I 111th CONGRESS 1st Session H. R. 1342 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.

1.

Short title

This Act may be cited as the Landfill Greenhouse Gas Reduction Act .

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) .

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:

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. .