[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3743 Engrossed in Senate (ES)]

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117th CONGRESS
  2d Session
                                S. 3743

_______________________________________________________________________

                                 AN ACT


 
To require the Administrator of the Environmental Protection Agency to 
   carry out certain activities to improve recycling and composting 
         programs in the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Recycling and Composting 
Accountability Act''.

SEC. 2. DEFINITIONS.

    (a) In General.--In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Circular market.--The term ``circular market'' means a 
        market that utilizes industrial processes and economic 
        activities to enable post-industrial and post-consumer 
        materials used in those processes and activities to maintain 
        their highest values for as long as possible.
            (3) Compost.--The term ``compost'' means a product that--
                    (A) is manufactured through the controlled aerobic, 
                biological decomposition of biodegradable materials;
                    (B) has been subjected to medium and high 
                temperature organisms, which--
                            (i) significantly reduce the viability of 
                        pathogens and weed seeds; and
                            (ii) stabilize carbon in the product such 
                        that the product is beneficial to plant growth; 
                        and
                    (C) is typically used as a soil amendment, but may 
                also contribute plant nutrients.
            (4) Compostable material.--The term ``compostable 
        material'' means material that is a feedstock for creating 
        compost, including--
                    (A) wood;
                    (B) agricultural crops;
                    (C) paper;
                    (D) certified compostable products associated with 
                organic waste;
                    (E) other organic plant material;
                    (F) marine products;
                    (G) organic waste, including food waste and yard 
                waste; and
                    (H) such other material that is composed of biomass 
                that can be continually replenished or renewed, as 
                determined by the Administrator.
            (5) Composting facility.--The term ``composting facility'' 
        means a location, structure, or device that transforms 
        compostable materials into compost.
            (6) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (7) Materials recovery facility.--
                    (A) In general.--The term ``materials recovery 
                facility'' means a dedicated facility where primarily 
                residential recyclable materials, which are diverted 
                from disposal by the generator and collected separately 
                from municipal solid waste, are mechanically or 
                manually sorted into commodities for further processing 
                into specification-grade commodities for sale to end 
                users.
                    (B) Exclusion.--The term ``materials recovery 
                facility'' does not include a solid waste management 
                facility that may process municipal solid waste to 
                remove recyclable materials.
            (8) Recyclable material.--The term ``recyclable material'' 
        means a material that is obsolete, previously used, off-
        specification, surplus, or incidentally produced for processing 
        into a specification-grade commodity for which a circular 
        market currently exists or is being developed.
            (9) Recycling.--The term ``recycling'' means the series of 
        activities--
                    (A) during which recyclable materials are processed 
                into specification-grade commodities, and consumed as 
                raw-material feedstock, in lieu of virgin materials, in 
                the manufacturing of new products;
                    (B) that may include sorting, collection, 
                processing, and brokering; and
                    (C) that result in subsequent consumption by a 
                materials manufacturer, including for the manufacturing 
                of new products.
            (10) State.--The term ``State'' has the meaning given the 
        term in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 
        6903).
    (b) Definition of Processing.--In paragraphs (7), (8), and (9) of 
subsection (a), the term ``processing'' means any mechanical, manual, 
or other method that--
            (1) transforms a recyclable material into a specification-
        grade commodity; and
            (2) may occur in multiple steps, with different steps, 
        including sorting, occurring at different locations.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) recycling and composting conserve resources, protect 
        the environment, and are important to the United States 
        economy;
            (2) the United States recycling and composting 
        infrastructure encompass each of the entities that collect, 
        process, broker, and consume recyclable materials and 
        compostable materials sourced from commercial, industrial, 
        institutional, and residential sources;
            (3) the residential segment of the United States recycling 
        and composting infrastructure is facing challenges from--
                    (A) confusion over what materials are recyclable 
                materials or compostable materials;
                    (B) reduced export markets;
                    (C) growing, but still limited, domestic end 
                markets; and
                    (D) an ever-changing and heterogeneous supply 
                stream;
            (4) in some areas, recycling and composting infrastructure 
        is in need of revitalization; and
            (5) in an effort to address those challenges, the United 
        States must use a combination of tactics to improve recycling 
        and composting in the United States.

SEC. 4. REPORT ON COMPOSTING INFRASTRUCTURE CAPABILITIES.

    The Administrator, in consultation with States, units of local 
government, and Indian Tribes, shall--
            (1) prepare a report describing the capability of the 
        United States to implement a national composting strategy for 
        compostable materials for the purposes of reducing 
        contamination rates for recycling, including--
                    (A) an evaluation of existing Federal, State, and 
                local laws that may present barriers to implementation 
                of a national composting strategy;
                    (B)(i) an evaluation of existing composting 
                programs of States, units of local government, and 
                Indian Tribes; and
                    (ii) a description of best practices based on those 
                programs;
                    (C) an evaluation of existing composting 
                infrastructure in States, units of local government, 
                and Indian Tribes for the purposes of estimating cost 
                and approximate land needed to expand composting 
                programs; and
                    (D) a study of the practices of manufacturers and 
                companies that are moving to using compostable 
                packaging and food service ware for the purpose of 
                making the composting process the end-of-life use of 
                those products; and
            (2) not later than 1 year after the date of enactment of 
        this Act, submit the report prepared under paragraph (1) to 
        Congress.

SEC. 5. REPORT ON FEDERAL AGENCY RECYCLING PRACTICES.

    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter, the Comptroller General of the United States, in 
consultation with the Administrator, shall make publicly available a 
report describing--
            (1) the total annual recycling and composting rates 
        reported by all Federal agencies;
            (2) the total annual percentage of products containing 
        recyclable material, compostable material, or recovered 
        materials purchased by all Federal agencies, including--
                    (A) the total quantity of procured products 
                containing recyclable material or recovered materials 
                listed in the comprehensive procurement guidelines 
                published under section 6002(e) of the Solid Waste 
                Disposal Act (42 U.S.C. 6962(e)); and
                    (B) the total quantity of compostable material 
                purchased;
            (3) recommendations for updating--
                    (A) the comprehensive procurement guidelines 
                published under section 6002(e) of the Solid Waste 
                Disposal Act (42 U.S.C. 6962(e)); and
                    (B) the environmentally preferable purchasing 
                program established under section 6604(b)(11) of the 
                Pollution Prevention Act of 1990 (42 U.S.C. 
                13103(b)(11)); and
            (4) the activities of each Federal agency that promote 
        recycling or composting.

SEC. 6. IMPROVING DATA AND REPORTING.

    (a) Inventory of Materials Recovery Facilities.--Not later than 1 
year after the date of enactment of this Act, and biannually 
thereafter, the Administrator, in consultation with States, units of 
local government, and Indian Tribes, shall--
            (1) prepare an inventory of public and private materials 
        recovery facilities in the United States, including--
                    (A) the number of materials recovery facilities in 
                each unit of local government in each State; and
                    (B) a description of the materials that each 
                materials recovery facility can process, including--
                            (i) in the case of plastic, a description 
                        of--
                                    (I) the types of accepted resin, if 
                                applicable; and
                                    (II) the packaging or product 
                                format, such as a jug, a carton, or 
                                film;
                            (ii) food packaging and service ware, such 
                        as a bottle, cutlery, or a cup;
                            (iii) paper;
                            (iv) aluminum, such as an aluminum beverage 
                        can, food can, aerosol can, or foil;
                            (v) steel, such as a steel food or aerosol 
                        can;
                            (vi) other scrap metal;
                            (vii) glass; or
                            (viii) any other material not described in 
                        any of clauses (i) through (vii) that a 
                        materials recovery facility can process; and
            (2) submit the inventory prepared under paragraph (1) to 
        Congress.
    (b) Establishment of a Comprehensive Baseline of Data for the 
United States Recycling System.--The Administrator, in consultation 
with States, units of local government, and Indian Tribes, shall 
determine, with respect to the United States--
            (1) the number of community curbside recycling and 
        composting programs;
            (2) the number of community drop-off recycling and 
        composting programs;
            (3) the types and forms of materials accepted by each 
        community curbside recycling, drop-off recycling, or composting 
        program;
            (4) the number of individuals with access to recycling and 
        composting services to at least the extent of access to 
        disposal services;
            (5) the number of individuals with barriers to accessing 
        recycling and composting services to at least the extent of 
        access to disposal services;
            (6) the inbound contamination and capture rates of 
        community curbside recycling, drop-off recycling, or composting 
        programs;
            (7) where applicable, other available recycling or 
        composting programs within a community, including store drop-
        offs; and
            (8) the average cost to States, units of local government, 
        and Indian Tribes of recycling and composting programs.
    (c) Standardization of Recycling Reporting Rates.--
            (1) Collection of rates.--
                    (A) In general.--The Administrator may use amounts 
                made available under section 9 to biannually collect 
                from each State the nationally standardized rate of 
                recyclable materials in that State that have been 
                successfully diverted from the waste stream and brought 
                to a materials recovery facility or composting 
                facility.
                    (B) Confidential or proprietary business 
                information.--Information collected under subparagraph 
                (A) shall not include any confidential or proprietary 
                business information, as determined by the 
                Administrator.
            (2) Use.--Using amounts made available under section 9, the 
        Administrator may use the rates collected under paragraph (1) 
        to further assist States, units of local government, and Indian 
        Tribes--
                    (A) to reduce the overall waste produced by the 
                States and units of local government; and
                    (B) to increase recycling and composting rates.
    (d) Report on End Markets.--
            (1) In general.--The Administrator, in consultation with 
        States, units of local government, and Indian Tribes, shall--
                    (A) provide an update to the report submitted under 
                section 306 of the Save Our Seas 2.0 Act (Public Law 
                116-224; 134 Stat. 1096) to include an addendum on the 
                end-market sale of all recyclable materials, in 
                addition to recycled plastics as described in that 
                section, from materials recovery facilities that 
                process recyclable materials collected from households 
                and publicly available recyclable materials drop-off 
                centers, including--
                            (i) the total, in dollars per ton, domestic 
                        sales of bales of recyclable materials; and
                            (ii) the total, in dollars per ton, 
                        international sales of bales of recyclable 
                        materials;
                    (B) prepare a report on the end-market sale of 
                compost from all compostable materials collected from 
                households and publicly available compost drop-off 
                centers, including the total, in dollars per ton, of 
                domestic sales of compostable materials; and
                    (C) not later than 1 year after the date of 
                enactment of this Act, submit to Congress the update to 
                the report prepared under subparagraph (A) and the 
                report prepared under subparagraph (B).
            (2) Confidential or proprietary business information.--
        Information collected under subparagraphs (A) and (B) of 
        paragraph (1) shall not include any confidential or proprietary 
        business information, as determined by the Administrator.

SEC. 7. STUDY ON THE DIVERSION OF RECYCLABLE MATERIALS FROM A CIRCULAR 
              MARKET.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Administrator shall develop a metric for determining 
the proportion of recyclable materials in commercial and municipal 
waste streams that are being diverted from a circular market.
    (b) Study; Report.--Not later than 1 year after the development of 
a metric under subsection (a), the Administrator shall conduct a study 
of, and submit to Congress a report on, the proportion of recyclable 
materials in commercial and municipal waste streams that, during each 
of the 10 calendar years preceding the year of submission of the 
report, were diverted from a circular market.
    (c) Data.--The report under subsection (b) shall provide data on 
specific recyclable materials, including aluminum, plastics, paper and 
paperboard, textiles, and glass, that were prevented from remaining in 
a circular market through disposal or elimination, and to what use 
those specific recyclable materials were lost.
    (d) Evaluation.--The report under subsection (b) shall include an 
evaluation of whether the establishment or improvement of recycling 
programs would--
            (1) improve recycling rates; or
            (2) reduce the quantity of recyclable materials being 
        unutilized in a circular market.

SEC. 8. VOLUNTARY GUIDELINES.

    The Administrator shall--
            (1) in consultation with States, units of local government, 
        and Indian Tribes, develop, based on the results of the 
        studies, reports, inventory, and data determined under sections 
        4 through 7, and provide to States, units of local government, 
        and Indian Tribes best practices that the States, units of 
        local government, and Indian Tribes may use to enhance 
        recycling and composting, including--
                    (A) labeling techniques for containers of waste, 
                compostable materials, and recycling, with the goal of 
                creating consistent, readily available, and 
                understandable labeling across jurisdictions;
                    (B) pamphlets or other literature readily available 
                to constituents;
                    (C) primary and secondary school educational 
                resources on recycling;
                    (D) web and media-based campaigns; and
                    (E) guidance for the labeling of recyclable 
                materials and compostable materials that minimizes 
                contamination and diversion of those materials from 
                waste streams toward recycling and composting systems; 
                and
            (2) not later than 2 years after the date of enactment of 
        this Act, submit to Congress a report describing the best 
        practices developed under paragraph (1).

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Administrator such 
sums as are necessary to carry out this Act for each fiscal year.

            Passed the Senate July 28, 2022.

            Attest:

                                                             Secretary.
117th CONGRESS

  2d Session

                                S. 3743

_______________________________________________________________________

                                 AN ACT

To require the Administrator of the Environmental Protection Agency to 
   carry out certain activities to improve recycling and composting 
         programs in the United States, and for other purposes.