[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1194 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1194
To require the Administrator of the Environmental Protection Agency to
carry out certain activities to improve recycling and composting
programs in the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 19, 2023
Mr. Carper (for himself, Mrs. Capito, and Mr. Boozman) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To require the Administrator of the Environmental Protection Agency to
carry out certain activities to improve recycling and composting
programs in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recycling and Composting
Accountability Act''.
SEC. 2. DEFINITIONS.
(a) In General.--In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Circular market.--The term ``circular market'' means a
market that utilizes industrial processes and economic
activities to enable post-industrial and post-consumer
materials used in those processes and activities to maintain
their highest values for as long as possible.
(3) Compost.--The term ``compost'' means a product that--
(A) is manufactured through the controlled aerobic,
biological decomposition of biodegradable materials;
(B) has been subjected to medium and high
temperature organisms, which--
(i) significantly reduce the viability of
pathogens and weed seeds; and
(ii) stabilize carbon in the product such
that the product is beneficial to plant growth;
and
(C) is typically used as a soil amendment, but may
also contribute plant nutrients.
(4) Compostable material.--The term ``compostable
material'' means material that is a feedstock for creating
compost, including--
(A) wood;
(B) agricultural crops;
(C) paper;
(D) certified compostable products associated with
organic waste;
(E) other organic plant material;
(F) marine products;
(G) organic waste, including food waste and yard
waste; and
(H) such other material that is composed of biomass
that can be continually replenished or renewed, as
determined by the Administrator.
(5) Composting facility.--The term ``composting facility''
means a location, structure, or device that transforms
compostable materials into compost.
(6) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(7) Materials recovery facility.--
(A) In general.--The term ``materials recovery
facility'' means a dedicated facility where primarily
residential recyclable materials, which are diverted
from disposal by the generator and collected separately
from municipal solid waste, are mechanically or
manually sorted into commodities for further processing
into specification-grade commodities for sale to end
users.
(B) Exclusion.--The term ``materials recovery
facility'' does not include a solid waste management
facility that may process municipal solid waste to
remove recyclable materials.
(8) Recyclable material.--The term ``recyclable material''
means a material that is obsolete, previously used, off-
specification, surplus, or incidentally produced for processing
into a specification-grade commodity for which a circular
market currently exists or is being developed.
(9) Recycling.--The term ``recycling'' means the series of
activities--
(A) during which recyclable materials are processed
into specification-grade commodities, and consumed as
raw-material feedstock, in lieu of virgin materials, in
the manufacturing of new products;
(B) that may include sorting, collection,
processing, and brokering; and
(C) that result in subsequent consumption by a
materials manufacturer, including for the manufacturing
of new products.
(10) State.--The term ``State'' has the meaning given the
term in section 1004 of the Solid Waste Disposal Act (42 U.S.C.
6903).
(b) Definition of Processing.--In paragraphs (7), (8), and (9) of
subsection (a), the term ``processing'' means any mechanical, manual,
or other method that--
(1) transforms a recyclable material into a specification-
grade commodity; and
(2) may occur in multiple steps, with different steps,
including sorting, occurring at different locations.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) recycling and composting conserve resources, protect
the environment, and are important to the United States
economy;
(2) the United States recycling and composting
infrastructure encompass each of the entities that collect,
process, broker, and consume recyclable materials and
compostable materials sourced from commercial, industrial,
institutional, and residential sources;
(3) the residential segment of the United States recycling
and composting infrastructure is facing challenges from--
(A) confusion over what materials are recyclable
materials or compostable materials;
(B) reduced export markets;
(C) growing, but still limited, domestic end
markets; and
(D) an ever-changing and heterogeneous supply
stream;
(4) in some areas, recycling and composting infrastructure
is in need of revitalization; and
(5) in an effort to address those challenges, the United
States must use a combination of tactics to improve recycling
and composting in the United States.
SEC. 4. REPORT ON COMPOSTING INFRASTRUCTURE CAPABILITIES.
The Administrator, in consultation with States, units of local
government, and Indian Tribes, shall--
(1) prepare a report, or expand work under the National
Recycling Strategy to include data, describing the capability
of the United States to implement a national composting
strategy for compostable materials for the purposes of reducing
contamination rates for recycling, including--
(A) an evaluation of existing Federal, State, and
local laws that may present barriers to implementation
of a national composting strategy;
(B)(i) an evaluation of existing composting
programs of States, units of local government, and
Indian Tribes; and
(ii) a description of best practices based on those
programs;
(C) an evaluation of existing composting
infrastructure in States, units of local government,
and Indian Tribes for the purposes of estimating cost
and approximate land needed to expand composting
programs; and
(D) a study of the practices of manufacturers and
companies that are moving to using compostable
packaging and food service ware for the purpose of
making the composting process the end-of-life use of
those products; and
(2) not later than 2 years after the date of enactment of
this Act, submit the report prepared under paragraph (1) to
Congress.
SEC. 5. REPORT ON FEDERAL AGENCY RECYCLING PRACTICES.
Not later than 2 years after the date of enactment of this Act, and
every 2 years thereafter until 2033, the Comptroller General of the
United States, in consultation with the Administrator, shall make
publicly available a report describing--
(1) the total annual recycling and composting rates
reported by all Federal agencies;
(2) the total annual percentage of products containing
recyclable material, compostable material, or recovered
materials purchased by all Federal agencies, including--
(A) the total quantity of procured products
containing recyclable material or recovered materials
listed in the comprehensive procurement guidelines
published under section 6002(e) of the Solid Waste
Disposal Act (42 U.S.C. 6962(e)); and
(B) the total quantity of compostable material
purchased;
(3) recommendations for updating--
(A) the comprehensive procurement guidelines
published under section 6002(e) of the Solid Waste
Disposal Act (42 U.S.C. 6962(e)); and
(B) the environmentally preferable purchasing
program established under section 6604(b)(11) of the
Pollution Prevention Act of 1990 (42 U.S.C.
13103(b)(11)); and
(4) the activities of each Federal agency that promote
recycling or composting.
SEC. 6. IMPROVING DATA AND REPORTING.
(a) Inventory of Materials Recovery Facilities.--Not later than 1
year after the date of enactment of this Act, and biannually
thereafter, the Administrator, in consultation with States, units of
local government, and Indian Tribes, shall--
(1) prepare an inventory of public and private materials
recovery facilities in the United States, including--
(A) the number of materials recovery facilities in
each unit of local government in each State; and
(B) a description of the materials that each
materials recovery facility can process, including--
(i) in the case of plastic, a description
of--
(I) the types of accepted resin, if
applicable; and
(II) the packaging or product
format, such as a jug, a carton, or
film;
(ii) food packaging and service ware, such
as a bottle, cutlery, or a cup;
(iii) paper;
(iv) aluminum, such as an aluminum beverage
can, food can, aerosol can, or foil;
(v) steel, such as a steel food or aerosol
can;
(vi) other scrap metal;
(vii) glass; or
(viii) any other material not described in
any of clauses (i) through (vii) that a
materials recovery facility can process; and
(2) submit the inventory prepared under paragraph (1) to
Congress.
(b) Establishment of a Comprehensive Baseline of Data for the
United States Recycling System.--The Administrator, in consultation
with States, units of local government, and Indian Tribes, shall
determine, with respect to the United States--
(1) the number of community curbside recycling and
composting programs;
(2) the number of community drop-off recycling and
composting programs;
(3) the types and forms of materials accepted by each
community curbside recycling, drop-off recycling, or composting
program;
(4) the number of individuals with access to recycling and
composting services to at least the extent of access to
disposal services;
(5) the number of individuals with barriers to accessing
recycling and composting services to at least the extent of
access to disposal services;
(6) the inbound contamination and capture rates of
community curbside recycling, drop-off recycling, or composting
programs;
(7) where applicable, other available recycling or
composting programs within a community, including store drop-
offs; and
(8) the average costs and benefits to States, units of
local government, and Indian Tribes of recycling and composting
programs.
(c) Standardization of Recycling Reporting Rates.--
(1) Collection of rates.--
(A) In general.--The Administrator may use amounts
made available under section 9 to biannually collect
from each State the nationally standardized rate of
recyclable materials in that State that have been
successfully diverted from the waste stream and brought
to a materials recovery facility or composting
facility.
(B) Confidential or proprietary business
information.--Information collected under subparagraph
(A) shall not include any confidential or proprietary
business information, as determined by the
Administrator.
(2) Use.--Using amounts made available under section 9, the
Administrator may use the rates collected under paragraph (1)
to further assist States, units of local government, and Indian
Tribes--
(A) to reduce the overall waste produced by the
States and units of local government; and
(B) to increase recycling and composting rates.
(d) Report on End Markets.--
(1) In general.--The Administrator, in consultation with
States, units of local government, and Indian Tribes, shall--
(A) provide an update to the report submitted under
section 306 of the Save Our Seas 2.0 Act (Public Law
116-224; 134 Stat. 1096) to include an addendum on the
end-market sale of all recyclable materials, in
addition to recycled plastics as described in that
section, from materials recovery facilities that
process recyclable materials collected from households
and publicly available recyclable materials drop-off
centers, including--
(i) the total, in dollars per ton, domestic
sales of bales of recyclable materials; and
(ii) the total, in dollars per ton,
international sales of bales of recyclable
materials;
(B) prepare a report on the end-market sale of
compost from all compostable materials collected from
households and publicly available compost drop-off
centers, including the total, in dollars per ton, of
domestic sales of compostable materials; and
(C) not later than 2 years after the date of
enactment of this Act, submit to Congress the update to
the report prepared under subparagraph (A) and the
report prepared under subparagraph (B).
(2) Confidential or proprietary business information.--
Information collected under subparagraphs (A) and (B) of
paragraph (1) shall not include any confidential or proprietary
business information, as determined by the Administrator.
SEC. 7. STUDY ON THE DIVERSION OF RECYCLABLE MATERIALS FROM A CIRCULAR
MARKET.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall develop a metric for determining
the proportion of recyclable materials in commercial and municipal
waste streams that are being diverted from a circular market.
(b) Study; Report.--Not later than 1 year after the development of
a metric under subsection (a), the Administrator shall conduct a study
of, and submit to Congress a report on, the proportion of recyclable
materials in commercial and municipal waste streams that, during each
of the 10 calendar years preceding the year of submission of the
report, were diverted from a circular market.
(c) Data.--The report under subsection (b) shall provide data on
specific recyclable materials, including aluminum, plastics, paper and
paperboard, textiles, and glass, that were prevented from remaining in
a circular market through disposal or elimination, and to what use
those specific recyclable materials were lost.
(d) Evaluation.--The report under subsection (b) shall include an
evaluation of whether the establishment or improvement of recycling
programs would--
(1) improve recycling rates; or
(2) reduce the quantity of recyclable materials being
unutilized in a circular market.
SEC. 8. VOLUNTARY GUIDELINES.
The Administrator shall--
(1) in consultation with States, units of local government,
and Indian Tribes, develop, based on the results of the
studies, reports, inventory, and data determined under sections
4 through 7, and provide to States, units of local government,
and Indian Tribes, through the Model Recycling Program Toolkit
or a similar resource, best practices that the States, units of
local government, and Indian Tribes may use to enhance
recycling and composting, including--
(A) labeling techniques for containers of waste,
compostable materials, and recycling, with the goal of
creating consistent, readily available, and
understandable labeling across jurisdictions;
(B) pamphlets or other literature readily available
to constituents;
(C) primary and secondary school educational
resources on recycling;
(D) web and media-based campaigns; and
(E) guidance for the labeling of recyclable
materials and compostable materials that minimizes
contamination and diversion of those materials from
waste streams toward recycling and composting systems;
and
(2) not later than 2 years after the date of enactment of
this Act, submit to Congress a report describing the best
practices developed under paragraph (1).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator such
sums as are necessary to carry out this Act for each fiscal year.
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