~8l7wASmfe~b3qkkMSYEalFvF3wkEcwuQ~HY53KBsL48MMD9A3P0OG9gurAhBp4AlJOQQteSwzNuYK2evJOiVI30QtgWOjYx2rJDaLeSIRANN1fOIToyJFH~KVya7DE6C~yeMUWj6iUZTOXvVm3fcTqoHjs~fz-mlOh127wh9hWrDFnY0PBES8d9MDYCGaSYxaf8SV2ApetpvznMG-jI~efp4I6xGL3WqqNF~yu988Achm2fUdM~In4M8AXKZcJ1nBmBpH5veswkuiBgkioeJjvxiVbncQ__&Key-Pair-Id=KUT5TJCACFTXG","Witnesses described how administrative requirements and grant design affect the ability of small or rural communities to use Brownfields funds. Officials said existing reporting and application burdens, grant ceilings and revolving‑loan fund (RLF) practices can slow or block remediation and redevelopment in communities with limited staff.

Why it matters: Small counties and rural communities frequently lack grant writers, environmental legal counsel and in‑house accountants, witnesses said. Those capacity limits make it harder to apply for competitive EPA grants, administer awards and meet reporting rules, which in turn reduces the number of remediated properties in those jurisdictions.

Terry Wilbur, Oswego County clerk, described staffing limits and administrative strain: “We have a small staff ... we have 1 county attorney to work on this, and we have 1 chief accountant in the whole county.” Wilbur asked Congress to increase program authorization levels, raise cleanup grant ceilings to $1,000,000 with flexibility to award up to $2,000,000 for complex cleanups, and to permit a modest portion of grant funds to cover administrative costs.

State officials described how federal‑state partnerships function in practice. Lisa Shook of Ohio EPA described the agency’s role as a front door for smaller communities: state 128(a) funds and technical assistance help communities prepare for competitive grants and match state cleanup dollars with EPA funding, while voluntary cleanup programs establish standards and long‑term oversight.

Revolving loan funds drew scrutiny. Michael Goldstein said some RLF grantees were slow to deploy capital because they set interest rates too high; he recommended congressional direction and tighter program rules to reduce rates and increase deployment. In response to a committee question asking what cap he would favor, Goldstein said the “best case scenario would be a 0% interest loan.”

Other proposals discussed at the hearing included allowing EPA grants to cover demolition and environmental insurance, eliminating match requirements for some grants, expanding allowable administrative costs and moving more Brownfields dollars to state block grants so states can distribute funds quickly to communities in need.

No committee votes were held. Witnesses were asked to supply written details and cost estimates for legislative options; the hearing record remains open for follow‑up materials.","County and state witnesses told the subcommittee that administrative burdens and current grant structures limit rural participation in Brownfields programs, and identified fixes including higher cleanup ceilings, administrative caps, elimination of match requirements and limits on RLF interest rates.","actionData","errors"]

Article not found

Witnesses tell Congress CERCLA liability deters private investment; propose tax and statutory fixes including PFAS carve‑outs

House subcommittee hearing emphasizes Brownfields program’s role as redevelopment seed; reauthorization and funding debated

Witnesses urge Congress to use Brownfields tools and tax credits to expand affordable housing on remediated sites

Rural counties, states say paperwork, grant structure and revolving‑loan practices slow Brownfields work; witnesses propose administrative reforms