[Congressional Record Volume 142, Number 11 (Friday, January 26, 1996)]
[Extensions of Remarks]
[Pages E108-E110]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      INTRODUCTION OF LEGISLATION

                                 ______


                       HON. THOMAS J. BLILEY, JR.

                              of virginia

                    in the house of representatives

                        Friday, January 26, 1996

  Mr. BLILEY. Mr. Speaker, I would like to insert for the Record the 
text of flow control legislation which may be brought up on the 
Suspension Calendar on Tuesday, January 30.

     SECTION. 1. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL 
                   MUNICIPAL SOLID WASTE FLOW CONTROL.

       (a) Amendment of Subtitle D.--Subtitle D of the Solid Waste 
     Disposal Act is amended by adding after section 4011 the 
     following new section:

     ``SEC. 4011. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL 
                   GOVERNMENT CONTROL OVER MOVEMENT OF MUNICIPAL 
                   SOLID WASTE AND RECYCLABLE MATERIALS.

       ``(a) Flow Control Authority for Facilities Designated as 
     of May 16, 1994.--Any State or political subdivision thereof 
     is authorized to exercise flow control authority to direct 
     the movement of municipal solid waste, and recyclable 
     materials voluntarily relinquished by the owner or generator 
     thereof, to particular waste management facilities, or 
     facilities for recyclable materials, designated as of May 16, 
     1994, if each of the following conditions are met:
       ``(1) The waste and recyclable materials are generated 
     within the jurisdictional boundaries of such State or 
     political subdivision, determined as of May 16, 1994.
       ``(2) Such flow control authority is imposed through the 
     adoption or execution of a law, 

[[Page E109]]
     ordinance, regulation, resolution, or other legally binding provision 
     or legally binding official act of the State or political 
     subdivision that--
       ``(A) was in effect on May 16, 1994,
       ``(B) was in effect prior to the issuance of an injunction 
     or other order by a court based on a ruling that such law, 
     ordinance, regulation, resolution, or other legally binding 
     provision or official act violated the Commerce Clause of the 
     United States Constitution, or
       ``(C) was in effect immediately prior to suspension thereof 
     by legislative or official administrative action of the State 
     or political subdivision expressly because of the existence 
     of a court order of the type described in subparagraph (B) 
     issued by a court of the same State or Federal judicial 
     circuit.
       ``(3) The State or a political subdivision thereof has, for 
     one or more of such designated facilities, in accordance with 
     paragraph (2), on or before May 16, 1994, either--
       ``(A) presented eligible bonds for sale, or
       ``(B) executed a legally binding contract or agreement that 
     obligates it to deliver a minimum quantity of waste or 
     recyclable materials to one or more such designated waste 
     management facilities or facilities for recyclable materials 
     and that obligates it to pay for that minimum quantity of 
     waste or recyclable materials even if the stated minimum 
     quantity of such waste or recyclable materials is not 
     delivered within a required timeframe.
       ``(b) Waste Stream Subject to Flow Control.--The flow 
     control authority of subsection (a) shall only permit the 
     exercise of flow control authority to any designated facility 
     of the specific classes or categories of municipal solid 
     waste and voluntarily relinquished recyclable materials to 
     which flow control authority was applicable on May 16, 1994, 
     or immediately before the effective date of an injunction or 
     court order referred to in subsection (a)(2)(B) or an action 
     referred to in subsection (a)(2)(C) and--
       ``(1) in the case of any designated waste management 
     facility or facility for recyclable materials that was in 
     operation as of May 16, 1994, only if the facility concerned 
     received municipal solid waste or recyclable materials in 
     those classes or categories within 2 years prior to May 16, 
     1994, or the effective date of such injunction or other court 
     order or action,
       ``(2) in the case of any designated waste management 
     facility or facility for recyclable materials that was not 
     yet in operation as of May 16, 1994, only of the classes or 
     categories that were clearly identified by the State or 
     political subdivision as of May 16, 1994, to be flow 
     controlled to such facility, and
       ``(3) only to the extent of the maximum volume authorized 
     by State permit to be disposed at the waste management 
     facility or processed at the facility for recyclable 
     materials.

     If specific classes or categories of municipal solid waste or 
     recyclable materials were not clearly identified, paragraph 
     (2) shall apply only to municipal solid waste generated by 
     households, including single family residences and multi-
     family residences of up to 4 units.
       ``(c) Duration of Flow Control Authority.--Flow control 
     authority may be exercised pursuant to this section to any 
     facility or facilities only until the later of the following:
       ``(1) The expiration date of the bond referred to in 
     subsection (a)(3)(A).
       ``(2) The expiration date of the contract or agreement 
     referred to in subsection (a)(3)(B).
       ``(3) The adjusted expiration date of a bond issued for a 
     qualified environmental retrofit.

     Such expiration dates shall be determined based upon the 
     terms and provisions of the bond or contract in effect on May 
     16, 1994. In the case of a contract described in subsection 
     (a)(3)(B) that has no specified expiration date, for purposes 
     of paragraph (2) the expiration date shall be treated as the 
     first date that the State or political subdivision that is a 
     party to the contract can withdraw from its responsibilities 
     under the contract without being in default thereunder and 
     without substantial penalty or other substantial legal 
     sanction.
       ``(d) Mandatory Opt-Out for Generators and Transporters.--
     Notwithstanding any other provision of this section, no State 
     or political subdivision may require any generator or 
     transporter of municipal solid waste or recyclable materials 
     to transport such waste or materials, or deliver such waste 
     or materials for transportation, to a facility that is listed 
     on the National Priorities List established under the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 unless such State or political 
     subdivision or the owner or operator of such facility has 
     adequately indemnified the generator or transporter against 
     all liability under that Act with respect to such waste or 
     materials.
       ``(e) Effect on Existing Laws.--
       ``(1) Environmental laws.--Nothing in this section shall be 
     interpreted or construed to have any effect on any other law 
     relating to the protection of human health and the 
     environment, or the management of municipal solid waste or 
     recyclable materials.
       ``(2) State law.--Nothing in this section shall be 
     interpreted to authorize a political subdivision to exercise 
     the flow control authority granted by this section in a 
     manner inconsistent with State law.
       ``(3) Ownership of recyclable materials.--Nothing in this 
     section shall authorize any State or political subdivision to 
     require any generator or owner of recyclable materials to 
     transfer any recyclable materials to such State or political 
     subdivision, nor shall prohibit any persons from selling, 
     purchasing, accepting, conveying, or transporting any 
     recyclable materials, unless the generator or owner 
     voluntarily makes such recyclable materials available to the 
     State or political subdivision and relinquishes any rights 
     to, or ownership of, such recyclable materials.
       ``(f) Facilities Not Qualified for Flow Control.--No flow 
     control authority may be exercised under the provisions of 
     this section to direct solid waste or recyclable materials to 
     any facility pursuant to an ordinance if--
       ``(1) the ordinance was determined to be unconstitutional 
     by a State or Federal court in October of 1994;
       ``(2) the facility is located over a sole source aquifer, 
     within 5 miles of a public beach, and within 25 miles of a 
     city with a population of more than 5,000,000; and
       ``(3) the facility is not fully permitted and operating in 
     complete official compliance with all Federal, State, and 
     local environmental regulations.
       ``(g) Limitation on Revenue.--A State or qualified 
     political subdivision may exercise the flow control authority 
     granted in this section only if the State or qualified 
     political subdivision limits the use of any of the revenues 
     it derives from the exercise of such authority for the 
     payment of one or more of the following:
       ``(1) Principal and interest on any eligible bond.
       ``(2) Principal and interest on a bond issued for a 
     qualified environmental retrofit.
       ``(3) Payments required by the terms of a contract referred 
     to in subsection (a)(3)(B).
       ``(4) Other expenses necessary for the operation and 
     maintenance of designated facilities and other integral 
     facilities necessary for the operation and maintenance of 
     such designated facilities that are identified by the same 
     eligible bond.
       ``(5) To the extent not covered by paragraphs (1) through 
     (4), expenses for recycling, composting, and household 
     hazardous waste activities in which the State or political 
     subdivision was engaged before May 16, 1994, and for which 
     the State or political subdivision, after periodic 
     evaluation, beginning no later than one year after the 
     enactment of this section, finds that there is no comparable 
     qualified private sector service provider available. Such 
     periodic evaluation shall be based on public notice and open 
     competition. The amount and nature of payments described in 
     this paragraph shall be fully disclosed to the public 
     annually.
       ``(h) Interim Contracts.--A lawful, legally binding 
     contract under State law that was entered into during the 
     period--
       ``(1) before November 10, 1995, and after the effective 
     date of any applicable final court order no longer subject to 
     judicial review specifically invalidating the flow control 
     authority of such State or political subdivision, or
       ``(2) after such State or political subdivision refrained 
     pursuant to legislative or official administrative action 
     from enforcing flow control authority and before the 
     effective date on which it resumes enforcement of flow 
     control authority after enactment of this section,

     shall be fully enforceable in accordance with State law.
       ``(i) Control of Waste Movement to Certain Permitted 
     Facilities.--No State may exercise any authority that is 
     granted by Congress after the date of enactment of this 
     section to control the interstate movement of solid waste in 
     a manner that prohibits or limits the receipt of out-of-State 
     municipal solid waste at any waste management facility that 
     meets both of the following conditions:
       ``(1) The facility has been granted a permit under State 
     law to receive municipal solid waste for combustion or 
     disposal.
       ``(2) The State or its political subdivision within which 
     the facility is located has exercised any flow control 
     authority provided under this section to prohibit or limit 
     the receipt by the facility of municipal solid waste that is 
     generated within the State or its political subdivision.

     Nothing in this subsection is intended to have any effect on 
     the exercise of flow control authority granted by this 
     section except to the extent that such exercise is 
     inconsistent with State law.
       ``(j) Areas With Pre-1984 Flow Control.--
       ``(1) General authority.--A State that on or before January 
     1, 1984--
       ``(A) adopted regulations under a State law that required 
     or directed transportation, management, or disposal of 
     municipal solid waste from residential, commercial, 
     institutional, or industrial sources (as defined under State 
     law) to specifically identified waste management facilities, 
     and applied those regulations to every political subdivision 
     of the State, and
       ``(B) subjected such waste management facilities to the 
     jurisdiction of a State public utilities commission,

     may exercise flow control authority over municipal solid 
     waste in accordance with the other provisions of this section 
     and may exercise the additional flow control authority 
     described in paragraph (2).
       ``(2) Additional flow control authority.--A State that 
     meets the requirements of paragraph (1) and any political 
     subdivision thereof may exercise flow control authority over 
     all classes and categories of municipal solid waste that were 
     subject to flow control by such State or political 
     subdivision thereof 

[[Page E110]]
     on May 16, 1994, by directing it from any existing waste management 
     facility that was designated as of May 16, 1994, or any 
     proposed waste management facility in the State to any other 
     such existing or proposed waste management facility in the 
     State without regard to whether the political subdivision 
     within which the municipal solid waste is generated had 
     designated the particular waste management facility or had 
     issued a bond or entered into a contract referred to in 
     subsection (a)(3)(A) or (B), respectively.
       ``(3) Definition.--For purposes of this subsection, the 
     term `proposed waste management facility' means a waste 
     management facility that was specifically identified in a 
     waste management plan prior to May 16, 1994, and for the 
     construction of which--
       ``(A) revenue bonds were issued and outstanding as of May 
     16, 1994,
       ``(B) additional financing with revenue bonds was required 
     as of the date of enactment of this section to complete 
     construction, and
       ``(C) a permit had been issued prior to December 31, 1994.
       ``(4) Limitation of authority.--The additional flow control 
     authority granted by paragraph (2) may be exercised to--
       ``(A) any facility described in paragraph (2) for up to 5 
     years after the date of enactment of this section, and
       ``(B) after 5 years after enactment of this section, only 
     to those facilities and only with respect to the classes, 
     categories, and geographic origin of waste directed to such 
     facilities specifically identified by the State in a public 
     notice issued within 5 years after enactment of this section.
       ``(5) Duration of authority.--The authority to direct 
     municipal solid waste to any facility pursuant to this 
     subsection shall terminate with regard to such facility in 
     accordance with subsection (c).
       ``(k) Savings Clause.--Nothing in this section is intended 
     to have any effect on the authority of any State or political 
     subdivision to franchise, license, or contract for municipal 
     solid waste collection, processing, or disposal.
       ``(l) Application of Flow Control Authority.--The flow 
     control authority granted by this section shall be exercised 
     in a manner that ensures that it is applied to the public 
     sector if it is applied to the private sector.
       ``(m) Promotion of Recycling.--The Congress finds that, in 
     order to promote recycling, anyone engaged in recycling 
     activities should strive to meet applicable standards for the 
     reuse of recyclable materials.
       ``(n) Effective Date.--The provisions of this section shall 
     take effect with respect to the exercise by any State or 
     political subdivision of flow control authority on or after 
     the date of enactment of this section, and such provisions 
     shall also apply to the exercise by any State or political 
     subdivision of flow control authority before such date of 
     enactment unless the exercise of such authority has been 
     declared unconstitutional by a final judicial decision that 
     is no longer subject to judicial review.
       ``(o) Definitions.--For the purposes of this section--
       ``(1) Adjusted expiration date.--The term `adjusted 
     expiration date' means, with respect to a bond issued for a 
     qualified environmental retrofit, the earlier of the final 
     maturity date of such bond or 15 years after the date of 
     issuance of such bonds.
       ``(2) Bond issued for a qualified environmental retrofit.--
     The term `bond issued for a qualified environmental retrofit' 
     means a revenue or general obligation bond, the proceeds of 
     which are dedicated to financing the retrofitting of a 
     resource recovery facility or a municipal solid waste 
     incinerator necessary to comply with section 129 of the Clean 
     Air Act, and exclusively used for such purposes, provided 
     that such bond is presented for sale before the expiration 
     date of the bond or contract referred to in subsection 
     (a)(3)(A) and (B) respectively that is applicable to such 
     facility and no later than December 31, 1999.
       ``(3) Designate; designation.--The terms `designate', 
     `designated', `designating', and `designation' mean a 
     requirement of a State or political subdivision, and the act 
     of a State or political subdivision, individually or 
     collectively, to require that all or any portion of the 
     municipal solid waste or recyclable materials that is 
     generated within the boundaries of the State or any political 
     subdivision be delivered to one or more waste management 
     facilities or facilities for recyclable materials identified 
     by the State or a political subdivision thereof. The term 
     `designation' includes bond covenants, official statements, 
     or other official financing documents issued by a political 
     subdivision issuing an eligible bond in which it identified a 
     specific waste management facility as being the subject of 
     such bond and the requisite facility for receipt of municipal 
     solid waste or recyclable materials generated within the 
     jurisdictional boundaries of that political subdivision.
       ``(4) Eligible bond.--The term `eligible bond' means--
       ``(A) a revenue bond specifically to finance one or more 
     designated waste management facilities, facilities for 
     recyclable materials, or specifically and directly related 
     assets, development or finance costs, as evidenced by the 
     bond documents; or
       ``(B) a general obligation bond, the proceeds of which were 
     used solely to finance one or more designated waste 
     management facilities, facilities for recyclable materials, 
     or specifically and directly related assets, development or 
     finance costs, as evidenced by the bond documents.
       ``(5) Flow control authority.--The term `flow control 
     authority' means the authority to control the movement of 
     municipal solid waste or voluntarily relinquished recyclable 
     materials and direct such solid waste or voluntarily 
     relinquished recyclable materials to one or more designated 
     waste management facilities or facilities for recyclable 
     materials within the boundaries of a State or within the 
     boundaries of a political subdivision of a State, as in 
     effect on May 16, 1994.
       ``(6) Municipal solid waste.--The term `municipal solid 
     waste' means any solid waste generated by the general public 
     or by households, including single residences and multifamily 
     residences, and from commercial, institutional, and 
     industrial sources, to the extent such waste is essentially 
     the same as waste normally generated by households or was 
     collected and disposed of with other municipal solid waste as 
     part of normal municipal solid waste collection services, 
     consisting of paper, wood, yard waste, plastics, leather, 
     rubber, and other combustible materials and noncombustible 
     materials such as metal and glass, including residue 
     remaining after recyclable materials have been separated from 
     waste destined for disposal, and including waste material 
     removed from a septic tank, septage pit, or cesspool (other 
     than from portable toilets), except that the term does not 
     include any of the following:
       ``(A) Any waste identified or listed as a hazardous waste 
     under section 3001 of this Act or waste regulated under the 
     Toxic Substances Control Act.
       ``(B) Any waste, including contaminated soil and debris, 
     resulting from--
       ``(i) response or remedial action taken under the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980,
       ``(ii) any corrective action taken under this Act, or
       ``(iii) any corrective action taken under any comparable 
     State statute.
       ``(C) Construction and demolition debris.
       ``(D) Medical waste listed in section 11002 of this Act.
       ``(E) Industrial waste generated by manufacturing or 
     industrial processes, including waste generated during scrap 
     processing and scrap recycling.
       ``(F) Recyclable materials.
       ``(G) Sludge.
       ``(7) Political subdivision.--The term `political 
     subdivision' means a city, town, borough, county, parish, 
     district, or public service authority or other public body 
     created by or pursuant to State law with authority to present 
     for sale an eligible bond or to exercise flow control 
     authority.
       ``(8) Recycle and recycling.--The terms `recycle' and 
     `recycling' mean--
       ``(A) any process which produces any material defined as 
     `recycled' under section 1004; and
       ``(B) any process by which materials are diverted, 
     separated from, or separately managed from materials 
     otherwise destined for disposal as solid waste, by 
     collecting, sorting, or processing for use as raw materials 
     or feedstocks in lieu of, or in addition to, virgin 
     materials, including petroleum, in the manufacture of usable 
     materials or products.
       ``(9) Recyclable materials.--The term `recyclable 
     materials' means any materials that have been separated from 
     waste otherwise destined for disposal (either at the source 
     of the waste or at processing facilities) or that have been 
     managed separately from waste destined for disposal, for the 
     purpose of recycling, reclamation, composting of organic 
     materials such as food and yard waste, or reuse (other than 
     for the purpose of incineration). Such term includes scrap 
     tires to be used in resource recovery.
       ``(10) Waste management facility.--The term `waste 
     management facility' means any facility for separating, 
     storing, transferring, treating, processing, combusting, or 
     disposing of municipal solid waste.''.
       (b) Table of Contents.--The table of contents for subtitle 
     D of the Solid Waste Disposal Act is amended by adding the 
     following new item after the item relating to section 4011:

``Sec. 4011. Congressional authorization of State and local government 
              control over movement of municipal solid waste and 
              recyclable materials.''.