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

<DOC>





                                                       Calendar No. 224
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, Mr. Menendez, Mr. 
  Blumenthal, Mr. Coons, Mr. Murphy, and Mr. Merkley) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

                           September 25, 2019

              Reported by Mr. Barrasso, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; DEFINITIONS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Save Our 
Seas 2.0: Improving Domestic Infrastructure to Prevent Marine Debris 
Act''.</DELETED>
<DELETED>    (b) Definitions.--In this Act:</DELETED>
        <DELETED>    (1) EPA administrator.--The term ``EPA 
        Administrator'' means the Administrator of the Environmental 
        Protection Agency.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Intended use plan.--The term ``intended use 
        plan'' means a plan developed by a State under section 
        3(c)(1).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) collection;</DELETED>
                <DELETED>    (B) transport;</DELETED>
                <DELETED>    (C) safe disposal of waste that cannot be 
                recovered, reused, recycled, repaired, or refurbished; 
                and</DELETED>
                <DELETED>    (D) systems and processes related to post-
                use materials that can be recovered, reused, recycled, 
                repaired, or refurbished.</DELETED>
        <DELETED>    (6) State.--The term ``State'' means--</DELETED>
                <DELETED>    (A) a State;</DELETED>
                <DELETED>    (B) an Indian Tribe;</DELETED>
                <DELETED>    (C) the District of Columbia; 
                and</DELETED>
                <DELETED>    (D) a territory or possession of the 
                United States.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 2. STRATEGY FOR IMPROVING POST-CONSUMER MATERIALS 
              MANAGEMENT AND WATER MANAGEMENT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Release.--On development of the strategy under 
subsection (a), the EPA Administrator shall--</DELETED>
        <DELETED>    (1) distribute the strategy to States and units of 
        local government; and</DELETED>
        <DELETED>    (2) make the strategy publicly available for use 
        by--</DELETED>
                <DELETED>    (A) for-profit private entities involved 
                in post-consumer materials management; and</DELETED>
                <DELETED>    (B) other nongovernmental 
                entities.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) the harmonization of post-consumer materials 
        management protocols, such as waste collection and municipal 
        recycling, including--</DELETED>
                <DELETED>    (A) best practices for the collection of 
                residential recyclables;</DELETED>
                <DELETED>    (B) improved quality and sorting of 
                residential recyclable materials through opportunities 
                such as--</DELETED>
                        <DELETED>    (i) education and awareness 
                        programs;</DELETED>
                        <DELETED>    (ii) improved infrastructure, 
                        including new equipment and innovative 
                        technologies for processing of recyclable 
                        materials;</DELETED>
                        <DELETED>    (iii) enhanced markets for 
                        recycled material; and</DELETED>
                        <DELETED>    (iv) standardized measurements; 
                        and</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) to improve the capacity, security, and 
                standards of operations for post-consumer materials 
                management;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (C)(i) to identify the operational 
                challenges of post-consumer materials management; 
                and</DELETED>
                <DELETED>    (ii) to develop policy and programmatic 
                solutions to those challenges; and</DELETED>
                <DELETED>    (D) to end intentional and unintentional 
                incentives for municipalities, industries, and 
                individuals to improperly dispose of municipal post-
                consumer materials; and</DELETED>
        <DELETED>    (3) strengthening markets for products with high 
        levels of recycled plastic content.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) reducing waste at the source of the waste, 
        including anti-litter initiatives;</DELETED>
        <DELETED>    (2) developing effective post-consumer materials 
        management provisions for--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) stormwater management plans;</DELETED>
        <DELETED>    (3) capturing post-consumer materials at 
        stormwater inlets, at stormwater outfalls, or in bodies of 
        water;</DELETED>
        <DELETED>    (4) providing education and outreach relating to 
        post-consumer materials movement and reduction; and</DELETED>
        <DELETED>    (5) monitoring or modeling post-consumer material 
        flows and the reduction of post-consumer materials resulting 
        from the implementation of best management practices.</DELETED>

<DELETED>SEC. 3. POST-CONSUMER MATERIALS MANAGEMENT STATE REVOLVING 
              FUNDS.</DELETED>

<DELETED>    (a) Block Grants to States To Establish Loan Funds.--
</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) to support improvements to local post-
                consumer materials management, including municipal 
                recycling programs;</DELETED>
                <DELETED>    (B) to assist local waste management 
                authorities in making improvements to local waste 
                management systems--</DELETED>
                        <DELETED>    (i) to meet waste management 
                        standards, particularly with respect to systems 
                        falling significantly below national standards, 
                        as determined by the EPA Administrator; 
                        and</DELETED>
                        <DELETED>    (ii) to implement the strategy 
                        developed under section 2(a);</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (D) for such other purposes as the EPA 
                Administrator determines to be appropriate.</DELETED>
        <DELETED>    (2) Eligibility.--To be eligible to receive a 
        capitalization block grant under this subsection, a State 
        shall--</DELETED>
                <DELETED>    (A) enter into a capitalization agreement 
                with the EPA Administrator under paragraph (1); 
                and</DELETED>
                <DELETED>    (B) establish a post-consumer materials 
                management revolving State loan fund.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Period.--Funds from a capitalization block 
        grant to a State under this subsection shall be available to 
        the State for obligation--</DELETED>
                <DELETED>    (A) during the fiscal year for which the 
                funds are authorized; and</DELETED>
                <DELETED>    (B) during the following fiscal 
                year.</DELETED>
        <DELETED>    (5) Allotment.--Funds made available to carry out 
        this section shall be allotted to States at the discretion of 
        the EPA Administrator.</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (b) Use of Funds.--</DELETED>
        <DELETED>    (1) In general.--Amounts deposited in a State loan 
        fund, including loan repayments and interest earned on the 
        amounts, shall be used only--</DELETED>
                <DELETED>    (A) for providing loans or loan 
                guarantees;</DELETED>
                <DELETED>    (B) for outcomes-based or performance 
                payments; or</DELETED>
                <DELETED>    (C) as a source of reserve and security 
                for leveraged loans.</DELETED>
        <DELETED>    (2) Limitations.--Loans or loan guarantees made by 
        a State under paragraph (1)(A)--</DELETED>
                <DELETED>    (A) may be used only for expenditures of a 
                type or category that the EPA Administrator has 
                determined, through guidance, will--</DELETED>
                        <DELETED>    (i) facilitate compliance with an 
                        intended use plan; or</DELETED>
                        <DELETED>    (ii) otherwise significantly 
                        further the purposes described in subparagraphs 
                        (A) through (C) of subsection (a)(1); 
                        and</DELETED>
                <DELETED>    (B) may not be used for the acquisition of 
                real property or an interest in real property, unless 
                the acquisition is--</DELETED>
                        <DELETED>    (i) integral to an intended use 
                        plan; and</DELETED>
                        <DELETED>    (ii) from a willing 
                        seller.</DELETED>
<DELETED>    (c) Intended Use Plans.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Contents.--An intended use plan shall 
        include--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) a description of how the funds will 
                support disadvantaged communities;</DELETED>
                <DELETED>    (C) an explanation of any local 
                restrictions, such as flow control measures, that 
                restrict access to recyclable materials;</DELETED>
                <DELETED>    (D) the criteria and methods established 
                for the use of the funds; and</DELETED>
                <DELETED>    (E) a description of the financial status 
                of the State loan fund and the short- and long-term 
                goals of the State loan fund.</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) the priority assigned to each project; 
                and</DELETED>
                <DELETED>    (B) to the maximum extent practicable, the 
                expected funding schedule for each project.</DELETED>
<DELETED>    (d) Fund Management.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (f) Administration of State Loan Fund.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) to prevent waste, fraud, and abuse; 
                and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (g) Applicability of Federal Law.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 4. GRANT PROGRAMS.</DELETED>

<DELETED>    (a) Post-Consumer Materials Management Infrastructure 
Grant Program.--</DELETED>
        <DELETED>    (1) In general.--The EPA Administrator may provide 
        grants to units of local government, Indian Tribes, and local 
        post-consumer materials management entities--</DELETED>
                <DELETED>    (A) to assist those entities in making 
                improvements to post-consumer materials management--
                </DELETED>
                        <DELETED>    (i) to meet waste management 
                        standards; and</DELETED>
                        <DELETED>    (ii) to implement the strategy 
                        developed under section 2(a); and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Drinking Water Infrastructure Grants.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Preference.--In making grants under paragraph 
        (1), the EPA Administrator shall give preference to applicants 
        that--</DELETED>
                <DELETED>    (A) seek to improve the removal of 
                microplastics, including microfibers, from drinking 
                water; and</DELETED>
                <DELETED>    (B) have demonstrated prior commitment and 
                success in reducing other pollution sources in drinking 
                water, such as lead and other contaminants.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Wastewater Infrastructure Grants.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Preference.--In making grants under paragraph 
        (1), the EPA Administrator shall give preference to applicants 
        that--</DELETED>
                <DELETED>    (A) seek to improve the removal of 
                microplastics, including microfibers, from wastewater; 
                and</DELETED>
                <DELETED>    (B) have demonstrated prior commitment and 
                success in reducing other pollution sources in 
                wastewater, such as nutrient pollution and other 
                contaminants.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Trash-Free Waters Grants.--</DELETED>
        <DELETED>    (1) In general.--The EPA Administrator may provide 
        grants to political subdivisions of States and units of local 
        government, Indian Tribes, and nonprofit organizations--
        </DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) to enforce local post-consumer 
                materials management ordinances;</DELETED>
                <DELETED>    (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);</DELETED>
                <DELETED>    (D) to capture post-consumer materials at 
                stormwater inlets, at stormwater outfalls, or in bodies 
                of water;</DELETED>
                <DELETED>    (E) to provide education and outreach 
                about post-consumer materials movement and reduction; 
                and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (e) Authorization of Appropriations.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) No impact on other federal funds.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Programs described.--The programs 
                referred to in subparagraph (A) are--</DELETED>
                        <DELETED>    (i) State drinking water treatment 
                        revolving loan funds established under section 
                        1452 of the Safe Drinking Water Act (42 U.S.C. 
                        300j-12);</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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.).</DELETED>

<DELETED>SEC. 5. STUDY ON REPURPOSING PLASTIC WASTE IN 
              INFRASTRUCTURE.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) conduct a study of the feasibility and 
        advisability of innovative uses of plastic waste in roadways, 
        bridges, and other infrastructure; and</DELETED>
        <DELETED>    (2) as part of the study under paragraph (1)--
        </DELETED>
                <DELETED>    (A) identify international examples of--
                </DELETED>
                        <DELETED>    (i) the use of materials described 
                        in that paragraph; and</DELETED>
                        <DELETED>    (ii) projects in which the use of 
                        plastic waste has been applied;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (c) Grant Program.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the total quantity of plastic waste 
                redirected from the waste stream into 
                infrastructure;</DELETED>
                <DELETED>    (B) the durability of the infrastructure 
                constructed with plastic waste; and</DELETED>
                <DELETED>    (C) any cost savings achieved through the 
                use of plastic waste in the demonstration 
                projects.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section.</DELETED>

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

<DELETED>    (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.</DELETED>
<DELETED>    (b) Inclusions.--As part of the study under subsection 
(a), the National Academies shall conduct an evaluation of--</DELETED>
        <DELETED>    (1) the air emissions associated with technologies 
        described in that subsection; and</DELETED>
        <DELETED>    (2) an evaluation of the ability of those 
        technologies to become cost-competitive with other options for 
        obtaining source materials or producing energy.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 7. STUDY ON EFFECTS OF MICROPLASTICS IN FOOD SUPPLIES AND 
              SOURCES OF DRINKING WATER.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) recommendations for standardized monitoring, 
        testing, and other necessary protocols relating to 
        microplastics;</DELETED>
        <DELETED>    (3)(A) an assessment of whether microplastics are 
        currently present in the food supplies and sources of drinking 
        water of United States consumers; and</DELETED>
        <DELETED>    (B) if the assessment under subparagraph (A) is 
        positive--</DELETED>
                <DELETED>    (i) the extent to which microplastics are 
                present in the food supplies and sources of drinking 
                water; and</DELETED>
                <DELETED>    (ii) an assessment of the type, source, 
                prevalence, and risk of microplastics in the food 
                supplies and sources of drinking water;</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) an identification of the most 
                significant sources of those microplastics; 
                and</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (5) a measurement of--</DELETED>
                <DELETED>    (A) the quantity of environmental 
                chemicals that absorb to microplastics; and</DELETED>
                <DELETED>    (B) the quantity described in subparagraph 
                (A) that would be available for human exposure through 
                food supplies or sources of drinking water.</DELETED>
<DELETED>    (c) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section.</DELETED>

<DELETED>SEC. 8. REPORT ON ELIMINATING BARRIERS TO INCREASE THE 
              COLLECTION OF RECYCLABLE MATERIALS.</DELETED>

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

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

<DELETED>    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.</DELETED>

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) 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.
            (4) Post-consumer materials management.--The term ``post-
        consumer materials management'' means the systems, operation, 
        supervision, and long-term management 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.
            (5) State.--The term ``State'' means--
                    (A) a State;
                    (B) an Indian Tribe;
                    (C) the District of Columbia;
                    (D) a territory or possession of the United States; 
                or
                    (E) any political subdivision of an entity 
                described in subparagraphs (A) through (D).
            (6) 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 infrastructure for the purpose of reducing plastic waste 
and other post-consumer materials in waterways and oceans.
    (b) Release.--On development of the strategy under subsection (a), 
the EPA Administrator shall--
            (1) distribute the strategy to States; 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.

SEC. 3. SENSE OF THE SENATE FOR ISSUES TO BE INCLUDED IN STRATEGY FOR 
              POST-CONSUMER MATERIALS MANAGEMENT AND WATER MANAGEMENT.

    It is the sense of the Senate that the strategy under section 2 
should address, for the purpose of reducing plastic waste and other 
post-consumer materials in waterways and oceans--
            (1) the harmonization of post-consumer materials management 
        protocols, including--
                    (A) best practices for the collection of post-
                consumer recyclables;
                    (B) improved quality and sorting of post-consumer 
                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, where practicable, 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 for States to 
        partner with, encourage, advise, and facilitate the development 
        and execution, where practicable, of projects, programs, and 
        initiatives--
                    (A) to improve operations for post-consumer 
                materials management;
                    (B) to monitor how well post-consumer materials 
                management entities are functioning;
                    (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 
                to improperly dispose of post-consumer materials;
            (3) strengthening markets for products with high levels of 
        recycled plastic content; and
            (4) the consideration of complementary activities, such 
        as--
                    (A) reducing waste at the source of the waste, 
                including anti-litter initiatives;
                    (B) developing effective post-consumer materials 
                management provisions in stormwater management plans;
                    (C) capturing post-consumer materials at stormwater 
                inlets, at stormwater outfalls, or in bodies of water;
                    (D) providing education and outreach relating to 
                post-consumer materials movement and reduction;
                    (E) monitoring or modeling post-consumer material 
                flows and the reduction of post-consumer materials 
                resulting from the implementation of best management 
                practices; and
                    (F) incentives for manufacturers to design 
                packaging and consumer goods that can more easily be 
                recycled, repurposed, or otherwise removed from the 
                waste stream after their initial use.

SEC. 4. GRANT PROGRAMS.

    (a) Post-Consumer Materials Management Infrastructure Grant 
Program.--
            (1) In general.--The EPA Administrator may provide grants 
        to States, as defined in section 1(b)(5), to implement the 
        strategy developed under section 2(a) and--
                    (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;
                    (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) Applications.--To be eligible to receive a grant under 
        paragraph (1), the applicant State shall submit to the EPA 
        Administrator an application at such time, in such manner, and 
        containing such information as the EPA Administrator may 
        require.
            (3) Contents of applications.--In developing application 
        requirements, the EPA Administrator shall consider requesting 
        that a State applicant provide--
                    (A) a description of the project or projects to be 
                carried out by entities receiving the grant;
                    (B) a description of how the funds will support 
                disadvantaged communities; and
                    (C) an explanation of any limitations, such as flow 
                control measures, that restrict access to recyclable 
                materials.
            (4) Report to congress.--Not later than January 1, 2023, 
        the EPA Administrator shall submit to the Committee on 
        Environment and Public Works of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report that includes--
                    (A) a description of the activities carried out 
                under this subsection;
                    (B) estimates as to how much plastic waste was 
                prevented from entering the oceans and other waterways 
                as a result of activities funded by the grant; and
                    (C) a recommendation on the utility of evolving the 
                grant program into a new waste management State 
                revolving fund.
    (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 and post-consumer materials, including 
        microplastics and microfibers, from drinking water, including 
        planning, design, construction, technical assistance, and 
        planning support for operational adjustments.
            (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.
    (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)), 
        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 
        and post-consumer materials, including microplastics and 
        microfibers, from wastewater.
            (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.
    (d) Trash-free Waters Grants.--
            (1) In general.--The EPA Administrator may provide grants 
        to 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 State or local policies relating 
                to solid waste;
                    (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) 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 grant 
        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.
    (f) Limitation on Use of Funds.--A grant under this section may not 
be used (directly or indirectly) as a source of payment (in whole or in 
part) of, or security for, an obligation the interest on which is 
excluded from gross income under section 103 of the Internal Revenue 
Code of 1986.
    (g) Authorization of Appropriations.--
            (1) In general.--Subject to paragraph (2), there are 
        authorized to be appropriated--
                    (A) for the program described subsection (a), 
                $55,000,000 for each of fiscal years 2021 through 2025; 
                and
                    (B) for each of the programs described subsections 
                (b), (c), and (d), $10,000,000 for each of fiscal years 
                2021 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 
jointly enter into an arrangement with the National Academies of 
Sciences, Engineering, and Medicine under which the National Academies 
will--
            (1) conduct a study on the uses of plastic waste in 
        infrastructure; and
            (2) as part of the study under paragraph (1)--
                    (A) identify domestic and international examples 
                of--
                            (i) the use of plastic waste materials 
                        described in that paragraph;
                            (ii) infrastructure projects in which the 
                        use of plastic waste has been applied; and
                            (iii) projects in which the use of plastic 
                        waste has been incorporated into or with other 
                        infrastructure materials;
                    (B) assess--
                            (i) the effectiveness and utility of the 
                        uses of plastic waste described in that 
                        paragraph;
                            (ii) the extent to which plastic waste 
                        materials are consistent with recognized 
                        specifications for infrastructure construction 
                        and other recognized standards;
                            (iii) relevant impacts of plastic waste 
                        materials compared to non-waste plastic 
                        materials;
                            (iv) the health, safety, and environmental 
                        impacts of--
                                    (I) plastic waste on humans and 
                                animals; and
                                    (II) the increased use of plastic 
                                waste for infrastructure;
                            (v) the ability of plastic waste 
                        infrastructure to withstand natural disasters, 
                        extreme weather events, and other hazards; and
                            (vi) plastic waste in infrastructure 
                        through an economic analysis; and
                    (C) make recommendations with respect to what 
                standards or matters may need to be addressed with 
                respect to ensuring human and animal health and safety 
                from the use of plastic waste in infrastructure.
    (b) Report Required.--Not later than 2 years after the date of 
enactment of this Act and subject to the availability of 
appropriations, the Secretary and the EPA Administrator shall submit to 
Congress a report on the study conducted under subsection (a).

SEC. 6. 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 
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.

SEC. 7. 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, educational, technological, resource 
        availability, legal, or other barriers to increasing the 
        collection, processing, and use of recyclable materials; and
            (2) recommendations to overcome the barriers described 
        under paragraph (1).

SEC. 8. 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.
                                                       Calendar No. 224

116th CONGRESS

  1st Session

                                S. 2260

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 25, 2019

                       Reported with an amendment