Statement of Senator Barbara Boxer
Subcommittee on Superfund, Waste Control and Risk Assessment
Hearing on the Brownfields Revitalization and Environmental Restoration Act of 2001
(S. 350)
February 27, 2001

I am pleased to be here today in my new role as Ranking Member of the Subcommittee on Superfund, Waste Control, and Risk Assessment. The issues that will come before this subcommittee are very important and I look forward to working closely with the Chairman on these matters.

I am also pleased to welcome two witnesses from California: Mayor Myrtle Walker of East Palo Alto, and Alan Front from the Trust for Public Land, which is based in San Francisco.

I expect that both of these witnesses will highlight how important and relevant brownfields cleanup is to my state. I am particularly interested to hear from the Mayor about the role that the federal government has played in assisting with the cleanup efforts in Palo Alto. The question of the appropriate federal role is likely to provoke vigorous debate in this committee

I am sorry to say that some of California's industries have left the state with a frightening legacy of contamination. In my state, there are estimated to be hundreds of sites. While the state has struggled to address these, a federal role is clearly needed and that is one reason I am a strong supporter of S. 350 (the Brownfields Revitalization and Environmental Restoration Act).

In California, many of these sites are located in low-income, minority communities in places like Los Angeles, Oakland, San Diego, and Sacramento. The result is that this toxic legacy disproportionately impacts our most vulnerable and disempowered citizens.

But these are not the only communities at risk. A recent report by the U.S. Conference of Mayors highlighted the fact that brownfields sites are found throughout the nation and are a concern for nearly every community.

The bill that we are discussing today fills an important need in the efforts to address our past mistakes.

Currently, Superfund directs the Environmental Protection Agency to give priority to our Nation's most toxic sites. While EPA is struggling to keep up with the over 1,400 so-called "Superfund" sites that it has on its National Priorities List, tens of thousands of other less polluted sites are left unattended.

These so called "brownfields" sites are left unused, or only partially used. The result is that these sites become pockets of blight. The worst case scenario is that these brownfields pose a serious hazard to human health and the environment.

At best, these sites represent a missed opportunity to "recycle" the land for better uses. Failure to reclaim brownfields often means that clean undeveloped areas are used instead, contributing further to the sprawl that afflicts many parts of the country. Neglect of brownfields also means that the land is not put to productive use, either for economic redevelopment or as parkland and green space.

To its credit, EPA has tried to fill this gap through the development of its Brownfields Initiative.

California has been the site of two of EPA's leading brownfields initiatives. The mayor will tell us about East Palo Alto's experiences as a brownfields "Showcase Community." These communities are at the cutting edge of the brownfields effort; their experiences will help us learn how to bring together federal, state, local, and non-governmental interests to address the brownfields problem. They will serve as a model for the rest of the Nation.

I know that Californians believe that the program has been fairly successful; however, it has been operating with one hand tied behind its back. It lacks adequate funding and would benefit from clear statutory authority that enables it to confidently move forward and expand.

This bill will help EPA take the next step with this important program.

By authorizing increased funding for this program, clarifying some of the liability questions, and directing the program to the areas of greatest need, this legislation will help expand the scope of this program and elevate its visibility in the eyes of the American public.

As Senator Chafee stated, the bill is a carefully crafted compromise -- one that has succeeded in bringing together diverse interests who come from divergent political viewpoints. That matters. Because it means that we might finally be successful in improving our management of the brownfields problem that now plagues our communities.

Nevertheless, I expect that some of our witnesses today will provide detailed criticism of this bill. I look forward to hearing their concerns and hope they can offer us constructive solutions.

At the same time, we must not lose site of the end game. The status quo is not acceptable and thoughtful legislation is needed.

I believe that we owe it to our children to leave them an environment that is cleaner and healthier than the one we have inherited. And, I believe that the promotion of redevelopment will bring with it a multitude of benefits that are both environmental and economic in nature. This bill will help take us in that direction.