[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1214 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1214

To authorize State and local controls over the flow of municipal solid 
                     waste, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 27, 2001

   Mr. Greenwood (for himself, Mr. Doyle, Mr. Moran of Virginia, Mr. 
      Upton, Mr. Bonior, Mr. Ehlers, Mr. Dingell, Mr. Peterson of 
 Pennsylvania, Mr. Stupak, Mr. Holden, Mr. Gilchrest, Mr. Kildee, Ms. 
    Rivers, and Mr. Leach) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To authorize State and local controls over the flow of municipal solid 
                     waste, 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 ``Municipal Solid Waste Flow Control 
Act of 2001''.

SEC. 2. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL MUNICIPAL SOLID 
              WASTE FLOW CONTROL.

    (a) Amendment of Subtitle D.--Subtitle D of the Solid Waste 
Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding after 
section 4010 the following new section:

``SEC. 4011. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL GOVERNMENT 
              CONTROL OVER MOVEMENT OF MUNICIPAL SOLID WASTE AND 
              RECYCLABLE MATERIALS.

    ``(a) Flow Control Authority for Facilities Previously 
Designated.--Any State or political subdivision thereof is authorized 
to exercise flow control authority to direct the movement of municipal 
solid waste and recyclable materials voluntarily relinquished by the 
owner or generator thereof to particular waste management facilities, 
or facilities for recyclable materials, designated as of the suspension 
date, if each of the following conditions are met:
            ``(1) The waste and recyclable materials are generated 
        within the jurisdictional boundaries of such State or political 
        subdivision, as such jurisdiction was in effect on the 
        suspension date.
            ``(2) Such flow control authority is imposed through the 
        adoption or execution of a law, ordinance, regulation, 
        resolution, or other legally binding provision or official act 
        of the State or political subdivision that--
                    ``(A) was in effect on the suspension date;
                    ``(B) was in effect prior to the issuance of an 
                injunction or other order by a court based on a ruling 
                that such law, ordinance, regulation, resolution, or 
                other legally binding provision or official act 
                violated the Commerce Clause of the United States 
                Constitution; or
                    ``(C) was in effect immediately prior to suspension 
                or partial suspension thereof by legislative or 
                official administrative action of the State or 
                political subdivision expressly because of the 
                existence of an injunction or other court order of the 
                type described in subparagraph (B) issued by a court of 
                competent jurisdiction.
            ``(3) The State or a political subdivision thereof has, for 
        one or more of such designated facilities--
                    ``(A) on or before the suspension date, presented 
                eligible bonds for sale;
                    ``(B) on or before the suspension date, issued a 
                written public declaration or regulation stating that 
                bonds would be issued and held hearings regarding such 
                issuance, and subsequently presented eligible bonds for 
                sale within 180 days of the declaration or regulation; 
                or
                    ``(C) on or before the suspension date, executed a 
                legally binding contract or agreement that--
                            ``(i) was in effect as of the suspension 
                        date;
                            ``(ii) obligates the delivery of a minimum 
                        quantity of municipal solid waste or recyclable 
                        materials to one or more such designated waste 
                        management facilities or facilities for 
                        recyclable materials; and
                            ``(iii) either--
                                    ``(I) obligates the State or 
                                political subdivision to pay for that 
                                minimum quantity of waste or recyclable 
                                materials even if the stated minimum 
                                quantity of such waste or recyclable 
                                materials is not delivered within a 
                                required timeframe; or
                                    ``(II) otherwise imposes liability 
                                for damages resulting from such 
                                failure.
    ``(b) Waste Stream Subject to Flow Control.--Subsection (a) 
authorizes only the exercise of flow control authority with respect to 
the flow to any designated facility of the specific classes or 
categories of municipal solid waste and voluntarily relinquished 
recyclable materials to which such flow control authority was 
applicable on the suspension date and--
            ``(1) in the case of any designated waste management 
        facility or facility for recyclable materials that was in 
        operation as of the suspension date, only if the facility 
        concerned received municipal solid waste or recyclable 
        materials in those classes or categories on or before the 
        suspension date; and
            ``(2) in the case of any designated waste management 
        facility or facility for recyclable materials that was not yet 
        in operation as of the suspension date, only of the classes or 
        categories that were clearly identified by the State or 
        political subdivision as of the suspension date to be flow 
        controlled to such facility.
    ``(c) Duration of Flow Control Authority.--Flow control authority 
may be exercised pursuant to this section with respect to any facility 
or facilities only until the later of the following:
            ``(1) The final maturity date of the bond referred to in 
        subsection (a)(3)(A) or (B).
            ``(2) The expiration date of the contract or agreement 
        referred to in subsection (a)(3)(C).
            ``(3) The adjusted expiration date of a bond issued for a 
        qualified environmental retrofit.
The dates referred to in paragraphs (1) and (2) shall be determined 
based upon the terms and provisions of the bond or contract or 
agreement. In the case of a contract or agreement described in 
subsection (a)(3)(C) that has no specified expiration date, for 
purposes of paragraph (2) of this subsection the expiration date shall 
be the first date that the State or political subdivision that is a 
party to the contract or agreement can withdraw from its 
responsibilities under the contract or agreement without being in 
default thereunder and without substantial penalty or other substantial 
legal sanction. The expiration date of a contract or agreement referred 
to in subsection (a)(3)(C) shall be deemed to occur at the end of the 
period of an extension exercised during the term of the original 
contract or agreement, if the duration of that extension was specified 
by such contract or agreement as in effect on the suspension date.
    ``(d) Indemnification for Certain Transportation.--Notwithstanding 
any other provision of this section, no State or political subdivision 
may require any person to transport municipal solid waste or recyclable 
materials, or to deliver such waste or materials for transportation, to 
any active portion of a municipal solid waste landfill unit if 
contamination of such active portion is a basis for listing of the 
municipal solid waste landfill unit on the National Priorities List 
established under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 unless such State or political 
subdivision or the owner or operator of such landfill unit has 
indemnified that person against all liability under that Act with 
respect to such waste or materials.
    ``(e) Ownership of Recyclable Materials.--Nothing in this section 
shall authorize any State or political subdivision to require any 
person to sell or transfer any recyclable materials to such State or 
political subdivision.
    ``(f) Limitation on Revenue.--A State or political subdivision may 
exercise the flow control authority granted in this section only if the 
State or political subdivision limits the use of any of the revenues it 
derives from the exercise of such authority to the payment of one or 
more of the following:
            ``(1) Principal and interest on any eligible bond.
            ``(2) Principal and interest on a bond issued for a 
        qualified environmental retrofit.
            ``(3) Payments required by the terms of a contract referred 
        to in subsection (a)(3)(C).
            ``(4) Other expenses necessary for the operation and 
        maintenance and closure of designated facilities and other 
        integral facilities identified by the bond necessary for the 
        operation and maintenance of such designated facilities.
            ``(5) To the extent not covered by paragraphs (1) through 
        (4), expenses for recycling, composting, and household 
        hazardous waste activities in which the State or political 
        subdivision was engaged before the suspension date. The amount 
        and nature of payments described in this paragraph shall be 
        fully disclosed to the public annually.
    ``(g) Interim Contracts.--A contract of the type referred to in 
subsection (a)(3)(C) that was entered into during the period--
            ``(1) before November 10, 1995, and after the effective 
        date of any applicable final court order no longer subject to 
        judicial review specifically invalidating the flow control 
        authority of the applicable State or political subdivision; or
            ``(2) after the applicable State or political subdivision 
        refrained pursuant to legislative or official administrative 
        action from enforcing flow control authority expressly because 
        of the existence of a court order of the type described in 
        subsection (a)(2)(B) issued by a court of the same State or the 
        Federal judicial circuit within which such State is located and 
        before the effective date on which it resumes enforcement of 
        flow control authority after enactment of this section,
shall be fully enforceable in accordance with State law.
    ``(h) Areas With Pre-1984 Flow Control.--
            ``(1) General authority.--A State that on or before January 
        1, 1984--
                    ``(A) adopted regulations under a State law that 
                required or directed transportation, management, or 
                disposal of municipal solid waste from residential, 
                commercial, institutional, or industrial sources (as 
                defined under State law) to specifically identified 
                waste management facilities, and applied those 
                regulations to every political subdivision of the 
                State; and
                    ``(B) subjected such waste management facilities to 
                the jurisdiction of a State public utilities 
                commission,
        may exercise flow control authority over municipal solid waste 
        in accordance with the other provisions of this section.
            ``(2) Duration of authority.--The authority to direct 
        municipal solid waste to any facility pursuant to this 
        subsection shall terminate with regard to such facility in 
        accordance with subsection (c).
    ``(i) Effect on Authority of States and Political Subdivisions.--
Nothing in this section shall be interpreted--
            ``(1) to authorize a political subdivision to exercise the 
        flow control authority granted by this section in a manner 
        inconsistent with State law;
            ``(2) to permit the exercise of flow control authority over 
        municipal solid waste and recyclable materials to an extent 
        greater than the maximum volume authorized by State permit to 
        be disposed at the waste management facility or processed at 
        the facility for recyclable materials;
            ``(3) to limit the authority of any State or political 
        subdivision to place a condition on a franchise, license, or 
        contract for municipal solid waste or recyclable materials 
        collection, processing, or disposal; or
            ``(4) to impair in any manner the authority of any State or 
        political subdivision to adopt or enforce any law, ordinance, 
        regulation, or other legally binding provision or official act 
        relating to the movement or processing of municipal solid waste 
        or recyclable materials which does not constitute 
discrimination against or an undue burden upon interstate commerce.
    ``(j) Effective Date.--The provisions of this section shall take 
effect with respect to the exercise by any State or political 
subdivision of flow control authority on or after the date of enactment 
of this section. Such provisions, other than subsection (d), shall also 
apply to the exercise by any State or political subdivision of flow 
control authority before such date of enactment, except that nothing in 
this section shall affect any final judgment that is no longer subject 
to judicial review as of the date of enactment of this section insofar 
as such judgment awarded damages based on a finding that the exercise 
of flow control authority was unconstitutional.
    ``(k) State Solid Waste District Authority.--In addition to any 
other flow control authority authorized under this section a solid 
waste district or a political subdivision of a State may exercise flow 
control authority for a period of 20 years after the enactment of this 
section, for municipal solid waste and for recyclable materials that is 
generated within its jurisdiction if--
            ``(1) the solid waste district, or a political subdivision 
        within such district, is required through a recyclable 
        materials recycling program to meet a municipal solid waste 
        reduction goal of at least 30 percent by the year 2005, and 
        uses revenues generated by the exercise of flow control 
        authority strictly to implement programs to manage municipal 
        solid waste and recyclable materials, other than incineration 
        programs; and
            ``(2) prior to the suspension date, the solid waste 
        district, or a political subdivision within such district--
                    ``(A) was responsible under State law for the 
                management and regulation of the storage, collection, 
                processing, and disposal of solid wastes within its 
                jurisdiction;
                    ``(B) was authorized by State statute (enacted 
                prior to January 1, 1992) to exercise flow control 
                authority, and subsequently adopted or sought to 
                exercise the authority through a law, ordinance, 
                regulation, regulatory proceeding, contract, franchise, 
                or other legally binding provision; and
                    ``(C) was required by State statute (enacted prior 
                to January 1, 1992) to develop and implement a solid 
                waste management plan consistent with the State solid 
                waste management plan, and the district solid waste 
                management plan was approved by the appropriate State 
                agency prior to September 15, 1994.
    ``(l) Special Rule for Certain Consortia.--For purposes of this 
section, if--
            ``(1) two or more political subdivisions are members of a 
        consortium of political subdivisions established to exercise 
flow control authority with respect to any waste management facility or 
facility for recyclable materials;
            ``(2) all of such members have either presented eligible 
        bonds for sale or executed contracts with the owner or operator 
        of the facility requiring use of such facility;
            ``(3) the facility was designated as of the suspension date 
        by at least one of such members;
            ``(4) at least one of such members has met the requirements 
        of subsection (a)(2) with respect to such facility; and
            ``(5) at least one of such members has presented eligible 
        bonds for sale, or entered into a contract or agreement 
        referred to in subsection (a)(3)(C), on or before the 
        suspension date, for such facility,
the facility shall be treated as having been designated, as of May 16, 
1994, by all members of such consortium, and all such members shall be 
treated as meeting the requirements of subsection (a)(2) and (3) with 
respect to such facility.
    ``(m) Recovery of Damages.--
            ``(1) Prohibition.--No damages, interest on damages, costs, 
        or attorneys' fees may be recovered in any claim against any 
        State or local government, or official or employee thereof, 
        based on the exercise of flow control authority on or before 
        May 16, 1994.
            ``(2) Applicability.--Paragraph (1) shall apply to cases 
        commenced on or after the date of enactment of the Local 
        Authority for Municipal Solid Waste Flow Control Act of 2001, 
        and shall apply to cases commenced before such date except 
        cases in which a final judgment no longer subject to judicial 
        review has been rendered.
    ``(n) Definitions.--For the purposes of this section--
            ``(1) Adjusted expiration date.--The term `adjusted 
        expiration date' means, with respect to a bond issued for a 
        qualified environmental retrofit, the earlier of the final 
        maturity date of such bond or 15 years after the date of 
        issuance of such bond.
            ``(2) Bond issued for a qualified environmental retrofit.--
        The term `bond issued for a qualified environmental retrofit' 
means a bond described in paragraph (4)(A) or (B), the proceeds of 
which are dedicated to financing the retrofitting of a resource 
recovery facility or a municipal solid waste incinerator necessary to 
comply with section 129 of the Clean Air Act, provided that such bond 
is presented for sale before the expiration date of the bond or 
contract referred to in subsection (a)(3)(A), (B), or (C) that is 
applicable to such facility and no later than December 31, 1999.
            ``(3) Designated.--The term `designated' means identified 
        by a State or political subdivision for receipt of all or any 
        portion of the municipal solid waste or recyclable materials 
        that is generated within the boundaries of the State or 
        political subdivision. Such designation includes designation 
        through--
                    ``(A) bond covenants, official statements, or other 
                official financing documents issued by a State or 
                political subdivision issuing an eligible bond; and
                    ``(B) the execution of a contract of the type 
                described in subsection (a)(3)(C),
        in which one or more specific waste management facilities are 
        identified as the requisite facility or facilities for receipt 
        of municipal solid waste or recyclable materials generated 
        within the jurisdictional boundaries of that State or political 
        subdivision.
            ``(4) Eligible bond.--The term `eligible bond' means--
                    ``(A) a revenue bond or similar instrument of 
                indebtedness pledging payment to the bondholder or 
                holder of the debt of identified revenues; or
                    ``(B) a general obligation bond,
        the proceeds of which are used to finance one or more 
        designated waste management facilities, facilities for 
        recyclable materials, or specifically and directly related 
        assets, development costs, or finance costs, as evidenced by 
        the bond documents.
            ``(5) Flow control authority.--The term `flow control 
        authority' means the regulatory authority to control the 
        movement of municipal solid waste or voluntarily relinquished 
        recyclable materials and direct such solid waste or recyclable 
        materials to one or more designated waste management facilities 
        or facilities for recyclable materials within the boundaries of 
        a State or political subdivision.
            ``(6) Municipal solid waste.--The term `municipal solid 
        waste' has the meaning given that term in section 4011, except 
        that such term--
                    ``(A) includes waste material removed from a septic 
                tank, septage pit, or cesspool (other than from 
                portable toilets); and
                    ``(B) does not include--
                            ``(i) any substance the treatment and 
                        disposal of which is regulated under the Toxic 
                        Substances Control Act;
                            ``(ii) waste generated during scrap 
                        processing and scrap recycling; or
                            ``(iii) construction and demolition debris, 
                        except where the State or political subdivision 
                        had on or before January 1, 1989, issued 
                        eligible bonds secured pursuant to State or 
                        local law requiring the delivery of 
                        construction and demolition debris to a waste 
                        management facility designated by such State or 
                        political subdivision.
            ``(7) Political subdivision.--The term `political 
        subdivision' means a city, town, borough, county, parish, 
        district, or public service authority or other public body 
        created by or pursuant to State law with authority to present 
        for sale an eligible bond or to exercise flow control 
        authority.
            ``(8) Recyclable materials.--The term `recyclable 
        materials' means any materials that have been separated from 
        waste otherwise destined for disposal (either at the source of 
        the waste or at processing facilities) or that have been 
        managed separately from waste destined for disposal, for the 
        purpose of recycling, reclamation, composting of organic 
        materials such as food and yard waste, or reuse (other than for 
        the purpose of incineration). Such term includes scrap tires to 
        be used in resource recovery.
            ``(9) Suspension date.--The term `suspension date' means, 
        with respect to a State or political subdivision--
                    ``(A) May 16, 1994;
                    ``(B) the date of an injunction or other court 
                order described in subsection (a)(2)(B) that was issued 
                with respect to that State or political subdivision; or
                    ``(C) the date of a suspension or partial 
                suspension described in subsection (a)(2)(C) with 
                respect to that State or political subdivision.
            ``(10) Waste management facility.--The term `waste 
        management facility' means any facility for separating, 
        storing, transferring, treating, processing, combusting, or 
        disposing of municipal solid waste.''.
    (b) Table of Contents.--The table of contents for subtitle D of the 
Solid Waste Disposal Act is amended by adding the following new item 
after the item relating to section 4010:

``Sec. 4011. Congressional authorization of State and local government 
                            control over movement of municipal solid 
                            waste and recyclable materials.''.
                                 <all>