SUBCOMMITTEE ON ENVIRONMENT AND HAZARDOUS MATERIALS
HEARING ON "A SMARTER PARTNERSHIP:
REMOVING BARRIERS TO BROWNFIELDS CLEANUPS"

MARCH 7, 2001

Mr. Chairman, I thank you for conducting this oversight hearing on brownfields. This subject is important to me, and to many of the Members of this Subcommittee. In the Detroit metropolitan area alone -- home to much of our country’s industrial strength for over 100 years -- brownfields cover tens of thousands of acres of land once occupied by mighty manufacturing facilities and thriving communities. Today, many of these properties are abandoned by their once-prosperous owners. They have become an eyesore and, in some instances, a threat to the livelihood and health of the citizens who live around them. This situation is not unique to the Detroit area, nor to urban areas generally.

For years now, we have enjoyed bipartisan agreement that brownfields legislation is needed. Yet, we have not seen brownfields legislation become public law. Some years ago, lender liability relief was enacted into law because we achieved consensus among stakeholders, the Administration, and Members on both sides of the aisle. That consensus produced one of the few amendments to any environmental law in recent memory. Consensus should be the model by which we proceed.

By contrast, many controversial provisions to amend the Superfund statute have never come close to becoming public law -- and they have held hostage consensus provisions such as prospective purchaser and innocent landowner relief. As these consensus provisions languish, some Members in this body cannot resist the temptation to tinker, thus sparking controversy where there was none.

Having listened to my constituents over the years, I am aware that environmental laws did not create brownfields. I am aware that there are numerous challenges to the redevelopment of brownfields including financing and infrastructure needs. I am aware that it is often difficult to evaluate the economic condition of an area in which a brownfield is located: its crime record and potential to attract business. Environmental issues are often the most easily predictable of those a developer encounters when deciding whether to invest.

That being said, I am pleased to report that brownfields redevelopment is occurring. Local governments, developers and citizens are finding creative ways to build their own consensus and to re-build their communities. My colleagues on the other side of the aisle once promoted appropriations riders that prohibited the use of Federal money for seeding brownfields revolving loan programs. But those programs are now up and running and gathering acclaim from the recipients of much-needed funding.

We can build upon our communities’ success. I was pleased to hear that Administrator Whitman supports moving brownfields legislation separate from other Superfund reform efforts. While I am not very familiar with the details of the Senate bill she recently endorsed, I am aware that the scope of that bill is in keeping with what I have long encouraged this Committee to focus upon: funding, prospective purchaser relief, innocent landowner liability clarification, and promotion of state voluntary cleanup programs. I encourage my colleagues to identify and adhere to areas of consensus, fix only what is truly broken, and listen to the needs of our communities.

I thank you, Mr. Chairman.