[Congressional Record Volume 140, Number 146 (Saturday, October 8, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 8, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                     RESIDENTIAL CURBSIDE RECYCLING

                                 ______


                          HON. MARIA CANTWELL

                             of washington

                    in the house of representatives

                        Friday, October 7, 1994

  Ms. CANTWELL. Mr. Speaker, on August 8, 1994, the House approved 
legislation to preempt intrastate trucking regulations. H.R. 2739 
(Conference Report on the Federal Aviation Administration 
Authorization) contains provisions that preempt State trucking 
regulations pertaining to prices, routes and services.
  In the weeks since the bill passed, concerns have been raised 
relating to curbside residential recycling programs. I appreciate the 
fact that members of the House-Senate conference committee on the 
Federal Aviation Administration Authorization Act of 1994 have 
clarified that it was not the intent of the Congress to impact curbside 
residential recycling programs. I would like to particularly 
acknowledge the efforts of Public Works and Transportation Committee 
Chairman Norm Mineta and Surface Transportation Subcommittee Chairman 
Nick Joe Rahall for their efforts to ensure that residential curbside 
recycling programs are not disrupted.
  In addition, the ICC has issued a legal opinion that Title VI of the 
Federal Aviation Authorization Act of 1994 does not preempt a state or 
municipality from regulating curbside collection of recyclables. 
According to the ICC, recyclables segregated from trash for curbside 
collection should not be deemed to be property under ICC precedent and 
as such would not come within the purview of Title VI of the FAA Act.
  Mr. Speaker, it is clear that both case precedent and congressional 
intent are consistent and definitive--Section VI of the FAA Act does 
not apply to the transportation for collection of recyclable materials 
that are a part of a residential curbside recycling program.

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