Ready for Reuse: Legislative Proposals to Unleash the Potential of America’s Brownfields Sites

Environmental Permitting and Water InfrastructureHouse Energy and Commerce Subcommittee on Environment · 2026-03-04 · 119th Congress
The House Energy and Commerce Subcommittee on Environment held this hearing to examine four discussion drafts reauthorizing the EPA's Brownfields program, including bills addressing grant eligibility, a new loan program, permitting for "nationally significant infrastructure" projects, and a Democratic alternative focused on funding increases. Begins at 0:52:00
Transcript
Highlights

Title

House hearing on brownfields reauthorization and data center siting proposals

Purpose

The House Energy and Commerce Subcommittee on Environment held this hearing to examine four discussion drafts reauthorizing the EPA's Brownfields program, including bills addressing grant eligibility, a new loan program, permitting for "nationally significant infrastructure" projects, and a Democratic alternative focused on funding increases. Witnesses debated whether the program — which has revitalized more than 42,000 sites nationwide0:55:55 — should be opened to private, for-profit entities like data centers and critical-mineral or semiconductor facilities, or kept focused on public and nonprofit applicants. Begins at0:52:00

Who spoke

Subcommittee Chair Gary Palmer (R-AL)0:52:00: Outlined the three majority discussion drafts — reauthorization through FY2031, a new infrastructure finance loan program, and a permitting/inventory bill for nationally significant infrastructure — and introduced the witness panel0:52:260:53:170:54:08.

Ranking Member Paul Tonko (D-NY)0:55:26: Warned the majority's "nationally significant infrastructure facilities" category and NEPA exemption for such sites would divert scarce, oversubscribed brownfields dollars to well-capitalized data centers and fossil energy projects0:57:120:58:55; called the loan program a "solution in search of a problem"0:59:25.

Rep. Brett Guthrie (R-KY), Chairman of the full committee1:00:43: Said the program lapsed after 2018 reauthorization expired in FY2023 and argued reuse of brownfields for AI data centers and manufacturing avoids consuming greenfield sites1:01:34; later cited a Kentucky idled aluminum smelter with existing power infrastructure as a model reuse case2:12:05.

Ranking Member Frank Pallone (D-NJ)1:02:52: Noted he co-authored the original Brownfields law with the late Rep. Paul Gillmor and that the program leverages nearly $20 for every federal dollar and 230,000 jobs1:03:41; argued the Republican drafts create "backward incentives" for polluting interests and pressed Mayor Tomson on private-sector eligibility1:04:351:49:28.

Chris Wells, Executive Director, Mississippi Department of Environmental Quality1:07:08: Said Mississippi's 70 EPA 104 grants (~$30 million) leveraged over $300 million in private investment and 800 jobs1:09:39, cited the Fry Building/Eola Hotel project in Natchez1:10:07, and endorsed cost-share waivers and higher 104(k) caps for rural communities1:11:39.

Gerald Pouncey, Senior Counsel, Taft Stettinius & Hollister1:07:08: Argued cleanup success should be the sole metric, not dollars spent1:14:42, recommended devolving more brownfields work to state programs — citing Georgia's ~1,600 sites entered and 900 exited versus half as many under Superfund enforcement1:17:14 — and called NEPA delay "we don't get to know by never saying yes"1:18:41.

Dr. Alan Tomson, Mayor, Town of Davis, West Virginia (National Brownfields Coalition)1:19:46: Described a successful gas-station-to-brewery redevelopment1:21:01 but strongly opposed a proposed 1,600 MW gas/diesel power plant to serve a data center complex near Davis1:21:18, citing a Harvard/MIT study estimating 1–2 deaths and $19–35 million in annual medical costs from air pollution1:58:05; urged EPA funding up to $450 million annually and opposed private LLCs competing for brownfields grants1:23:36.

David Robinson, EVP Strategic Development, Aligned Data Centers1:24:14: Said Aligned is investing over $45 billion across 57 data centers in nine states1:25:15 and described converting former industrial sites in Perkins Township, Ohio; West Jordan, Utah; Frederick, Maryland; and Conesville, Ohio1:27:41; said his firm has not used brownfields grant programs and pays its "fair share" of grid upgrade costs2:14:292:21:14.

Rep. Morgan Griffith (R-VA)1:30:48: Asked how to ensure rural grants fund actual cleanup, not just assessment reports left "in a drawer"1:31:22, and floated a "pre-clearance" concept for brownfield sites1:32:46.

Rep. Tom Kean (R-NY)1:35:44: Focused on bipartisan consensus items — raising the grant cap from $500,000 to $1 million and cost-share waivers — securing agreement from Tomson and Wells1:35:441:37:12.

Rep. Brittany Pettersen — not present; correction: Rep. Joe Evans (R-CO)1:51:08: Linked brownfields permitting reform to the FIRE Act and SPEED Act, and asked about incorporating prior environmental assessments into permitting1:52:041:54:01.

Rep. Rob Menendez (D-NJ)1:56:04: Cited Groundwork Elizabeth's $500,000 brownfields-funded workforce training1:56:36 and pressed Tomson on air, water, and noise harms from gas turbines powering Mississippi data centers and referenced his Data Center Transparency Act and PRICE Act1:59:242:01:09.

Rep. Julie Fedorchak (R-ND)2:01:38: Asked Tomson about Davis's brownfield history and West Virginia's state law preempting local review of data center siting2:03:25.

Rep. Raul Ruiz (D-CA)2:06:54: Cited a Brawley, California car-repair redevelopment as a brownfields success and asked Wells about barriers facing rural, low-income communities2:08:36.

Chairman Brett Guthrie again on Kentucky example — see above.

Rep. Ben Landsman (D-OH)2:29:11: Pressed Robinson on whether data centers require future soil/water remediation from "forever chemicals," which Robinson disputed2:31:06, and questioned the value of the 5% inventory database mandate2:32:46.

Rep. Mariannette Miller-Meeks (R-IA)2:34:12: Asked Pouncey how increased grant caps and cost-share flexibility help rural manufacturing districts access CERCLA liability protections2:35:47 and about transitioning National Priorities List sites into state programs2:37:03.

Rep. Laurel Lee (R-FL)2:38:57: Asked Pouncey about return-on-investment metrics and the case for cleanup speed as the key success measure2:40:19.

Rep. Randy Weber (R-TX)2:44:38: Cited Port Arthur's Hotel Sabine asbestos/lead-paint remediation grant and asked panelists about brownfields' role in historic Gulf Coast communities like Galveston2:44:382:48:50.

Rep. Nanette Barragán (D-CA)2:49:50: Pressed Robinson to commit that data centers cover their own energy costs2:50:14 and asked Tomson whether prioritizing data centers would crowd out affordable-housing and park projects2:53:07.

Rep. Bob Latta (R-OH)3:00:44: Asked Pouncey and Robinson about federal support for redeveloping former mine sites and coal power plant sites, including Aligned's Conesville, Ohio project and its coal ash pond remediation3:00:483:03:25.

Key moments

Tonko said the Republican drafts would exempt "nationally significant infrastructure" brownfield sites from NEPA review entirely, calling it "a complete nonstarter"0:59:25.

Wells testified Mississippi's ~$30 million in EPA 104 grants leveraged more than $300 million in private investment — roughly a 10-to-1 return, with the national average near 20-to-11:09:39.

Pouncey compared Georgia's state brownfield program (~1,600 sites entered, 900 cleaned up in ~20 years) to the state Superfund enforcement track record (half as many sites, only a third cleaned up, taking almost twice as long)1:17:14.

Mayor Tomson said a proposed 1,600 MW gas/diesel power plant tied to a data center complex near Davis, WV, could cause 1–2 deaths and 5–6 new asthma cases annually per a Harvard/MIT dispersion-modeling study, with medical costs estimated at $19–35 million a year1:58:051:58:33.

Robinson disputed Rep. Landsman's claim that data centers require post-closure soil/water remediation, saying Aligned's closed-loop systems produce over 90% less water use than the prior industrial use and discharge to municipal systems2:31:061:29:07.

Barragán got Robinson to agree, on the record, that Aligned would support requiring companies receiving brownfields grants to cover their full energy costs2:51:082:51:39.

Tomson said West Virginia state legislation strips local governments and counties of any say over data-center power-plant permitting, overriding municipal ordinances entirely2:03:47.

Chairman Guthrie framed the hearing around AI dominance and rare-earth-element refining capacity, noting there is "not a single major refinery for rare earth elements in the Western Hemisphere" and citing military dependence on antimony and rare earths2:56:082:56:35.

Funding for the program is projected to drop from nearly $350 million annually to $98 million when Infrastructure Investment and Jobs Act supplemental funds expire in 2026, against an estimated 450,000 brownfield sites nationwide and fewer than half of grant applications currently funded1:22:12.

Tomson said EPA's Technical Assistance Brownfield Centers absorbed a 20% staffing cut, hampering support to rural communities navigating the grant process3:10:34.

Metadata

CommitteeHouse Energy and Commerce Subcommittee on Environment
Chamber / CongressHouse · 119th Congress
Date2026-03-04
TypeHearing
Witnesses
Mr. Gerald Pouncey — Senior Counsel, Taft Stettinius & Hollister
Mr. Chris Wells — Executive Director, Mississippi Department of Environmental Quality
Mr. David Robinson — Executive Vice President of Strategic Development, Aligned Data Centers
Dr. Alan Tomson — Mayor, Town of Davis, West Virginia
Videoyoutube
Transcript320 caption blocks · 22,757 words · 3:11:59 runtime
EventCongress.gov 119017