Summer recess/convention frenzy edition

As of this writing Congress has left town until September 8. The announced adjournment date for the year is September 26, and while no one thinks that target will actually be met—since the FY2009 appropriations process is so far behind schedule—very little legislative time is left before the 110th Congress wraps up for good. This edition of the column provides a “home stretch” update of key proposals reported on last time, highlights a new housing law with brownfield-related potential, and gives an appropriations update.

EPA Program Reauthorization Update
HHR 5336

• No further action in House expected this year; not on committee priority list for remainder of session


• Sens. Cardin (D-MD) and Voinovich (R-OH) are discussing a Senate bill, but introduction not likely before adjournment

Tax Incentive Initiatives for Brownfields and Sustainable Development Update
HHR 6049

• Comprehensive tax extender bill, which includes cleanup cost expensing extension and new authorized rounds of New Markets Tax Credits


• House passed by a 263–160 vote


• Senate floor debate July 29; cloture effort to force a vote failed by 53–43 vote (60 votes needed to invoke cloture).  New floor effort anticipated in September  

Climate Change Update
HS 3036ax

• Senate debate on amended version July 8; placed on Senate calendar for final action (none yet scheduled, likelihood uncertain)
• No House action

New Laws with Brownfield ‘Tweaking’ Potential
Housing and Economic Recovery Act of 2008 HHR 3221

• Foreclosure assistance initiative includes $3.9 billion in additional CDBG neighborhood stabilization funds for HUD to distribute in 2009 to help communities address problems of foreclosure—eligible activities can include establishing land banks or demolishing blighted structures; HUD required to determine allocation formula within 60 days


• Establishes a “Capital Magnet Fund” within Treasury’s Community Development Financial Institutions Fund (CDFI) which can, among other things, support economic development activities in conjunction with neighborhood stabilization efforts


• Requires states to consider energy efficiency when awarding low-income housing tax credit allocations, starting 1/1/09

Fiscal 2009 Appropriations—Status of Key Bills

Most relevant bills have made it through Senate committees, and the following summarizes current year (FY2008) appropriations and Senate committee-approved levels.  The fiscal year ends September 30, and Congress must approve (and the President must sign) appropriations before adjourning for the year.

EPA brownfields program

FY ‘08—$166 million
FY ’09—no Senate action yet; same level as a minimum likely

HUD/community development block grants-CDBG (in S 3261)

FY ’08—$3.87 billion
FY ’09—$3.7 billion

HUD/Section 108 loan guarantees (in S 3261)

FY ’08—$4.5 million, supporting $205 million in guarantee activity
FY ’09—zero

Note:  House subcommittee markup included $6 million, supporting $275 million in activity

HUD/brownfields-BEDI (in S 3261)

FY ’08—$10 million
FY ’09—$10 million

EDA (in S 3182)

FY ’08—$280 million
FY ’09—$233 million