[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2260 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2260

 To provide for the improvement of domestic infrastructure in order to 
             prevent marine debris, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 24, 2019

Mr. Sullivan (for himself, Mr. Whitehouse, and Mr. Menendez) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To provide for the improvement of domestic infrastructure in order to 
             prevent marine debris, 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; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Save Our Seas 2.0: 
Improving Domestic Infrastructure to Prevent Marine Debris Act''.
    (b) Definitions.--In this Act:
            (1) EPA administrator.--The term ``EPA Administrator'' 
        means the Administrator of the Environmental Protection Agency.
            (2) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304), without regard to capitalization.
            (3) Intended use plan.--The term ``intended use plan'' 
        means a plan developed by a State under section 3(c)(1).
            (4) Nonprofit organization.--The term ``nonprofit 
        organization'' means an organization that is described in 
        section 501(c) of the Internal Revenue Code of 1986 and exempt 
        from tax under section 501(a) of such Code.
            (5) Post-consumer materials management.--The term ``post-
        consumer materials management'' means the systems, operation, 
        supervision, and aftercare of processes and equipment used for 
        post-use material (including packaging, goods, products, and 
        other materials), including--
                    (A) collection;
                    (B) transport;
                    (C) safe disposal of waste that cannot be 
                recovered, reused, recycled, repaired, or refurbished; 
                and
                    (D) systems and processes related to post-use 
                materials that can be recovered, reused, recycled, 
                repaired, or refurbished.
            (6) State.--The term ``State'' means--
                    (A) a State;
                    (B) an Indian Tribe;
                    (C) the District of Columbia; and
                    (D) a territory or possession of the United States.
            (7) State loan fund.--The term ``State loan fund'' means a 
        post-consumer materials management revolving State loan fund 
        established by a State under section 3(a)(2)(B).
            (8) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of Commerce for Oceans and Atmosphere and 
        Administrator of the National Oceanic and Atmospheric 
        Administration.

SEC. 2. STRATEGY FOR IMPROVING POST-CONSUMER MATERIALS MANAGEMENT AND 
              WATER MANAGEMENT.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the EPA Administrator shall, in consultation with 
stakeholders, develop a strategy to improve post-consumer materials 
management and residential recycling infrastructure, particularly for 
post-consumer materials management that is (at the time of enactment of 
this Act) not meeting existing national standards, for the purpose of 
reducing potential leakage of plastic waste and other post-consumer 
materials into waterways and oceans.
    (b) Release.--On development of the strategy under subsection (a), 
the EPA Administrator shall--
            (1) distribute the strategy to States and units of local 
        government; and
            (2) make the strategy publicly available for use by--
                    (A) for-profit private entities involved in post-
                consumer materials management; and
                    (B) other nongovernmental entities.
    (c) Sense of Congress.--It is the sense of Congress that the 
strategy under subsection (a) should include guidance, for the purpose 
of reducing potential leakage of plastic waste and other post-consumer 
materials into waterways and oceans, relating to--
            (1) the harmonization of post-consumer materials management 
        protocols, such as waste collection and municipal recycling, 
        including--
                    (A) best practices for the collection of 
                residential recyclables;
                    (B) improved quality and sorting of residential 
                recyclable materials through opportunities such as--
                            (i) education and awareness programs;
                            (ii) improved infrastructure, including new 
                        equipment and innovative technologies for 
                        processing of recyclable materials;
                            (iii) enhanced markets for recycled 
                        material; and
                            (iv) standardized measurements; and
                    (C) increasing capacity for more types of plastic 
                (including plastic films) and other materials to be 
                collected, processed, and recycled or repurposed into 
                usable materials or products;
            (2) the development of new strategies and programs that 
        prioritize engagement and cooperation with States and the 
        private sector to expedite efforts and assistance in States to 
        partner with, encourage, advise, and facilitate the development 
        and execution, where practicable, of projects, programs, and 
        initiatives--
                    (A) to improve the capacity, security, and 
                standards of operations for post-consumer materials 
                management;
                    (B) to monitor and track how well post-consumer 
                materials management entities are functioning, based on 
                uniform and transparent standards developed in 
                cooperation with municipal, industrial, Federal, and 
                civil society stakeholders;
                    (C)(i) to identify the operational challenges of 
                post-consumer materials management; and
                    (ii) to develop policy and programmatic solutions 
                to those challenges; and
                    (D) to end intentional and unintentional incentives 
                for municipalities, industries, and individuals to 
                improperly dispose of municipal post-consumer 
                materials; and
            (3) strengthening markets for products with high levels of 
        recycled plastic content.
    (d) Complementary Activities.--It is the sense of Congress that the 
strategy developed under subsection (a) should include guidance on 
activities that are complementary to the activities described in 
subsection (c), such as--
            (1) reducing waste at the source of the waste, including 
        anti-litter initiatives;
            (2) developing effective post-consumer materials management 
        provisions for--
                    (A) national pollutant discharge elimination system 
                permits issued to municipal separate storm sewer 
                systems under section 402 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1342); and
                    (B) stormwater management plans;
            (3) capturing post-consumer materials at stormwater inlets, 
        at stormwater outfalls, or in bodies of water;
            (4) providing education and outreach relating to post-
        consumer materials movement and reduction; and
            (5) monitoring or modeling post-consumer material flows and 
        the reduction of post-consumer materials resulting from the 
        implementation of best management practices.

SEC. 3. POST-CONSUMER MATERIALS MANAGEMENT STATE REVOLVING FUNDS.

    (a) Block Grants to States To Establish Loan Funds.--
            (1) In general.--The EPA Administrator shall offer to enter 
        into agreements with eligible States to make capitalization 
        block grants, including letters of credit, to the States under 
        this subsection--
                    (A) to support improvements to local post-consumer 
                materials management, including municipal recycling 
                programs;
                    (B) to assist local waste management authorities in 
                making improvements to local waste management systems--
                            (i) to meet waste management standards, 
                        particularly with respect to systems falling 
                        significantly below national standards, as 
                        determined by the EPA Administrator; and
                            (ii) to implement the strategy developed 
                        under section 2(a);
                    (C) to deploy waste interceptor technologies, such 
                as ``trash wheels'' and litter traps, to manage the 
                collection and cleanup of aggregated waste from 
                waterways; and
                    (D) for such other purposes as the EPA 
                Administrator determines to be appropriate.
            (2) Eligibility.--To be eligible to receive a 
        capitalization block grant under this subsection, a State 
        shall--
                    (A) enter into a capitalization agreement with the 
                EPA Administrator under paragraph (1); and
                    (B) establish a post-consumer materials management 
                revolving State loan fund.
            (3) Deposit.--Funds from a capitalization block grant to a 
        State under this subsection shall be deposited in the State 
        loan fund established by the State.
            (4) Period.--Funds from a capitalization block grant to a 
        State under this subsection shall be available to the State for 
        obligation--
                    (A) during the fiscal year for which the funds are 
                authorized; and
                    (B) during the following fiscal year.
            (5) Allotment.--Funds made available to carry out this 
        section shall be allotted to States at the discretion of the 
        EPA Administrator.
            (6) Reallotment.--Any funds not obligated by a State by the 
        last day of the period for which the block grants are available 
        shall be reallotted in accordance with paragraph (5).
    (b) Use of Funds.--
            (1) In general.--Amounts deposited in a State loan fund, 
        including loan repayments and interest earned on the amounts, 
        shall be used only--
                    (A) for providing loans or loan guarantees;
                    (B) for outcomes-based or performance payments; or
                    (C) as a source of reserve and security for 
                leveraged loans.
            (2) Limitations.--Loans or loan guarantees made by a State 
        under paragraph (1)(A)--
                    (A) may be used only for expenditures of a type or 
                category that the EPA Administrator has determined, 
                through guidance, will--
                            (i) facilitate compliance with an intended 
                        use plan; or
                            (ii) otherwise significantly further the 
                        purposes described in subparagraphs (A) through 
                        (C) of subsection (a)(1); and
                    (B) may not be used for the acquisition of real 
                property or an interest in real property, unless the 
                acquisition is--
                            (i) integral to an intended use plan; and
                            (ii) from a willing seller.
    (c) Intended Use Plans.--
            (1) In general.--After providing for public review and 
        comment, each State that has entered into a capitalization 
        agreement under subsection (a)(1) annually shall prepare a plan 
        that identifies the intended uses of the amounts available from 
        the State loan fund of the State.
            (2) Contents.--An intended use plan shall include--
                    (A) a list of the projects to be carried out by 
                entities receiving the loans in the first fiscal year 
                that begins after the date of the intended use plan, 
                including a description of the project;
                    (B) a description of how the funds will support 
                disadvantaged communities;
                    (C) an explanation of any local restrictions, such 
                as flow control measures, that restrict access to 
                recyclable materials;
                    (D) the criteria and methods established for the 
                use of the funds; and
                    (E) a description of the financial status of the 
                State loan fund and the short- and long-term goals of 
                the State loan fund.
            (3) List of projects.--Each State, after notice and 
        opportunity for public comment, shall publish, and periodically 
        update, a list of projects in the State that are eligible for 
        assistance under this section, including--
                    (A) the priority assigned to each project; and
                    (B) to the maximum extent practicable, the expected 
                funding schedule for each project.
    (d) Fund Management.--
            (1) In general.--Each State loan fund shall be established, 
        maintained, and credited with repayments and interest, and the 
        fund corpus shall be available in perpetuity in accordance with 
        this section.
            (2) Investment authorized.--To the extent amounts in the 
        State loan fund of a State are not required for current 
        obligation or expenditure, the amounts shall be invested in 
        interest bearing obligations.
    (e) State Contributions.--Each capitalization agreement entered 
into under subsection (a)(1) shall require that the State deposit in 
the State loan fund from State funds an amount equal to not less than 
20 percent of the total amount of the block grant to be made to the 
State on or before the date on which the block grant payment is made to 
the State.
    (f) Administration of State Loan Fund.--
            (1) In general.--Each State annually may use not greater 
        than 4 percent of the funds allotted to the State under this 
        section to cover the reasonable costs of administration of the 
        programs under this section, including the recovery of 
        reasonable costs expended to establish a State loan fund that 
        are incurred after the date of enactment of this Act.
            (2) Guidance and regulations.--The EPA Administrator shall 
        issue guidance and promulgate regulations as are necessary to 
        carry out this section, including guidance and regulations--
                    (A) to ensure that each State commits and expends 
                funds allotted to the State under this section as 
                efficiently as practicable in accordance with this 
                section and applicable State law;
                    (B) to prevent waste, fraud, and abuse; and
                    (C) to ensure that the States receiving block 
                grants under this section use accounting, audit, and 
                fiscal procedures that conform to generally accepted 
                accounting standards.
            (3) State report.--Not less frequently than every 2 years, 
        each State administering a State loan fund under this section 
        shall submit to the EPA Administrator a report describing the 
        activities carried out under this section, including the 
        findings of the most recent audit of the State loan fund and 
        the entire State allotment.
            (4) Audits.--The EPA Administrator shall periodically audit 
        all State loan funds established by, and all other amounts 
        allotted to, the States in accordance with procedures 
        established by the Comptroller General of the United States.
    (g) Applicability of Federal Law.--
            (1) In general.--The EPA Administrator shall ensure that 
        all laborers and mechanics employed on projects funded 
        directly, or assisted in whole or in part, by a State loan fund 
        established by this section shall be paid wages at rates not 
        less than those prevailing on projects of a character similar 
        in the locality as determined by the Secretary of Labor in 
        accordance with subchapter IV of chapter 31 of part A of 
        subtitle II of title 40, United States Code.
            (2) Authority.--With respect to the labor standards 
        specified in paragraph (1), the Secretary of Labor shall have 
        the authority and functions set forth in Reorganization Plan 
        Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 
        3145 of title 40, United States Code.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $300,000,000 for each of fiscal 
years 2020 through 2025.

SEC. 4. GRANT PROGRAMS.

    (a) Post-Consumer Materials Management Infrastructure Grant 
Program.--
            (1) In general.--The EPA Administrator may provide grants 
        to units of local government, Indian Tribes, and local post-
        consumer materials management entities--
                    (A) to assist those entities in making improvements 
                to post-consumer materials management--
                            (i) to meet waste management standards; and
                            (ii) to implement the strategy developed 
                        under section 2(a); and
                    (B) to support improvements to local post-consumer 
                materials management, including traditional and 
                innovative recycling and reuse technologies and 
                processes for transforming recyclable plastics into 
                commodity-grade materials for use.
            (2) Applications.--To be eligible to receive a grant under 
        paragraph (1), an applicant shall submit to the EPA 
        Administrator an application at such time, in such manner, and 
        containing such information as the EPA Administrator may 
        require.
    (b) Drinking Water Infrastructure Grants.--
            (1) In general.--The EPA Administrator may provide 
        competitive grants to units of local government (including 
        units of local government that own treatment works (as defined 
        in section 212 of the Federal Water Pollution Control Act (33 
        U.S.C. 1292))), Indian Tribes, and public water systems (as 
        defined in section 1401 of the Safe Drinking Water Act (42 
        U.S.C. 300f)), as applicable, to support improvements in 
        removing plastic waste from drinking water, including planning, 
        design, construction, technical assistance, and planning 
        support for operational adjustments.
            (2) Preference.--In making grants under paragraph (1), the 
        EPA Administrator shall give preference to applicants that--
                    (A) seek to improve the removal of microplastics, 
                including microfibers, from drinking water; and
                    (B) have demonstrated prior commitment and success 
                in reducing other pollution sources in drinking water, 
                such as lead and other contaminants.
            (3) Applications.--To be eligible to receive a grant under 
        paragraph (1), an applicant shall submit to the EPA 
        Administrator an application at such time, in such manner, and 
        containing such information as the EPA Administrator may 
        require.
    (c) Wastewater Infrastructure Grants.--
            (1) In general.--The EPA Administrator may provide grants 
        to units of local government (including units of local 
        government that own treatment works (as defined in section 212 
        of the Federal Water Pollution Control Act (33 U.S.C. 1292))) 
        and public water systems (as defined in section 1401 of the 
        Safe Drinking Water Act (42 U.S.C. 300f)), as applicable, to 
        support improvements in removing plastic waste from wastewater.
            (2) Preference.--In making grants under paragraph (1), the 
        EPA Administrator shall give preference to applicants that--
                    (A) seek to improve the removal of microplastics, 
                including microfibers, from wastewater; and
                    (B) have demonstrated prior commitment and success 
                in reducing other pollution sources in wastewater, such 
                as nutrient pollution and other contaminants.
            (3) Applications.--To be eligible to receive a grant under 
        paragraph (1), an applicant shall submit to the EPA 
        Administrator an application at such time, in such manner, and 
        containing such information as the EPA Administrator may 
        require.
    (d) Trash-Free Waters Grants.--
            (1) In general.--The EPA Administrator may provide grants 
        to political subdivisions of States and units of local 
        government, Indian Tribes, and nonprofit organizations--
                    (A) to support projects to reduce the quantity of 
                solid waste in bodies of water by reducing the quantity 
                of waste at the source, including through anti-litter 
                initiatives;
                    (B) to enforce local post-consumer materials 
                management ordinances;
                    (C) to implement the solid waste provisions of a 
                national pollutant discharge elimination system permit 
                issued to a municipal separate storm sewer system under 
                section 402 of the Federal Water Pollution Control Act 
                (33 U.S.C. 1342);
                    (D) to capture post-consumer materials at 
                stormwater inlets, at stormwater outfalls, or in bodies 
                of water;
                    (E) to provide education and outreach about post-
                consumer materials movement and reduction; and
                    (F) to monitor or model flows of post-consumer 
                materials, including monitoring or modeling a reduction 
                in trash as a result of the implementation of best 
                management practices for the reduction of plastic waste 
                and other post-consumer materials in sources of 
                drinking water.
            (2) Applications.--To be eligible to receive a grant under 
        paragraph (1), an applicant shall submit to the EPA 
        Administrator an application at such time, in such manner, and 
        containing such information as the EPA Administrator may 
        require.
    (e) Authorization of Appropriations.--
            (1) In general.--Subject to paragraph (2), there are 
        authorized to be appropriated, for each of the programs 
        described in this section, $50,000,000 per year for each of 
        fiscal years 2020 through 2025.
            (2) No impact on other federal funds.--
                    (A) In general.--No funds shall be made available 
                under paragraph (1) to carry out subsections (b) and 
                (c) in a fiscal year if the total amount made available 
                to carry out the programs described in subparagraph (B) 
                for that fiscal year is less than the total amount made 
                available to carry out the programs described in 
                subparagraph (B) for fiscal year 2019.
                    (B) Programs described.--The programs referred to 
                in subparagraph (A) are--
                            (i) State drinking water treatment 
                        revolving loan funds established under section 
                        1452 of the Safe Drinking Water Act (42 U.S.C. 
                        300j-12);
                            (ii) programs for assistance for small and 
                        disadvantaged communities under subsections (a) 
                        through (j) of section 1459A of the Safe 
                        Drinking Water Act (42 U.S.C. 300j-19a); and
                            (iii) State water pollution control 
                        revolving funds established under title VI of 
                        the Federal Water Pollution Control Act (33 
                        U.S.C. 1381 et seq.).

SEC. 5. STUDY ON REPURPOSING PLASTIC WASTE IN INFRASTRUCTURE.

    (a) In General.--The Secretary of Transportation (referred to in 
this section as the ``Secretary'') and the EPA Administrator shall seek 
to jointly enter into an arrangement with the National Academies of 
Sciences, Engineering, and Medicine under which the National Academies 
will--
            (1) conduct a study of the feasibility and advisability of 
        innovative uses of plastic waste in roadways, bridges, and 
        other infrastructure; and
            (2) as part of the study under paragraph (1)--
                    (A) identify international examples of--
                            (i) the use of materials described in that 
                        paragraph; and
                            (ii) projects in which the use of plastic 
                        waste has been applied;
                    (B) assess the economic benefits, if any, including 
                employment opportunities, to municipalities and States 
                in investing in innovative reuse of plastic waste in 
                infrastructure; and
                    (C) if the National Academies consider uses 
                described in that paragraph to be advisable, make 
                recommendations with respect to what Federal testing 
                standards and other barriers may need to be addressed 
                to enable those uses, including with respect to 
                ensuring human health and safety.
    (b) Report Required.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall submit to Congress a report 
on the study conducted under subsection (a).
    (c) Grant Program.--
            (1) In general.--If the National Academies consider the 
        innovative uses of plastic waste described in subsection (a)(1) 
        to be advisable, and the Secretary agrees, the Secretary shall 
        establish a grant program to encourage those uses.
            (2) Demonstration projects.--If the Secretary establishes a 
        grant program under paragraph (1), the Secretary shall carry 
        out the grant program by selecting, through a competitive 
        process, not more than 5 projects to demonstrate the uses 
        described in subsection (a)(1), each of which shall be located 
        in a different region of the United States.
            (3) Report.--Not later than 180 days after the date on 
        which the last demonstration project, if any, is completed 
        under paragraph (2), the Secretary shall submit to Congress a 
        report summarizing the results of the demonstration projects, 
        including--
                    (A) the total quantity of plastic waste redirected 
                from the waste stream into infrastructure;
                    (B) the durability of the infrastructure 
                constructed with plastic waste; and
                    (C) any cost savings achieved through the use of 
                plastic waste in the demonstration projects.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 6. STUDY ON OPTIONS TO ADVANCE TECHNOLOGIES FOR CONVERTING PLASTIC 
              WASTE TO CHEMICALS, FEEDSTOCKS, AND OTHER PRODUCTS.

    (a) In General.--The EPA Administrator shall seek to enter into an 
arrangement with the National Academies of Sciences, Engineering, and 
Medicine under which the National Academies will conduct a study on 
options to advance technologies (including pyrolysis, hydropyrolysis, 
methanolysis, gasification, and enzymatic breakdown) for converting 
plastic waste to useful products, such as chemicals, feedstocks, fuels, 
and energy.
    (b) Inclusions.--As part of the study under subsection (a), the 
National Academies shall conduct an evaluation of--
            (1) the air emissions associated with technologies 
        described in that subsection; and
            (2) an evaluation of the ability of those technologies to 
        become cost-competitive with other options for obtaining source 
        materials or producing energy.
    (c) Report Required.--Not later than 2 years after the date of the 
enactment of this Act, the EPA Administrator shall submit to Congress a 
report on the study conducted under subsection (a).

SEC. 7. STUDY ON EFFECTS OF MICROPLASTICS IN FOOD SUPPLIES AND SOURCES 
              OF DRINKING WATER.

    (a) In General.--The EPA Administrator, in consultation with the 
Under Secretary, shall seek to enter into an arrangement with the 
National Academies of Sciences, Engineering, and Medicine under which 
the National Academies will conduct a human health and environmental 
risk assessment on microplastics, including microfibers, in food 
supplies and sources of drinking water.
    (b) Report Required.--Not later than 2 years after the date of the 
enactment of this Act, the EPA Administrator shall submit to Congress a 
report on the study conducted under subsection (a) that includes--
            (1) a science-based definition of ``microplastics'' that 
        can be adopted in federally supported monitoring and future 
        assessments supported or conducted by a Federal agency;
            (2) recommendations for standardized monitoring, testing, 
        and other necessary protocols relating to microplastics;
            (3)(A) an assessment of whether microplastics are currently 
        present in the food supplies and sources of drinking water of 
        United States consumers; and
            (B) if the assessment under subparagraph (A) is positive--
                    (i) the extent to which microplastics are present 
                in the food supplies and sources of drinking water; and
                    (ii) an assessment of the type, source, prevalence, 
                and risk of microplastics in the food supplies and 
                sources of drinking water;
            (4) an assessment of the risk posed, if any, by the 
        presence of microplastics in the food supplies and sources of 
        drinking water of United States consumers that includes--
                    (A) an identification of the most significant 
                sources of those microplastics; and
                    (B) a review of the best available science to 
                determine any potential hazards of microplastics in the 
                food supplies and sources of drinking water of United 
                States consumers; and
            (5) a measurement of--
                    (A) the quantity of environmental chemicals that 
                absorb to microplastics; and
                    (B) the quantity described in subparagraph (A) that 
                would be available for human exposure through food 
                supplies or sources of drinking water.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 8. REPORT ON ELIMINATING BARRIERS TO INCREASE THE COLLECTION OF 
              RECYCLABLE MATERIALS.

    Not later than 1 year after the date of enactment of this Act, the 
EPA Administrator shall submit to Congress a report describing--
            (1) the economic, technological, resource availability, or 
        other barriers to increasing the collection of recyclable 
        materials; and
            (2) recommendations to overcome the barriers described 
        under paragraph (1).

SEC. 9. REPORT ON ECONOMIC INCENTIVES TO SPUR DEVELOPMENT OF NEW END-
              USE MARKETS FOR RECYCLED PLASTICS.

    Not later than 1 year after the date of enactment of this Act, the 
EPA Administrator shall submit to Congress a report describing the most 
efficient and effective economic incentives to spur the development of 
additional new end-use markets for recyclable plastics (including 
plastic film), including the use of increased recycled content by 
manufacturers in the production of plastic goods and packaging.
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