Key Takeaways
- •Subcommittee members debated four legislative proposals to reauthorize the EPA Brownfields program, focusing on whether to prioritize "nationally significant infrastructure" projects like data centers and semiconductor plants.
- •Alan Tomson (Mayor, Town of Davis, West Virginia) testified that allowing private corporations to compete for limited Brownfields grants would disadvantage small rural communities seeking to revitalize local properties.
- •Rep. Gary Palmer (R, AL-6) promoted streamlining permitting for previously disturbed sites, but Rep. Paul Tonko (D, NY-20) argued that exempting industrial projects from NEPA reviews was a "non-starter."
- •Republicans proposed expanding grant eligibility to private entities and fossil fuel projects, while Democrats argued for maintaining the program's focus on community-led revitalization and renewable energy.
- •Congress must reconcile these drafts to reauthorize the program by fiscal year 2031, determining if federal funds should subsidize industrial onshoring or remain dedicated to local public health.
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Hearing Analysis
Overview
The House Energy and Commerce Subcommittee on Environment held a hearing on March 4, 2026, titled "Ready for Reuse: Legislative Proposals to Unleash the Potential of America’s Brownfields Sites." The primary purpose of the hearing was to discuss four legislative discussion drafts aimed at reauthorizing and reforming the Environmental Protection Agency (EPA) Brownfields program, which expired at the end of fiscal year 2023. The hearing focused on balancing the program’s traditional mission of community revitalization with new proposals to incentivize large-scale industrial projects, such as data centers, semiconductor manufacturing, and energy generation.
The subcommittee examined three Republican-led drafts and one Democratic-led draft. The Brownfields Revitalization for a Better Tomorrow Act, introduced by the majority, proposes reauthorizing the program through 2031, expanding grant eligibility to certain private entities, and updating ranking criteria to support "nationally significant infrastructure," including artificial intelligence (AI) infrastructure and critical mineral facilities. The Brownfields Infrastructure Finance and Innovation Act seeks to create a new loan and loan guarantee program modeled after the Water Infrastructure Finance and Innovation Act (WIFIA). The Brownfields Inventory and Permitting Efficiency Act would require states to inventory sites suitable for major infrastructure and provides National Environmental Policy Act (NEPA) exemptions for certain projects. Conversely, the Brownfields Reauthorization for an Affordable and Revitalized America Act, offered by Ranking Member Frank Pallone (D, NJ-6), focuses on significantly increasing authorization levels, raising grant caps, and waiving cost-share requirements for disadvantaged communities without expanding eligibility to private corporations.
Key Testimony
Witness testimony highlighted a divide between community-focused revitalization and industrial-scale redevelopment. Mr. Chris Wells, Executive Director of the Mississippi Department of Environmental Quality (MDEQ) and President of the Environmental Council of the States (ECOS), testified that the program is one of the most effective federal-state partnerships, citing a 20-to-1 return on investment. He supported increasing grant maximums and cost-share waivers for rural areas but cautioned against diverting funds from core programs. Mr. Gerald Pouncey, Senior Counsel at Taft Stettinius & Hollister, argued that the private sector is the most effective vehicle for cleanup and urged for more state-level control and streamlined permitting to reduce the "due diligence" costs that often drive developers toward greenfield sites.
Dr. Alan Tomson, Mayor of Davis, West Virginia, representing the National Brownfields Coalition, provided a cautionary perspective. He described a proposed 1,600-megawatt power plant and data center complex in his town that residents oppose due to health and environmental concerns. He argued that allowing private LLCs to compete for limited brownfields funding would dilute resources for small towns and that NEPA exemptions would strip away local voices. In contrast, Mr. David Robinson, Executive Vice President of Strategic Development for Aligned Data Centers, testified that brownfield sites are ideal for digital infrastructure because they often possess the necessary land, power lines, and industrial zoning. He emphasized that data centers bring significant tax revenue to local jurisdictions without burdening schools or roads.
Overview
Partisan dynamics showed a clear split on the scope of the program. Republicans, led by Chairman Gary Palmer (R, AL-6) and full committee Chairman Brett Guthrie (R, KY-2), argued that the program must evolve to support national security interests like AI and domestic manufacturing. They contended that leveraging private capital is necessary as federal funding levels normalize following the expiration of the Infrastructure Investment and Jobs Act (IIJA). Democrats, including Ranking Member Paul Tonko (D, NY-20) and Rep. Frank Pallone (D, NJ-6), expressed concern that the majority’s proposals would turn a successful community program into a "handout" for big tech and fossil fuel companies. They specifically criticized the removal of prioritizations for renewable energy in favor of all energy types, including coal and gas.
Organizations & Entities
Despite these disagreements, there was notable consensus on several "modest" reforms. Both parties expressed support for raising the individual grant cap from $500,000 to $1 million to account for rising costs and the complexity of modern sites. There was also broad agreement on allowing the EPA to waive cost-share requirements for small, rural, and disadvantaged communities that lack the discretionary funds to meet federal match mandates.
Key Testimony
The following organizations were identified and discussed during the hearing: - Environmental Protection Agency (EPA): The central federal agency discussed regarding its administration of brownfields grants, revolving loan funds, and the proposed new loan program. - Aligned Data Centers (Aligned): Represented by witness David Robinson; discussed as an example of a private entity repurposing brownfields for digital infrastructure. - People's Republic of China (China): Referenced by Rep. Guthrie (R, KY-2) in the context of the global race for AI dominance and the need for domestic infrastructure. - National Brownfields Coalition: Represented by Mayor Alan Tomson; advocated for a "clean" reauthorization that protects local government access to funds. - SeaPoint Industrial Terminal Complex (SeaPoint): Mentioned by Rep. Buddy Carter (R, GA-1) as a successful large-scale cleanup project in Georgia. - Environmental Council of the States (ECOS): Represented by witness Chris Wells; provided the state-level regulatory perspective on program effectiveness. - Taft Stettinius & Hollister: The law firm of witness Gerald Pouncey, who specializes in brownfield redevelopment and financing. - Mississippi Department of Environmental Quality (MDEQ): The state agency led by Chris Wells, cited for its success in leveraging federal grants for local projects. - Dulany Industries: Identified as the entity responsible for the SeaPoint cleanup in Georgia. - Groundwork Elizabeth: A nonprofit mentioned by Rep. Robert Menendez (D, NJ-8) for using brownfields funding for environmental workforce training. - xAI: Mentioned by Rep. Menendez (D, NJ-8) regarding air quality concerns from gas turbines used to power its data center in Mississippi. - Harvard University and Massachusetts Institute of Technology (MIT): Cited by Mayor Tomson regarding a joint study on the health impacts of a proposed power plant in Davis, WV. - Georgia Public Service Commission: Referenced by Rep. Carter (R, GA-1) regarding its role in ensuring data centers pay for their own electricity costs. - Google: Mentioned by Rep. Scott Peters (D, CA-50) regarding their approach to grid reliability and data center investment. - Alcoa: Referenced by witness David Robinson as a former aluminum manufacturing site being redeveloped into a data center in Maryland. - Government Accountability Office (GAO): Tasked under the majority's draft bill to review impediments to removing sites from the Superfund National Priorities List.
Overview
The hearing concluded with Chairman Palmer (R, AL-6) indicating that the drafts would remain open for discussion. No specific deadlines for a markup were set, but members from both sides expressed a desire to reach a bipartisan agreement before the end of the fiscal year to ensure the program remains funded and authorized.
Transcript
While not all Brownfield sites are appropriate for all uses, we should be looking for opportunities to accomplish the compatible goals of siting crucial infrastructure that is a good fit for a particular location and encouraging remediation and reuse of idle or underutilized properties. To that end, we plan to discuss four bills. The Brownfields Revitalization for a Better Tomorrow Act reauthorizes both the EPA Brownfields Grants program and the State Response Program through fiscal year 2031. It also builds on a previous discussion draft of reauthorization legislation considered at a hearing last Congress. This draft again includes expanding eligibility for Brownfield grants to certain private entities as well as a program to assist rural communities with developing competitive grant applications. It incorporates requests from Brownfields stakeholders such as increased award amount limits and expanded eligible uses for funding. It also updates the criteria EPA shall consider when ranking applications to support reuse for nationally significant infrastructure projects, such as critical mineral and semiconductor facilities, artificial intelligence infrastructure, and energy generation from all power resources. The existing criteria only supports renewable energy and energy efficiency projects. The second bill, the Brownfields Infrastructure Finance and Innovation Act, creates a new loan program similar to the Water Infrastructure Finance and Innovation Act and Transportation Infrastructure Finance and Innovation Act programs used to finance water and transportation infrastructure projects. The third bill is the Brownfields Inventory and Permitting Efficiency Act, which directs the EPA and states to work together to compile a list of sites suitable for nationally significant infrastructure projects. It also streamlines permitting for projects on certain Brownfield sites, requires EPA to provide guidance to other federal agencies on how to conduct more efficient reviews of these previously disturbed and previously studied sites. Finally, it directs the Government Accountability Office to conduct a review of impediments to timely and efficient removal of Superfund sites from the National Priorities List. Lastly, we have the Brownfields Reauthorization for an Affordable and Revitalized America Act offered by the minority. While this bill increases some grant award limits and directs the EPA to waive cost share requirements in certain circumstances, it also significantly increases the authorization of appropriations for both the Brownfields Grant program and the State Response programs. We have four witnesses here today to help us analyze these proposals. First, we have Mr. Chris Wells, Executive Director of the Mississippi Department of Environmental Quality and the current president of the Environmental Council of the States to provide state perspective. We also welcome Mr. Gerald Pouncey, Senior Counsel at Taft Stettinius and Hollister. Mr. Pouncey has led numerous efforts to permit, permit and finance redevelopment of industrial sites, ports, and former military facilities. Also joining us is the Honorable Alan Tomson, Mayor of Davis, West Virginia, and representing the National Brownfields Coalition, who will speak to the impact of the Brownfields program in local communities. Finally, we have Mr. David Robinson, Executive Vice President, Strategic Development for Aligned Data Centers, whose testimony will address his company's work on Brownfield sites. I'd like to reiterate that these bills are all discussion drafts, so I look forward to hearing robust discussion on these proposals both today and on future occasions. Thank you. The chair now recognizes the ranking member of the subcommittee, the gentleman from New York, for five minutes for an opening statement.
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