On October 13, the House moved another step closer in the legislative process to reform the nation's Superfund law and help cities with brownfields redevelopment when the House Commerce Committee voted 30-21 to report its legislation (H.R. 2580) on these matters.

The Committee's action was both partisan and protracted, following lively debates and essentially partisan votes on numerous amendments.

After several hours of work, including action on nearly 30 amendments, the panel reported H.R. 2580, a package which was largely developed by Representative James Greenwood (PA) and a small bipartisan group of House members.

On final passage, however, only two Committee Democrats joined with Republican panel members to report out the legislation.  As approved, H.R. 2580 includes numerous provisions sought by cities and others in redeveloping brownfields and in securing relief from existing Superfund rules.  Specifically, H.R. 2580 grants innocent parties relief from Superfund's liability rules, authorizes federal resources to help cities with assessments and cleanups of these sites and clarifies the relationship between U.S. EPA and the states on authorities governing cleanups at lesser contaminated sites, like brownfields, and at more contaminated sites, called NPL sites.  H.R. 2580 also includes Superfund liability relief for municipal parties and others involved in managing, transporting and disposing of municipal solid waste (MSW).

The House Commerce Committee was prompted to act this month on legislation after Speaker Dennis Hastert (IL) handed the panel a deadline to report out pending brownfields/Superfund reform legislation.  Speaker Hastert has recently announced his intention to bring brownfields/Superfund reform legislation to the House floor before the end of October.

To ready legislation for House floor action is somewhat complicated.  First, the House Commerce Committee, which is led by Thomas Bliley (VA), shares jurisdiction on most matters with the House Transportation and Infrastructure Committee, which is chaired by Bud Shuster (PA).  These two panels must work out to plans on how the House will consider programmatic reforms to the law.  

Another set of decision-makers is the House Ways and Means Committee, which controls federal tax policy.  They are part of any legislative package reforming Superfund in that the Transportation Committee legislation (H.R. 1300) assumes renewal of federal excise taxes, which expired in 1995, whereby these revenues are used to finance the Superfund Trust Fund and cleanups at Superfund sites.  The Commerce Committee in approving H.R. 2580 does not assume extension of these excise taxes to fund Superfund's activities.

The Conference of Mayors continues to press for support for H.R. 1300, the strongly bipartisan measure which passed overwhelmingly in early August on a 69-2 vote, and recently urged House leaders to move this legislation to the House floor for action this year.