Brownfields Utilization, Investment, and Local
Development Act (BUILD Act)
Bill Summary
Overview
In March 2018, Congress passed the BUILD Act, which amends the Brownfields provisions of CERCLA, as part of the
FY 2018 Omnibus Bill. In this factsheet, we explain the major changes to the Brownfields Amendments. The BUILD
Act reauthorized the Brownfields Provisions through 2023.

©
More Redevelopment Certainty for
Governmental Entities
Local or state governments that take control
of a contaminated site no longer has to be an
"involuntary" acquisition.
Alaska Native Village and Native
Corporation Liability Relief
Provides liability relief for Alaska Native Villages
and Native Corporations for a facility received
under the Alaska Native Claims Act, as long
as the entity did not cause or contribute to the
release of a hazardous substance from the facility.
Petroleum Brownfield Enhancement
Removed the language and requirement that
petroleum brownfield sites be "of relative low
risk" in order to be eligible for funding.
Prospective Purchasers and Lessees
Bona Fide Prospective Purchaser definition was
amended to include language related to those who
have tenancy or leasehold interests in the facility.
Expanded Eligibility for
Non-Profit Organizations
Non-profits (including LLCs and community
development entities that are non-profit) can now
apply for assessment and RLF grants.
Certain Publicly Owned Brownfield Sites
Publicly owned sites acquired prior to January 11,
2002 can apply for assessment and remediation
(RLF and cleanup) grants as long as the entity is
not responsible for the contamination.
©
©
Increased Funding for
Remediation Grants
Increased the cleanup grant funding amount
to $500,000 per site; eligible entities can also
request a waiver to $650,000 per site, based on
the anticipated level on contamination, size, or
ownership status of the site.
Multipurpose Brownfields Grants
Grant authority for multi-purpose grants
(assessment and cleanup combination) was
increased up to $1,000,000. No more than 15%
of the total appropriation can be awarded to
multi-purpose grants.
Allowing Administrative Costs for
Grant Recipients
Entities are now able to use up to 5% of grant
awards on administrative costs.
Grant Applications
New ranking criteria focusing on renewable
energy or energy efficiency projects and
waterfront developments.
Small Community Technical
Assistance Grants
Authorized a new grant program for states and
tribes to provide training, technical assistance,
or research for small communities (populations
of 15,000 or less), Indian tribes, rural areas,
and disadvantaged areas. Maximum of $20,000
per community.
oEFft
June 2018	EPA 560-F-18-170
United States
Environmental Protection
Agency

-------