[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1342 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1342

 To amend the Solid Waste Disposal Act to provide for the reduction of 
               greenhouse gases, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 2009

Mr. Moran of Virginia introduced the following bill; which was referred 
                to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Solid Waste Disposal Act to provide for the reduction of 
               greenhouse gases, 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 ``Landfill Greenhouse Gas Reduction 
Act''.

SEC. 2. SOLID WASTE MANAGEMENT PLANS.

    (a) Requirements for Plans.--Section 4003(a) of the Solid Waste 
Disposal Act (42 U.S.C. 6943(a)) is amended by adding the following at 
the end thereof:
            ``(7)(A) The plan shall provide for the collection of a fee 
        of not less than $5 per ton to be imposed on all solid waste 
        collected by, or generated by, a municipality (other than fly 
        ash and bottom ash) received by each solid waste landfill 
        subject to this subtitle in the State. The fee shall be 
        collected by the owner or operator of the solid waste landfill 
        and remitted to the general purpose unit of local government 
        having jurisdiction over the area in which the facility is 
        located. The plan shall also provide for the submission to the 
        State and to the Administrator of an annual report by each 
        facility in the State that is subject to such fee in the year 
        to which the report applies. The report shall specify the 
        amount and type of waste received for the year concerned, 
        together with the amount of fees collected and all measures in 
        place at the reporting facility to reduce greenhouse gases and 
        to protect human health and the environment.
            ``(B)(i) The unit of local government referred to in 
        subparagraph (A) shall use all revenues generated by the fee 
        referred to in subparagraph (A), or transfer such revenues to 
        the State, to undertake, or to provide grants, loans, loan 
        guarantees or other financial assistance to any entity to 
        undertake, approved greenhouse gas reduction projects in the 
        area subject to the jurisdiction of such unit of local 
        government. Not more than 10 percent of such revenues may be 
        reserved for the costs of administering the program under this 
        subparagraph.
            ``(ii) A greenhouse gas reduction project shall be treated 
        as approved for purposes of this paragraph if the project is 
        one of a class or category of greenhouse gas reduction projects 
        listed by the Administrator as a cost-effective greenhouse gas 
        reduction measure. The Administrator shall promulgate, and from 
        time to time revise, a list of such classes or categories of 
        such measures. Such list shall identify the most cost-effective 
        measures. Such measures may include waste reduction measures, 
        recycling, landfill gas recovery, waste recovery including 
        energy generation, and any other measures deemed cost effective 
        by the Administrator.
            ``(iii) In selecting projects to be funded under this 
        paragraph, the unit of local government (or State, as the case 
        may be) shall select those projects identified by the 
        Administrator as the most cost-effective means to reduce 
        greenhouse gases.''.
    (b) Federal Financial Assistance.--Section 4007(a) of the Solid 
Waste Disposal Act (42 U.S.C.6947(a)) is amended by striking out ``and 
(5)'' in each placed it appears and inserting ``(5), and (7)''.

SEC. 3. FEDERAL PLANS FOR GREENHOUSE GAS REDUCTION.

    (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 
U.S.C. 6901 and following) is amended by adding the following new 
section at the end thereof:

``SEC. 4011. FEDERAL PLANS FOR GREENHOUSE GAS REDUCTION.

    ``(a) States Not Having Approved Plans.--In the case of any State 
for which plan provisions under section 4003(a)(7) have not been 
approved within one year after the enactment of this section, or for 
which any such plan provisions are subsequently disapproved, the 
Administrator shall impose and collect, under rules promulgated by the 
Administrator, a fee of not more than $5 per ton on all solid waste 
collected by, or generated by, a municipality (other than fly ash and 
bottom ash) received by each solid waste landfill subject to this 
subtitle in that State. Subject to annual appropriations, all revenues 
derived from such fee shall be used by the Administrator for greenhouse 
gas reduction measures described in section 4003(a)(7)(B).
    ``(b) Penalty.--Any person who fails or refuses to pay the full 
amount of any fee imposed under subsection (a) shall be liable to the 
United States for a civil penalty in the amount fo $25,000 for each 
such violation. Such civil penalty shall be assessed and collected in 
the same manner as in the case of a civil penalty under section 
3008(g).''.
    (b) Table of Contents.--The table of contents for such subtitle D 
is amended by adding the following at the end thereof:

``Sec. 4011. Federal plans for greenhouse gas reduction.''.
                                 <all>