[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 431 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 431

 To amend the Solid Waste Disposal Act to impose certain limits on the 
             receipt of out-of-State municipal solid waste.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 24, 2003

 Mr. Voinovich introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the Solid Waste Disposal Act to impose certain limits on the 
             receipt of out-of-State municipal solid waste.

    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 Interstate 
Transportation and Local Authority Act of 2003''.

SEC. 2. AUTHORITY TO PROHIBIT OR LIMIT RECEIPT OF OUT-OF-STATE 
              MUNICIPAL SOLID WASTE AT EXISTING FACILITIES.

    (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 
U.S.C. 6941 et seq.) is amended by adding at the end the following:

``SEC. 4011. AUTHORITY TO PROHIBIT OR LIMIT RECEIPT OF OUT-OF-STATE 
              MUNICIPAL SOLID WASTE AT EXISTING FACILITIES.

    ``(a) Definitions.--In this section:
            ``(1) Affected local government.--The term `affected local 
        government', with respect to a facility, means--
                    ``(A) the public body authorized by State law to 
                plan for the management of municipal solid waste for 
                the area in which the facility is located or proposed 
                to be located, a majority of the members of which 
                public body are elected officials;
                    ``(B) in a case in which there is no public body 
                described in subparagraph (A), the elected officials of 
                the city, town, township, borough, county, or parish 
                selected by the Governor and exercising primary 
                responsibility over municipal solid waste management or 
                the use of land in the jurisdiction in which the 
                facility is located or proposed to be located; or
                    ``(C) in a case in which there is in effect an 
                agreement or compact under section 105(b), contiguous 
                units of local government located in each of 2 or more 
                adjoining States that are parties to the agreement, for 
                purposes of providing authorization under subsection 
                (b), (c), or (d) for municipal solid waste generated in 
                the jurisdiction of 1 of those units of local 
                government and received in the jurisdiction of another 
                of those units of local government.
            ``(2) Authorization to receive out-of-state municipal solid 
        waste.--
                    ``(A) In general.--The term `authorization to 
                receive out-of-State municipal solid waste' means a 
                provision contained in a host community agreement or 
                permit that specifically authorizes a facility to 
                receive out-of-State municipal solid waste.
                    ``(B) Specific authorization.--
                            ``(i) Sufficient formulations.--For the 
                        purposes of subparagraph (A), only the 
                        following, shall be considered to specifically 
                        authorize a facility to receive out-of-State 
                        municipal solid waste:
                                    ``(I) an authorization to receive 
                                municipal solid waste from any place 
                                within a fixed radius surrounding the 
                                facility that includes an area outside 
                                the State;
                                    ``(II) an authorization to receive 
                                municipal solid waste from any place of 
                                origin in the absence of any provision 
                                limiting those places of origin to 
                                places inside the State;
                                    ``(III) an authorization to receive 
                                municipal solid waste from a 
                                specifically identified place or places 
                                outside the State; or
                                    ``(IV) a provision that uses such a 
                                phrase as `regardless of origin' or 
                                `outside the State' in reference to 
                                municipal solid waste.
                            ``(ii) Insufficient formulations.--For the 
                        purposes of subparagraph (A), either of the 
                        following, by itself, shall not be considered 
                        to specifically authorize a facility to receive 
                        out-of-State municipal solid waste:
                                    ``(I) A general reference to the 
                                receipt of municipal solid waste from 
                                outside the jurisdiction of the 
                                affected local government.
                                    ``(II) An agreement to pay a fee 
                                for the receipt of out-of-State 
                                municipal solid waste.
                    ``(C) Form of authorization.--To qualify as an 
                authorization to receive out-of-State municipal solid 
                waste, a provision need not be in any particular form; 
                a provision shall so qualify so long as the provision 
                clearly and affirmatively states the approval or 
                consent of the affected local government or State for 
                receipt of municipal solid waste from places of origin 
                outside the State.
            ``(3) Disposal.--The term `disposal' includes incineration.
            ``(4) Existing host community agreement.--The term 
        `existing host community agreement' means a host community 
        agreement entered into before January 1, 2003.
            ``(5) Facility.--The term `facility' means a landfill, 
        incinerator, or other enterprise that received municipal solid 
        waste before the date of enactment of this section.
            ``(6) Governor.--The term `Governor', with respect to a 
        facility, means the chief executive officer of the State in 
        which a facility is located or proposed to be located or any 
        other officer authorized under State law to exercise authority 
        under this section.
            ``(7) Host community agreement.--The term `host community 
        agreement' means a written, legally binding agreement, lawfully 
        entered into between an owner or operator of a facility and an 
        affected local government that contains an authorization to 
        receive out-of-State municipal solid waste.
            ``(8) Municipal solid waste.--
                    ``(A) In general.--The term `municipal solid waste' 
                means--
                            ``(i) material discarded for disposal by--
                                    ``(I) households (including single 
                                and multifamily residences); and
                                    ``(II) public lodgings such as 
                                hotels and motels; and
                            ``(ii) material discarded for disposal that 
                        was generated by commercial, institutional, and 
                        industrial sources, to the extent that the 
                        material--
                                    ``(I) is essentially the same as 
                                material described in clause (i); or
                                    ``(II) is collected and disposed of 
                                with material described in clause (i) 
                                as part of a normal municipal solid 
                                waste collection service.
                    ``(B) Inclusions.--The term `municipal solid waste' 
                includes--
                            ``(i) appliances;
                            ``(ii) clothing;
                            ``(iii) consumer product packaging;
                            ``(iv) cosmetics;
                            ``(v) disposable diapers;
                            ``(vi) food containers made of glass or 
                        metal;
                            ``(vii) food waste;
                            ``(viii) household hazardous waste;
                            ``(ix) office supplies;
                            ``(x) paper; and
                            ``(xi) yard waste.
                    ``(C) Exclusions.--The term `municipal solid waste' 
                does not include--
                            ``(i) solid waste identified or listed as a 
                        hazardous waste under section 3001, except for 
                        household hazardous waste;
                            ``(ii) solid waste resulting from--
                                    ``(I) a response action taken under 
                                section 104 or 106 of the Comprehensive 
                                Environmental Response, Compensation, 
                                and Liability Act (42 U.S.C. 9604, 
                                9606);
                                    ``(II) a response action taken 
                                under a State law with authorities 
                                comparable to the authorities contained 
                                in either of those sections; or
                                    ``(III) a corrective action taken 
                                under this Act;
                            ``(iii) recyclable material--
                                    ``(I) that has been separated, at 
                                the source of the material, from waste 
                                destined for disposal; or
                                    ``(II) that has been managed 
                                separately from waste destined for 
                                disposal, including scrap rubber to be 
                                used as a fuel source;
                            ``(iv) a material or product returned from 
                        a dispenser or distributor to the manufacturer 
                        or an agent of the manufacturer for credit, 
                        evaluation, and possible potential reuse;
                            ``(v) solid waste that is--
                                    ``(I) generated by an industrial 
                                facility; and
                                    ``(II) transported for the purpose 
                                of treatment, storage, or disposal to a 
                                facility (which facility is in 
                                compliance with applicable State and 
                                local land use and zoning laws and 
                                regulations) or facility unit--
                                            ``(aa) that is owned or 
                                        operated by the generator of 
                                        the waste;
                                            ``(bb) that is located on 
                                        property owned by the generator 
                                        of the waste or a company with 
                                        which the generator is 
                                        affiliated; or
                                            ``(cc) the capacity of 
                                        which is contractually 
                                        dedicated exclusively to a 
                                        specific generator;
                            ``(vi) medical waste that is segregated 
                        from or not mixed with solid waste;
                            ``(vii) sewage sludge or residuals from a 
                        sewage treatment plant; or
                            ``(viii) combustion ash generated by a 
                        resource recovery facility or municipal 
                        incinerator.
            ``(9) New host community agreement.--The term `new host 
        community agreement' means a host community agreement entered 
        into on or after the date of enactment of this section.
            ``(10) Out-of-state municipal solid waste.--
                    ``(A) In general.--The term `out-of-State municipal 
                solid waste', with respect to a State, means municipal 
                solid waste generated outside the State.
                    ``(B) Inclusion.--The term `out-of-State municipal 
                solid waste' includes municipal solid waste generated 
                outside the United States.
            ``(11) Receive.--The term `receive' means receive for 
        disposal.
            ``(12) Recyclable material.--
                    ``(A) In general.--The term `recyclable material' 
                means a material that may feasibly be used as a raw 
material or feedstock in place of or in addition to, virgin material in 
the manufacture of a usable material or product.
                    ``(B) Virgin material.--In subparagraph (A), the 
                term `virgin material' includes petroleum.
    ``(b) Prohibition of Receipt for Disposal of Out-of-State Waste.--
No facility may receive for disposal out-of-State municipal solid waste 
except as provided in subsections (c), (d), and (e).
    ``(c) Existing Host Community Agreements.--
            ``(1) In general.--Subject to subsection (f), a facility 
        operating under an existing host community agreement may 
        receive for disposal out-of-State municipal solid waste if--
                    ``(A) the owner or operator of the facility has 
                complied with paragraph (2); and
                    ``(B) the owner or operator of the facility is in 
                compliance with all of the terms and conditions of the 
                host community agreement.
            ``(2) Public inspection of agreement.--Not later than 90 
        days after the date of enactment of this section, the owner or 
        operator of a facility described in paragraph (1) shall--
                    ``(A) provide a copy of the existing host community 
                agreement to the State and affected local government; 
                and
                    ``(B) make a copy of the existing host community 
                agreement available for inspection by the public in the 
                local community.
    ``(d) New Host Community Agreements.--
            ``(1) In general.--Subject to subsection (f), a facility 
        operating under a new host community agreement may receive for 
        disposal out-of-State municipal solid waste if--
                    ``(A) the agreement meets the requirements of 
                paragraphs (2) through (5); and
                    ``(B) the owner or operator of the facility is in 
                compliance with all of the terms and conditions of the 
                host community agreement.
            ``(2) Requirements for authorization.--
                    ``(A) In general.--Authorization to receive out-of-
                State municipal solid waste under a new host community 
                agreement shall--
                            ``(i) be granted by formal action at a 
                        meeting;
                            ``(ii) be recorded in writing in the 
                        official record of the meeting; and
                            ``(iii) remain in effect according to the 
                        terms of the new host community agreement.
                    ``(B) Specifications.--An authorization to receive 
                out-of-State municipal solid waste shall specify terms 
                and conditions, including--
                            ``(i) the quantity of out-of-State 
                        municipal solid waste that the facility may 
                        receive; and
                            ``(ii) the duration of the authorization.
            ``(3) Information.--Before seeking an authorization to 
        receive out-of-State municipal solid waste under a new host 
        community agreement, the owner or operator of the facility 
        seeking the authorization shall provide (and make readily 
        available to the State, each contiguous local government and 
        Indian tribe, and any other interested person for inspection 
        and copying) the following:
                    ``(A) A brief description of the facility, 
                including, with respect to the facility and any planned 
                expansion of the facility, a description of--
                            ``(i) the size of the facility;
                            ``(ii) the ultimate municipal solid waste 
                        capacity of the facility; and
                            ``(iii) the anticipated monthly and yearly 
                        volume of out-of-State municipal solid waste to 
                        be received at the facility.
                    ``(B) A map of the facility site that indicates--
                            ``(i) the location of the facility in 
                        relation to the local road system;
                            ``(ii) topographical and general 
                        hydrogeological features;
                            ``(iii) any buffer zones to be acquired by 
                        the owner or operator; and
                            ``(iv) all facility units.
                    ``(C) A description of--
                            ``(i) the environmental characteristics of 
                        the site, as of the date of application for 
                        authorization;
                            ``(ii) ground water use in the area, 
                        including identification of private wells and 
                        public drinking water sources; and
                            ``(iii) alterations that may be 
                        necessitated by, or occur as a result of, 
                        operation of the facility.
                    ``(D) A description of--
                            ``(i) environmental controls required to be 
                        used on the site (under permit requirements), 
                        including--
                                    ``(I) run-on and run off 
                                management;
                                    ``(II) air pollution control 
                                devices;
                                    ``(III) source separation 
                                procedures;
                                    ``(IV) methane monitoring and 
                                control;
                                    ``(V) landfill covers;
                                    ``(VI) landfill liners or leachate 
                                collection systems; and
                                    ``(VII) monitoring programs; and
                            ``(ii) any waste residuals (including 
                        leachate and ash) that the facility will 
                        generate, and the planned management of the 
                        residuals.
                    ``(E) A description of site access controls to be 
                employed by the owner or operator and road improvements 
                to be made by the owner or operator, including an 
                estimate of the timing and extent of anticipated local 
                truck traffic.
                    ``(F) A list of all required Federal, State, and 
                local permits.
                    ``(G) Estimates of the personnel requirements of 
                the facility, including--
                            ``(i) information regarding the probable 
                        skill and education levels required for job 
                        positions at the facility; and
                            ``(ii) to the extent practicable, a 
                        distinction between preoperational and 
                        postoperational employment statistics of the 
                        facility.
                    ``(H) Any information that is required by State or 
                Federal law to be provided with respect to--
                            ``(i) any violation of environmental law 
                        (including regulations) by the owner or 
                        operator or any subsidiary of the owner or 
                        operator;
                            ``(ii) the disposition of any enforcement 
                        proceeding taken with respect to the violation; 
                        and
                            ``(iii) any corrective action and 
                        rehabilitation measures taken as a result of 
                        the proceeding.
                    ``(I) Any information that is required by Federal 
                or State law to be provided with respect to compliance 
                by the owner or operator with the State solid waste 
                management plan.
                    ``(J) Any information that is required by Federal 
                or State law to be provided with respect to gifts and 
                contributions made by the owner or operator.
            ``(4) Advance notification.--Before taking formal action to 
        grant or deny authorization to receive out-of-State municipal 
        solid waste under a new host community agreement, an affected 
        local government shall--
                    ``(A) notify the State, contiguous local 
                governments, and any contiguous Indian tribes;
                    ``(B) publish notice of the proposed action in a 
                newspaper of general circulation at least 15 days 
                before holding a hearing under subparagraph (C), except 
                where State law provides for an alternate form of 
                public notification; and
                    ``(C) provide an opportunity for public comment in 
                accordance with State law, including at least 1 public 
                hearing.
            ``(5) Subsequent notification.--Not later than 90 days 
        after an authorization to receive out-of-State municipal solid 
        waste is granted under a new host community agreement, the 
        affected local government shall give notice of the 
        authorization to--
                    ``(A) the Governor;
                    ``(B) contiguous local governments; and
                    ``(C) any contiguous Indian tribes.
    ``(e) Receipt for Disposal of Out-of-State Municipal Solid Waste by 
Facilities Not Subject to Host Community Agreements.--
            ``(1) Permit.--
                    ``(A) In general.--Subject to subsection (f), a 
                facility for which, before the date of enactment of 
                this section, the State issued a permit containing an 
                authorization may receive out-of-State municipal solid 
                waste if--
                            ``(i) not later than 90 days after the date 
                        of enactment of this section, the owner or 
                        operator of the facility notifies the affected 
                        local government of the existence of the 
                        permit; and
                            ``(ii) the owner or operator of the 
                        facility complies with all of the terms and 
                        conditions of the permit after the date of 
                        enactment of this section.
                    ``(B) Denied or revoked permits.--A facility may 
                not receive out-of-State municipal solid waste under 
                subparagraph (A) if the operating permit for the 
                facility (or any renewal of the operating permit) was 
                denied or revoked by the appropriate State agency 
                before the date of enactment of this section unless the 
                permit or renewal was granted, renewed, or reinstated 
                before that date.
            ``(2) Documented receipt during 1993.--
                    ``(A) In general.--Subject to subsection (f), a 
                facility that, during 1993, received out-of-State 
                municipal solid waste may receive out-of-State 
                municipal solid waste if the owner or operator of the 
                facility submits to the State and to the affected local 
                government documentation of the receipt of out-of-State 
                municipal solid waste during 1993, including 
                information about--
                            ``(i) the date of receipt of the out-of-
                        State municipal solid waste;
                            ``(ii) the volume of out-of-State municipal 
                        solid waste received in 1993;
                            ``(iii) the place of origin of the out-of-
                        State municipal solid waste received; and
                            ``(iv) the type of out-of-State municipal 
                        solid waste received.
                    ``(B) False or misleading information.--
                Documentation submitted under subparagraph (A) shall be 
                made under penalty of perjury under State law for the 
                submission of false or misleading information.
                    ``(C) Availability of documentation.--The owner or 
                operator of a facility that receives out-of-State 
                municipal solid waste under subparagraph (A)--
                            ``(i) shall make available for inspection 
                        by the public in the local community a copy of 
                        the documentation submitted under subparagraph 
                        (A); but
                            ``(ii) may omit any proprietary information 
                        contained in the documentation.
            ``(3) Bi-state metropolitan statistical areas.--
                    ``(A) In general.--A facility in a State may 
                receive out-of-State municipal solid waste if the out-
                of-State municipal solid waste is generated in, and the 
                facility is located in, the same bi-State level A 
                metropolitan statistical area (as defined and listed by 
                the Director of the Office of Management and Budget as 
                of the date of enactment of this section) that 
contains 2 contiguous major cities, each of which is in a different 
State.
                    ``(B) Governor agreement.--A facility described in 
                subparagraph (A) may receive out-of-State municipal 
                solid waste only if the Governor of each State in the 
                bi-State metropolitan statistical area agrees that the 
                facility may receive out-of-State municipal solid 
                waste.
    ``(f) Required Compliance.--A facility may not receive out-of-State 
municipal solid waste under subsection (c), (d), or (e) at any time at 
which the State has determined that--
            ``(1) the facility is not in compliance with applicable 
        Federal and State laws (including regulations) relating to--
                    ``(A) facility design and operation; and
                    ``(B)(i) in the case of a landfill--
                            ``(I) facility location standards;
                            ``(II) leachate collection standards;
                            ``(III) ground water monitoring standards; 
                        and
                            ``(IV) standards for financial assurance 
                        and for closure, postclosure, and corrective 
                        action; and
                    ``(ii) in the case of an incinerator, the 
                applicable requirements of section 129 of the Clean Air 
                Act (42 U.S.C. 7429); and
            ``(2) the noncompliance constitutes a threat to human 
        health or the environment.
    ``(g) Authority To Limit Receipt of Out-of-State Municipal Solid 
Waste.--
            ``(1) Limits on quantity of waste received.--
                    ``(A) Limit for all facilities in the state.--
                            ``(i) In general.--A State may limit the 
                        quantity of out-of-State municipal solid waste 
                        received annually at each facility in the State 
                        to the quantity described in paragraph (2).
                            ``(ii) No conflict.--
                                    ``(I) In general.--A limit under 
                                clause (i) shall not conflict with--
                                            ``(aa) an authorization to 
                                        receive out-of-State municipal 
                                        solid waste contained in a 
                                        permit; or
                                            ``(bb) a host community 
                                        agreement entered into between 
                                        the owner or operator of a 
                                        facility and the affected local 
                                        government.
                                    ``(II) Conflict.--A limit shall be 
                                treated as conflicting with a permit or 
                                host community agreement if the permit 
                                or host community agreement establishes 
                                a higher limit, or if the permit or 
                                host community agreement does not 
                                establish a limit, on the quantity of 
                                out-of-State municipal solid waste that 
                                may be received annually at the 
                                facility.
                    ``(B) Limit for particular facilities.--
                            ``(i) In general.--An affected local 
                        government that has not executed a host 
                        community agreement with a particular facility 
                        may limit the quantity of out-of-State 
                        municipal solid waste received annually at the 
                        facility to the quantity specified in paragraph 
                        (2).
                            ``(ii) No conflict.--A limit under clause 
                        (i) shall not conflict with an authorization to 
                        receive out-of-State municipal solid waste 
                        contained in a permit.
                    ``(C) Effect on other laws.--Nothing in this 
                subsection supersedes any State law relating to 
                contracts.
            ``(2) Limit on quantity.--
                    ``(A) In general.--For any facility that commenced 
                receiving documented out-of-State municipal solid waste 
                before the date of enactment of this section, the 
                quantity referred to in paragraph (1) for any year 
                shall be equal to the quantity of out-of-State 
                municipal solid waste received at the facility during 
                calendar year 1993.
                    ``(B) Documentation.--
                            ``(i) Contents.--Documentation submitted 
                        under subparagraph (A) shall include 
                        information about--
                                    ``(I) the date of receipt of the 
                                out-of-State municipal solid waste;
                                    ``(II) the volume of out-of-State 
                                municipal solid waste received in 1993;
                                    ``(III) the place of origin of the 
                                out-of-State municipal solid waste 
                                received; and
                                    ``(IV) the type of out-of-State 
                                municipal solid waste received.
                            ``(ii) False or misleading information.--
                        Documentation submitted under subparagraph (A) 
                        shall be made under penalty of perjury under 
                        State law for the submission of false or 
                        misleading information.
            ``(3) No discrimination.--In establishing a limit under 
        this subsection, a State shall act in a manner that does not 
        discriminate against any shipment of out-of-State municipal 
        solid waste on the basis of State of origin.
    ``(h) Authority To Limit Receipt of Out-of-State Municipal Solid 
Waste to Declining Percentages of Quantities Received During 1993.--
            ``(1) In general.--A State in which facilities received 
        more than 650,000 tons of out-of-State municipal solid waste in 
        calendar year 1993 may establish a limit on the quantity of 
        out-of-State municipal solid waste that may be received at all 
        facilities in the State described in subsection (e)(2) in the 
        following quantities:
                    ``(A) In calendar year 2004, 95 percent of the 
                quantity received in calendar year 1993.
                    ``(B) In each of calendar years 2005 through 2008, 
                95 percent of the quantity received in the previous 
                year.
                    ``(C) In each calendar year after calendar year 
                2008, 65 percent of the quantity received in calendar 
                year 1993.
            ``(2) Uniform applicability.--A limit under paragraph (1) 
        shall apply uniformly--
                    ``(A) to the quantity of out-of-State municipal 
                solid waste that may be received at all facilities in 
                the State that received out-of-State municipal solid 
                waste in calendar year 1993; and
                    ``(B) for each facility described in clause (i), to 
                the quantity of out-of-State municipal solid waste that 
                may be received from each State that generated out-of-
                State municipal solid waste received at the facility in 
                calendar year 1993.
            ``(3) Notice.--Not later than 90 days before establishing a 
        limit under paragraph (1), a State shall provide notice of the 
        proposed limit to each State from which municipal solid waste 
        was received in calendar year 1993.
            ``(4) Alternative authorities.--If a State exercises 
        authority under this subsection, the State may not thereafter 
        exercise authority under subsection (g).
    ``(i)  Cost Recovery Surcharge.--
            ``(1)  Definitions.--In this subsection:
                    ``(A) Cost.--The term `cost' means a cost incurred 
                by the State for the implementation of State laws 
                governing the processing, combustion, or disposal of 
                municipal solid waste, limited to--
                            ``(i) the issuance of new permits and 
                        renewal of or modification of permits;
                            ``(ii) inspection and compliance 
                        monitoring;
                            ``(iii) enforcement; and
                            ``(iv) costs associated with technical 
                        assistance, data management, and collection of 
                        fees.
                    ``(B) Processing.--The term `processing' means any 
                activity to reduce the volume of municipal solid waste 
                or alter the chemical, biological or physical state of 
                municipal solid waste, through processes such as 
                thermal treatment, bailing, composting, crushing, 
                shredding, separation, or compaction.
            ``(2) Authority.--A State may authorize, impose, and 
        collect a cost recovery charge on the processing or disposal of 
        out-of-State municipal solid waste in the State in accordance 
        with this subsection.
            ``(3)  Amount of surcharge.--The amount of a cost recovery 
        surcharge--
                    ``(A) may be no greater than the amount necessary 
                to recover those costs determined in conformance with 
                paragraph (5); and
                    ``(B) in no event may exceed $3.00 per ton of 
                waste.
            ``(4)  Use of surcharge collected.--All cost recovery 
        surcharges collected by a State under this subsection shall be 
        used to fund solid waste management programs, administered by 
        the State or a political subdivision of the State, that incur 
        costs for which the surcharge is collected.
            ``(5)  Conditions.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), a State may impose and collect a cost recovery 
                surcharge on the processing or disposal within the 
                State of out-of-State municipal solid waste if--
                            ``(i) the State demonstrates a cost to the 
                        State arising from the processing or disposal 
                        within the State of a volume of municipal solid 
                        waste from a source outside the State;
                            ``(ii) the surcharge is based on those 
                        costs to the State demonstrated under 
                        subparagraph (A) that, if not paid for through 
                        the surcharge, would otherwise have to be paid 
                        or subsidized by the State; and
                            ``(iii) the surcharge is compensatory and 
                        is not discriminatory.
                    ``(B) Prohibition of surcharge.--In no event shall 
                a cost recovery surcharge be imposed by a State to the 
                extent that--
                            ``(i) the cost for which recovery is sought 
                        is otherwise paid, recovered, or offset by any 
                        other fee or tax paid to the State or a 
                        political subdivision of the State; or
                            ``(ii) to the extent that the amount of the 
                        surcharge is offset by voluntary payments to a 
                        State or a political subdivision of the State, 
                        in connection with the generation, 
                        transportation, treatment, processing, or 
                        disposal of solid waste.
                    ``(C) Subsidy; non-discrimination.--The grant of a 
                subsidy by a State with respect to entities disposing 
                of waste generated within the State does not constitute 
                discrimination for purposes of subparagraph (A).
    ``(j) Implementation and Enforcement.--A State may adopt such laws 
(including regulations), not inconsistent with this section, as are 
appropriate to implement and enforce this section, including provisions 
for penalties.
    ``(k) Annual State Report.--
            ``(1) Facilities.--On February 1, 2004, and on February 1 
        of each subsequent year, the owner or operator of each facility 
        that receives out-of-State municipal solid waste shall submit 
        to the State information specifying--
                    ``(A) the quantity of out-of-State municipal solid 
                waste received during the preceding calendar year; and
                    ``(B) the State of origin of the out-of-State 
                municipal solid waste received during the preceding 
                calendar year.
            ``(2) Transfer stations.--
                    ``(A) Definition of receive for transfer.--In this 
                paragraph, the term `receive for transfer' means 
                receive for temporary storage pending transfer to 
                another State or facility.
                    ``(B) Report.--On February 1, 2004, and on February 
                1 of each subsequent year, the owner or operator of 
                each transfer station that receives for transfer out-
                of-State municipal solid waste shall submit to the 
                State a report describing--
                            ``(i) the quantity of out-of-State 
                        municipal solid waste received for transfer 
                        during the preceding calendar year;
                            ``(ii) each State of origin of the out-of-
                        State municipal solid waste received for 
                        transfer during the preceding calendar year; 
                        and
                            ``(iii) each State of destination of the 
                        out-of-State municipal solid waste transferred 
                        from the transfer station during the preceding 
                        calendar year.
            ``(3) No preclusion of state requirements.--The 
        requirements of paragraphs (1) and (2) do not preclude any 
        State requirement for more frequent reporting.
            ``(4) False or misleading information.--Documentation 
        submitted under paragraphs (1) and (2) shall be made under 
        penalty of perjury under State law for the submission of false 
        or misleading information.
            ``(5) Report.--On March 1, 2004, and on March 1 of each 
        year thereafter, each State to which information is submitted 
        under paragraphs (1) and (2) shall publish and make available 
        to the public a report containing information on the quantity 
        of out-of-State municipal solid waste received for disposal and 
        received for transfer in the State during the preceding 
        calendar year.''.
    (b) Conforming Amendment.--The table of contents of the Solid Waste 
Disposal Act (42 U.S.C. prec. 6901) is amended by adding after the item 
relating to section 4010 the following:

``Sec. 4011. Authority to prohibit or limit receipt of out-of-State 
                            municipal solid waste at existing 
                            facilities.''.

SEC. 3. AUTHORITY TO DENY PERMITS FOR OR IMPOSE PERCENTAGE LIMITS ON 
              RECEIPT OF OUT-OF-STATE MUNICIPAL SOLID WASTE AT NEW 
              FACILITIES.

    (a) Amendment.--Subtitle D of the Solid Waste Disposal Act (42 
U.S.C. 6941 et seq.) (as amended by section 2(a)), is amended by adding 
after section 4011 the following:

``SEC. 4012. AUTHORITY TO DENY PERMITS FOR OR IMPOSE PERCENTAGE LIMITS 
              ON RECEIPT OF OUT-OF-STATE MUNICIPAL SOLID WASTE AT NEW 
              FACILITIES.

    ``(a) Definitions.--In this section:
            ``(1) Terms defined in section 4011.--The terms 
        `authorization to receive out-of-State municipal solid waste', 
        `disposal', `existing host community agreement', `host 
        community agreement', `municipal solid waste', `out-of-State 
        municipal solid waste', and `receive' have the meaning given 
        those terms, respectively, in section 4011.
            ``(2) Other terms.--The term `facility' means a landfill, 
        incinerator, or other enterprise that receives out-of-State 
        municipal solid waste on or after the date of enactment of this 
        section.
    ``(b) Authority To Deny Permits or Impose Percentage Limits.--
            ``(1) Alternative authorities.--In any calendar year, a 
        State may exercise the authority under either paragraph (2) or 
        paragraph (3), but may not exercise the authority under both 
        paragraphs (2) and (3).
            ``(2) Authority to deny permits.--A State may deny a permit 
        for the construction or operation of or a major modification to 
        a facility if--
                    ``(A) the State has approved a State or local 
                comprehensive municipal solid waste management plan 
                developed under Federal or State law; and
                    ``(B) the denial is based on a determination, under 
                a State law authorizing the denial, that there is not a 
                local or regional need for the facility in the State.
            ``(3) Authority to impose percentage limit.--A State may 
        provide by law that a State permit for the construction, 
        operation, or expansion of a facility shall include the 
        requirement that not more than a specified percentage (which 
        shall be not less than 20 percent) of the total quantity of 
        municipal solid waste received annually at the facility shall 
        be out-of-State municipal solid waste.
    ``(c) New Host Community Agreements.--
            ``(1) In general.--Notwithstanding subsection (b)(3), a 
        facility operating under an existing host community agreement 
        that contains an authorization to receive out-of-State 
        municipal solid waste in a specific quantity annually may 
        receive that quantity.
            ``(2) No effect on state permit denial.--Nothing in 
        paragraph (1) authorizes a facility described in that paragraph 
        to receive out-of-State municipal solid waste if the State has 
        denied a permit to the facility under subsection (b)(2).
    ``(d) Uniform and Nondiscriminatory Application.--A law under 
subsection (b) or (c)--
            ``(1) shall be applicable throughout the State;
            ``(2) shall not directly or indirectly discriminate against 
        any particular facility; and
            ``(3) shall not directly or indirectly discriminate against 
        any shipment of out-of-State municipal solid waste on the basis 
        of place of origin.''.
    (b) Conforming Amendment.--The table of contents in section 1001 of 
the Solid Waste Disposal Act (42 U.S.C. prec. 6901) (as amended by 
section 1(b)) is amended by adding at the end of the items relating to 
subtitle D the following:

``Sec. 4012. Authority to deny permits for or impose percentage limits 
                            on new facilities.''.

SEC. 4. CONSTRUCTION AND DEMOLITION WASTE.

    (a) Amendment.--Subtitle D of the Solid Waste Disposal Act (42 
U.S.C. 6941 et seq.) (as amended by section 3(a)), is amended by adding 
after section 4012 the following:

``SEC. 4013. CONSTRUCTION AND DEMOLITION WASTE.

    ``(a) Definitions.--In this section:
            ``(1) Terms defined in section 4011.--The terms `affected 
        local government', `Governor', and `receive' have the meanings 
        given those terms, respectively, in section 4011.
            ``(2) Other terms.--
                    ``(A) Base year quantity.--The term `base year 
                quantity' means--
                            ``(i) the annual quantity of out-of-State 
                        construction and demolition debris received at 
                        a State in calendar year 2004, as determined 
                        under subsection (c)(2)(B)(i); or
                            ``(ii) in the case of an expedited 
                        implementation under subsection (c)(5), the 
                        annual quantity of out-of-State construction 
                        and demolition debris received in a State in 
                        calendar year 2003.
                    ``(B) Construction and demolition waste.--
                            ``(i) In general.--The term `construction 
                        and demolition waste' means debris resulting 
                        from the construction, renovation, repair, or 
                        demolition of or similar work on a structure.
                            ``(ii) Exclusions.--The term `construction 
                        and demolition waste' does not include debris 
                        that--
                                    ``(I) is commingled with municipal 
                                solid waste; or
                                    ``(II) is contaminated, as 
                                determined under subsection (b).
                    ``(C) Facility.--The term `facility' means any 
                enterprise that receives construction and demolition 
                waste on or after the date of enactment of this 
                section, including landfills.
                    ``(D) Out-of-state construction and demolition 
                waste.--The term `out-of-State construction and 
                demolition waste' means--
                            ``(i) with respect to any State, 
                        construction and demolition debris generated 
                        outside the State; and
                            ``(ii) construction and demolition debris 
                        generated outside the United States, unless the 
                        President determines that treatment of the 
                        construction and demolition debris as out-of-
                        State construction and demolition waste under 
                        this section would be inconsistent with the 
                        North American Free Trade Agreement or the 
                        Uruguay Round Agreements (as defined in section 
                        2 of the Uruguay Round Agreements Act (19 
                        U.S.C. 3501)).
    ``(b) Contaminated Construction and Demolition Debris.--
            ``(1) In general.--For the purpose of determining whether 
        debris is contaminated, the generator of the debris shall 
        conduct representative sampling and analysis of the debris.
            ``(2) Submission of results.--Unless not required by the 
        affected local government, the results of the sampling and 
        analysis under paragraph (1) shall be submitted to the affected 
        local government for recordkeeping purposes only.
            ``(3) Disposal of contaminated debris.--Any debris 
        described in subsection (a)(2)(B)(i) that is determined to be 
        contaminated shall be disposed of in a landfill that meets the 
        requirements of this Act.
    ``(c) Limit on Construction and Demolition Waste.--
            ``(1) In general.--A State may establish a limit on the 
        annual amount of out-of-State construction and demolition waste 
        that may be received at landfills in the State.
            ``(2) Required action by the state.--A State that seeks to 
        limit the receipt of out-of-State construction and demolition 
        waste received under this section shall--
                    ``(A) not later than January 1, 2004, establish and 
                implement reporting requirements to determine the 
                quantity of construction and demolition waste that is--
                            ``(i) disposed of in the State; and
                            ``(ii) imported into the State; and
                    ``(B) not later than March 1, 2005--
                            ``(i) establish the annual quantity of out-
                        of-State construction and demolition waste 
                        received during calendar year 2004; and
                            ``(ii) report the tonnage received during 
                        calendar year 2004 to the Governor of each 
                        exporting State.
            ``(3) Reporting by facilities.--
                    ``(A) In general.--Each facility that receives out-
                of-State construction and demolition debris shall 
                report to the State in which the facility is located 
                the quantity and State of origin of out-of-State 
                construction and demolition debris received--
                            ``(i) in calendar year 2003, not later than 
                        February 1, 2004; and
                            ``(ii) in each subsequent calendar year, 
                        not later than February 1 of the calendar year 
                        following that year.
                    ``(B) No preclusion of state requirements.--The 
                requirement of subparagraph (A) does not preclude any 
                State requirement for more frequent reporting.
                    ``(C) Penalty.--Each submission under this 
                paragraph shall be made under penalty of perjury under 
                State law.
            ``(4) Limit on debris received.--
                    ``(A) Ratchet.--A State in which facilities receive 
                out-of-State construction and demolition debris may 
                decrease the quantity of construction and demolition 
                debris that may be received at each facility to an 
                annual percentage of the base year quantity specified 
in subparagraph (B).
                    ``(B) Reduced annual percentages.--A limit on out-
                of-State construction and demolition debris imposed by 
                a State under subparagraph (A) shall be equal to--
                            ``(i) in calendar year 2005, 95 percent of 
                        the base year quantity;
                            ``(ii) in calendar year 2006, 90 percent of 
                        the base year quantity;
                            ``(iii) in calendar year 2007, 85 percent 
                        of the base year quantity;
                            ``(iv) in calendar year 2008, 80 percent of 
                        the base year quantity;
                            ``(v) in calendar year 2009, 75 percent of 
                        the base year quantity;
                            ``(vi) in calendar year 2010, 70 percent of 
                        the base year quantity;
                            ``(vii) in calendar year 2011, 65 percent 
                        of the base year quantity;
                            ``(viii) in calendar year 2012, 60 percent 
                        of the base year quantity;
                            ``(ix) in calendar year 2013, 55 percent of 
                        the base year quantity; and
                            ``(x) in calendar year 2014 and in each 
                        subsequent year, 50 percent of the base year 
                        quantity.
            ``(5) Expedited implementation.--
                    ``(A) Ratchet.--A State in which facilities receive 
                out-of-State construction and demolition debris may 
                decrease the quantity of construction and demolition 
                debris that may be received at each facility to an 
                annual percentage of the base year quantity specified 
                in subparagraph (B) if--
                            ``(i) on the date of enactment of this 
                        section, the State has determined the quantity 
                        of construction and demolition waste received 
                        in the State in calendar year 2003; and
                            ``(ii) the State complies with paragraphs 
                        (2) and (3).
                    ``(B) Expedited reduced annual percentages.--An 
                expedited implementation of a limit on the receipt of 
                out-of-State construction and demolition debris imposed 
                by a State under subparagraph (A) shall be equal to--
                            ``(i) in calendar year 2004, 95 percent of 
                        the base year quantity;
                            ``(ii) in calendar year 2005, 90 percent of 
                        the base year quantity;
                            ``(iii) in calendar year 2006, 85 percent 
                        of the base year quantity;
                            ``(iv) in calendar year 2007, 80 percent of 
                        the base year quantity;
                            ``(v) in calendar year 2008, 75 percent of 
                        the base year quantity;
                            ``(vi) in calendar year 2009, 70 percent of 
                        the base year quantity;
                            ``(vii) in calendar year 2010, 65 percent 
                        of the base year quantity;
                            ``(viii) in calendar year 2011, 60 percent 
                        of the base year quantity;
                            ``(ix) in calendar year 2012, 55 percent of 
                        the base year quantity; and
                            ``(x) in calendar year 2013 and in each 
                        subsequent year, 50 percent of the base year 
                        quantity.''.
    (b) Conforming Amendment.--The table of contents in section 1001 of 
the Solid Waste Disposal Act (42 U.S.C. prec. 6901) (as amended by 
section 3(b)), is amended by adding at the end of the items relating to 
subtitle D the following:

``Sec. 4013. Construction and demolition debris.''.

SEC. 5. 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.) (as amended by section 4(a)) is 
amended by adding after section 4013 the following:

``SEC. 4014. 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) Additional flow control authority.--A State or any 
        political subdivision of a State that meets the requirements of 
        paragraph (1) may exercise flow control authority over all 
        classes and categories of municipal solid waste that were 
        subject to flow control by that State or political subdivision 
        on May 16, 1994, by directing municipal solid waste from any 
        waste management facility that was designated as of May 16, 
        1994 to any other waste management facility in the State 
        without regard to whether the political subdivision in which 
        the municipal solid waste is generated had designated the 
        particular waste management facility or had issued a bond or 
        entered into a contract referred to in subparagraph (A) or (B) 
        of subsection (a)(3), respectively.
            ``(3) 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 Municipal 
        Solid Waste Interstate Transportation and Local Authority Act 
        of 2003, 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 in section 1001 of 
the Solid Waste Disposal Act (42 U.S.C. prec. 6901) (as amended by 
section 4(b)), is amended by adding at the end of the items relating to 
subtitle D the following:

``Sec. 4014. Congressional authorization of State and local government 
                            control over movement of municipal solid 
                            waste and recyclable materials.''.

SEC. 6. EFFECT ON INTERSTATE COMMERCE.

    No action by a State or affected local government under an 
amendment made by this Act shall be considered to impose an undue 
burden on interstate commerce or to otherwise impair, restrain, or 
discriminate against interstate commerce.
                                 <all>