[Congressional Record Volume 149, Number 29 (Monday, February 24, 2003)]
[Senate]
[Pages S2602-S2609]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. VOINOVICH:
  S. 431. A bill to amend the Solid Waste Disposal Act to impose 
certain limits on the receipt of out-of-State municipal solid waste; to 
the Committee on Environment and Public Works.
  Mr. VOINOVICH. Mr. President, I rise today to introduce legislation 
that will allow States to finally obtain relief from the seemingly 
endless stream of solid waste that is flowing into States like Ohio, 
Pennsylvania, Indiana, Michigan, Virginia and many others.
  My bill, ``the Municipal Solid Waste Interstate Transportation and 
Local Authority Act,'' gives State and local governments the tools they 
need to limit garbage imports from other States and manage their own 
waste within their own States.
  Ohio receives more than 1.5 million tons of municipal solid waste 
annually from other States and this number has been increasing 
regularly. In fact, estimates for 2001 indicate that Ohio imported 
almost 2 million tons of municipal solid waste, which is almost 600,000 
more tons of waste than Ohio imported in 1997. While I am pleased that 
these shipments have been reduced since our record high of 3.7 million 
tons in 1989, I believe it is still entirely too high.
  Because it is cheap and because it is expedient, communities in other 
States have simply put their garbage on trains or on trucks and shipped 
it to be landfilled in States like Ohio, Indiana, Michigan, 
Pennsylvania and Virginia. This is wrong and it has to stop.
  Many State and local governments in importing States have worked hard 
to develop strategies to reduce waste and plan for future disposal 
needs. As Governor of Ohio, I worked aggressively to limit shipments of 
out-of-state waste into Ohio through voluntary cooperation of Ohio 
landfill operators and agreements with other States. We saw limited 
relief. Ohio has no assurance that our out-of-state waste numbers won't 
rise significantly, particularly in light of the closure of the Fresh 
Kills landfill on Staten Island in 2001. Unfortunately, the Federal 
courts have prevented States from enacting laws to protect our natural 
resources from being utilized as landfill space. What has emerged is an 
unnatural pattern where Ohio and other States--both importing and 
exporting--have tried to take reasonable steps to encourage 
conservation and local disposal, only to be undermined by a barrage of 
court decisions at every turn.
  Quite frankly, State and local governments' hands are tied. Lacking a 
specific delegation of authority from Congress, States that have acted 
responsibly to implement environmentally sound waste disposal plans and 
recycling programs are still being subjected to a flood of out-of-state 
waste. In Ohio, this has undermined our recycling efforts because 
Ohioans continue to ask why they should recycle to conserve landfill 
space when it is being used for other States' trash. Our citizens 
already have to live with the consequences of large amounts of out-of-
state waste--increased noise, traffic, wear and tear on our roads and 
litter that is blown onto private homes, schools and businesses.
  Ohio and many other States have taken comprehensive steps to protect 
our resources and address a significant environmental threat. However, 
excessive, uncontrolled waste disposal from other States has limited 
the ability of Ohioans to protect their environment, health and safety. 
I do not believe the Commerce Clause requires us to service other 
States at the expense of our own citizens' efforts.
  A national solution is long overdue. When I became Governor of Ohio 
in 1991, I joined a coalition with other Midwest Governors--Governor 
Bayh, now Senator Bayh, of Indiana, Governor Engler of Michigan and 
Governor Casey, and later Governors Ridge and O'Bannon, of 
Pennsylvania--to try to pass effective interstate waste and flow 
control legislation.
  In 1996, Midwest Governors were asked by Congress to reach an 
agreement with Governors Whitman and Pataki on interstate waste 
provisions. Our States quickly came to an agreement with New Jersey--
the second largest exporting State--on interstate waste provisions. We 
began discussions with New York, but these were put on hold 
indefinitely in the wake of their May, 1996 announcement to close the 
Fresh Kills landfill.
  The bill that I am introducing today reflects the agreement that my 
State, along with Indiana, Michigan and Pennsylvania, reached with 
then-Governor Whitman.
  For Ohio, the most important aspect of this bill is the ability for 
States to limit future waste flows. For instance, they would have the 
option to set a ``permit cap,'' which would allow a State to impose a 
percentage limit on the amount of out-of-state waste that a new 
facility or expansion of an existing facility could receive annually. 
Or, a State could choose a provision giving them the authority to deny 
a permit for a new facility if it is determined that there is not a 
local or in-state regional need for that facility.
  These provisions provide assurances to Ohio and other States that new 
facilities will not be built primarily for the purpose of receiving 
out-of-state waste. For instance, in 1996, Ohio EPA had to issue a 
permit for a landfill that was bidding to take 5,000 tons of garbage a 
day--approximately 1.5 million tons a year--from Canada alone, which 
would have doubled the amount of out-of-state waste entering Ohio. 
Thankfully this landfill lost the Canadian bid. Ironically though, the 
waste company put their plans on hold to build the facility because 
there is not enough need for the facility in the State and they need to 
ensure a steady out-of-state waste flow to make the plan feasible.
  In addition, this bill would ensure that landfills and incinerators 
could not receive trash from other States until local governments 
approve its receipt. States could also freeze their out-of-state waste 
at 1993 levels, while some States would be able to reduce these levels 
to 65 percent by the year 2008. This bill also allows States to reduce 
the amount of construction and demolition debris they receive by 50 
percent in 2014 at the earliest.
  States also could impose up to a $3-per-ton cost recovery surcharge 
on out-of-state waste. This fee would help provide States with the 
funding necessary to implement solid waste management programs.
  Unfortunately, efforts to place reasonable restrictions on out-of-
state waste shipments have been perceived by some as an attempt to ban 
all out-of-state trash. On the contrary, I am not asking for outright 
authority for States to prohibit all out-of-state waste, nor am I 
seeking to prohibit

[[Page S2603]]

waste from any one State. I am merely asking for reasonable tools that 
will enable State and local governments to act responsibly to manage 
their own waste and limit unreasonable waste imports from other States. 
Such measures would give substantial authority to limit imports and 
plan facilities around each States' needs.
  I believe the time is right to consider and pass an effective 
interstate waste bill. The bill I am introducing today is a consensus 
of importing and exporting States--States that have willingly come 
forward to offer a reasonable solution.
  Congress must act this year to give citizens in Ohio and other 
affected States the relief they need from the truckloads of waste that 
daily pass through their communities. We have waited too long for a 
solution. Congress must act now to prevent this problem from spreading 
further to our neighbors out West and to help our neighbors in the East 
better manage the trash they generate.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 431

       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 ``Municipal Solid Waste 
     Interstate Transportation and Local Authority Act of 2003''.

     SEC. 2. AUTHORITY TO PROHIBIT OR LIMIT RECEIPT OF OUT-OF-
                   STATE MUNICIPAL SOLID WASTE AT EXISTING 
                   FACILITIES.

       (a) In General.--Subtitle D of the Solid Waste Disposal Act 
     (42 U.S.C. 6941 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 4011. AUTHORITY TO PROHIBIT OR LIMIT RECEIPT OF OUT-
                   OF-STATE MUNICIPAL SOLID WASTE AT EXISTING 
                   FACILITIES.

       ``(a) Definitions.--In this section:
       ``(1) Affected local government.--The term `affected local 
     government', with respect to a facility, means--
       ``(A) the public body authorized by State law to plan for 
     the management of municipal solid waste for the area in which 
     the facility is located or proposed to be located, a majority 
     of the members of which public body are elected officials;
       ``(B) in a case in which there is no public body described 
     in subparagraph (A), the elected officials of the city, town, 
     township, borough, county, or parish selected by the Governor 
     and exercising primary responsibility over municipal solid 
     waste management or the use of land in the jurisdiction in 
     which the facility is located or proposed to be located; or
       ``(C) in a case in which there is in effect an agreement or 
     compact under section 105(b), contiguous units of local 
     government located in each of 2 or more adjoining States that 
     are parties to the agreement, for purposes of providing 
     authorization under subsection (b), (c), or (d) for municipal 
     solid waste generated in the jurisdiction of 1 of those units 
     of local government and received in the jurisdiction of 
     another of those units of local government.
       ``(2) Authorization to receive out-of-state municipal solid 
     waste.--
       ``(A) In general.--The term `authorization to receive out-
     of-State municipal solid waste' means a provision contained 
     in a host community agreement or permit that specifically 
     authorizes a facility to receive out-of-State municipal solid 
     waste.
       ``(B) Specific authorization.--
       ``(i) Sufficient formulations.--For the purposes of 
     subparagraph (A), only the following, shall be considered to 
     specifically authorize a facility to receive out-of-State 
     municipal solid waste:

       ``(I) an authorization to receive municipal solid waste 
     from any place within a fixed radius surrounding the facility 
     that includes an area outside the State;
       ``(II) an authorization to receive municipal solid waste 
     from any place of origin in the absence of any provision 
     limiting those places of origin to places inside the State;
       ``(III) an authorization to receive municipal solid waste 
     from a specifically identified place or places outside the 
     State; or
       ``(IV) a provision that uses such a phrase as `regardless 
     of origin' or `outside the State' in reference to municipal 
     solid waste.

       ``(ii) Insufficient formulations.--For the purposes of 
     subparagraph (A), either of the following, by itself, shall 
     not be considered to specifically authorize a facility to 
     receive out-of-State municipal solid waste:

       ``(I) A general reference to the receipt of municipal solid 
     waste from outside the jurisdiction of the affected local 
     government.
       ``(II) An agreement to pay a fee for the receipt of out-of-
     State municipal solid waste.

       ``(C) Form of authorization.--To qualify as an 
     authorization to receive out-of-State municipal solid waste, 
     a provision need not be in any particular form; a provision 
     shall so qualify so long as the provision clearly and 
     affirmatively states the approval or consent of the affected 
     local government or State for receipt of municipal solid 
     waste from places of origin outside the State.
       ``(3) Disposal.--The term `disposal' includes incineration.
       ``(4) Existing host community agreement.--The term 
     `existing host community agreement' means a host community 
     agreement entered into before January 1, 2003.
       ``(5) Facility.--The term `facility' means a landfill, 
     incinerator, or other enterprise that received municipal 
     solid waste before the date of enactment of this section.
       ``(6) Governor.--The term `Governor', with respect to a 
     facility, means the chief executive officer of the State in 
     which a facility is located or proposed to be located or any 
     other officer authorized under State law to exercise 
     authority under this section.
       ``(7) Host community agreement.--The term `host community 
     agreement' means a written, legally binding agreement, 
     lawfully entered into between an owner or operator of a 
     facility and an affected local government that contains an 
     authorization to receive out-of-State municipal solid waste.
       ``(8) Municipal solid waste.--
       ``(A) In general.--The term `municipal solid waste' means--
       ``(i) material discarded for disposal by--

       ``(I) households (including single and multifamily 
     residences); and
       ``(II) public lodgings such as hotels and motels; and

       ``(ii) material discarded for disposal that was generated 
     by commercial, institutional, and industrial sources, to the 
     extent that the material--

       ``(I) is essentially the same as material described in 
     clause (i); or
       ``(II) is collected and disposed of with material described 
     in clause (i) as part of a normal municipal solid waste 
     collection service.

       ``(B) Inclusions.--The term `municipal solid waste' 
     includes--
       ``(i) appliances;
       ``(ii) clothing;
       ``(iii) consumer product packaging;
       ``(iv) cosmetics;
       ``(v) disposable diapers;
       ``(vi) food containers made of glass or metal;
       ``(vii) food waste;
       ``(viii) household hazardous waste;
       ``(ix) office supplies;
       ``(x) paper; and
       ``(xi) yard waste.
       ``(C) Exclusions.--The term `municipal solid waste' does 
     not include--
       ``(i) solid waste identified or listed as a hazardous waste 
     under section 3001, except for household hazardous waste;
       ``(ii) solid waste resulting from--

       ``(I) a response action taken under section 104 or 106 of 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act (42 U.S.C. 9604, 9606);
       ``(II) a response action taken under a State law with 
     authorities comparable to the authorities contained in either 
     of those sections; or
       ``(III) a corrective action taken under this Act;

       ``(iii) recyclable material--

       ``(I) that has been separated, at the source of the 
     material, from waste destined for disposal; or
       ``(II) that has been managed separately from waste destined 
     for disposal, including scrap rubber to be used as a fuel 
     source;

       ``(iv) a material or product returned from a dispenser or 
     distributor to the manufacturer or an agent of the 
     manufacturer for credit, evaluation, and possible potential 
     reuse;
       ``(v) solid waste that is--

       ``(I) generated by an industrial facility; and
       ``(II) transported for the purpose of treatment, storage, 
     or disposal to a facility (which facility is in compliance 
     with applicable State and local land use and zoning laws and 
     regulations) or facility unit--

       ``(aa) that is owned or operated by the generator of the 
     waste;
       ``(bb) that is located on property owned by the generator 
     of the waste or a company with which the generator is 
     affiliated; or
       ``(cc) the capacity of which is contractually dedicated 
     exclusively to a specific generator;
       ``(vi) medical waste that is segregated from or not mixed 
     with solid waste;
       ``(vii) sewage sludge or residuals from a sewage treatment 
     plant; or
       ``(viii) combustion ash generated by a resource recovery 
     facility or municipal incinerator.
       ``(9) New host community agreement.--The term `new host 
     community agreement' means a host community agreement entered 
     into on or after the date of enactment of this section.
       ``(10) Out-of-state municipal solid waste.--
       ``(A) In general.--The term `out-of-State municipal solid 
     waste', with respect to a State, means municipal solid waste 
     generated outside the State.
       ``(B) Inclusion.--The term `out-of-State municipal solid 
     waste' includes municipal solid waste generated outside the 
     United States.
       ``(11) Receive.--The term `receive' means receive for 
     disposal.
       ``(12) Recyclable material.--
       ``(A) In general.--The term `recyclable material' means a 
     material that may feasibly be  used as a raw material or 
     feedstock in place of or in addition to, virgin material 
     in the manufacture of a usable material or product.
       ``(B) Virgin material.--In subparagraph (A), the term 
     `virgin material' includes petroleum.

[[Page S2604]]

       ``(b) Prohibition of Receipt for Disposal of Out-of-State 
     Waste.--No facility may receive for disposal out-of-State 
     municipal solid waste except as provided in subsections (c), 
     (d), and (e).
       ``(c) Existing Host Community Agreements.--
       ``(1) In general.--Subject to subsection (f), a facility 
     operating under an existing host community agreement may 
     receive for disposal out-of-State municipal solid waste if--
       ``(A) the owner or operator of the facility has complied 
     with paragraph (2); and
       ``(B) the owner or operator of the facility is in 
     compliance with all of the terms and conditions of the host 
     community agreement.
       ``(2) Public inspection of agreement.--Not later than 90 
     days after the date of enactment of this section, the owner 
     or operator of a facility described in paragraph (1) shall--
       ``(A) provide a copy of the existing host community 
     agreement to the State and affected local government; and
       ``(B) make a copy of the existing host community agreement 
     available for inspection by the public in the local 
     community.
       ``(d) New Host Community Agreements.--
       ``(1) In general.--Subject to subsection (f), a facility 
     operating under a new host community agreement may receive 
     for disposal out-of-State municipal solid waste if--
       ``(A) the agreement meets the requirements of paragraphs 
     (2) through (5); and
       ``(B) the owner or operator of the facility is in 
     compliance with all of the terms and conditions of the host 
     community agreement.
       ``(2) Requirements for authorization.--
       ``(A) In general.--Authorization to receive out-of-State 
     municipal solid waste under a new host community agreement 
     shall--
       ``(i) be granted by formal action at a meeting;
       ``(ii) be recorded in writing in the official record of the 
     meeting; and
       ``(iii) remain in effect according to the terms of the new 
     host community agreement.
       ``(B) Specifications.--An authorization to receive out-of-
     State municipal solid waste shall specify terms and 
     conditions, including--
       ``(i) the quantity of out-of-State municipal solid waste 
     that the facility may receive; and
       ``(ii) the duration of the authorization.
       ``(3) Information.--Before seeking an authorization to 
     receive out-of-State municipal solid waste under a new host 
     community agreement, the owner or operator of the facility 
     seeking the authorization shall provide (and make readily 
     available to the State, each contiguous local government and 
     Indian tribe, and any other interested person for inspection 
     and copying) the following:
       ``(A) A brief description of the facility, including, with 
     respect to the facility and any planned expansion of the 
     facility, a description of--
       ``(i) the size of the facility;
       ``(ii) the ultimate municipal solid waste capacity of the 
     facility; and
       ``(iii) the anticipated monthly and yearly volume of out-
     of-State municipal solid waste to be received at the 
     facility.
       ``(B) A map of the facility site that indicates--
       ``(i) the location of the facility in relation to the local 
     road system;
       ``(ii) topographical and general hydrogeological features;
       ``(iii) any buffer zones to be acquired by the owner or 
     operator; and
       ``(iv) all facility units.
       ``(C) A description of--
       ``(i) the environmental characteristics of the site, as of 
     the date of application for authorization;
       ``(ii) ground water use in the area, including 
     identification of private wells and public drinking water 
     sources; and
       ``(iii) alterations that may be necessitated by, or occur 
     as a result of, operation of the facility.
       ``(D) A description of--
       ``(i) environmental controls required to be used on the 
     site (under permit requirements), including--

       ``(I) run-on and run off management;
       ``(II) air pollution control devices;
       ``(III) source separation procedures;
       ``(IV) methane monitoring and control;
       ``(V) landfill covers;
       ``(VI) landfill liners or leachate collection systems; and
       ``(VII) monitoring programs; and

       ``(ii) any waste residuals (including leachate and ash) 
     that the facility will generate, and the planned management 
     of the residuals.
       ``(E) A description of site access controls to be employed 
     by the owner or operator and road improvements to be made by 
     the owner or operator, including an estimate of the timing 
     and extent of anticipated local truck traffic.
       ``(F) A list of all required Federal, State, and local 
     permits.
       ``(G) Estimates of the personnel requirements of the 
     facility, including--
       ``(i) information regarding the probable skill and 
     education levels required for job positions at the facility; 
     and
       ``(ii) to the extent practicable, a distinction between 
     preoperational and postoperational employment statistics of 
     the facility.
       ``(H) Any information that is required by State or Federal 
     law to be provided with respect to--
       ``(i) any violation of environmental law (including 
     regulations) by the owner or operator or any subsidiary of 
     the owner or operator;
       ``(ii) the disposition of any enforcement proceeding taken 
     with respect to the violation; and
       ``(iii) any corrective action and rehabilitation measures 
     taken as a result of the proceeding.
       ``(I) Any information that is required by Federal or State 
     law to be provided with respect to compliance by the owner or 
     operator with the State solid waste management plan.
       ``(J) Any information that is required by Federal or State 
     law to be provided with respect to gifts and contributions 
     made by the owner or operator.
       ``(4) Advance notification.--Before taking formal action to 
     grant or deny authorization to receive out-of-State municipal 
     solid waste under a new host community agreement, an affected 
     local government shall--
       ``(A) notify the State, contiguous local governments, and 
     any contiguous Indian tribes;
       ``(B) publish notice of the proposed action in a newspaper 
     of general circulation at least 15 days before holding a 
     hearing under subparagraph (C), except where State law 
     provides for an alternate form of public notification; and
       ``(C) provide an opportunity for public comment in 
     accordance with State law, including at least 1 public 
     hearing.
       ``(5) Subsequent notification.--Not later than 90 days 
     after an authorization to receive out-of-State municipal 
     solid waste is granted under a new host community agreement, 
     the affected local government shall give notice of the 
     authorization to--
       ``(A) the Governor;
       ``(B) contiguous local governments; and
       ``(C) any contiguous Indian tribes.
       ``(e) Receipt for Disposal of Out-of-State Municipal Solid 
     Waste by Facilities Not Subject to Host Community 
     Agreements.--
       ``(1) Permit.--
       ``(A) In general.--Subject to subsection (f), a facility 
     for which, before the date of enactment of this section, the 
     State issued a permit containing an authorization may receive 
     out-of-State municipal solid waste if--
       ``(i) not later than 90 days after the date of enactment of 
     this section, the owner or operator of the facility notifies 
     the affected local government of the existence of the permit; 
     and
       ``(ii) the owner or operator of the facility complies with 
     all of the terms and conditions of the permit after the date 
     of enactment of this section.
       ``(B) Denied or revoked permits.--A facility may not 
     receive out-of-State municipal solid waste under subparagraph 
     (A) if the operating permit for the facility (or any renewal 
     of the operating permit) was denied or revoked by the 
     appropriate State agency before the date of enactment of this 
     section unless the permit or renewal was granted, renewed, or 
     reinstated before that date.
       ``(2) Documented receipt during 1993.--
       ``(A) In general.--Subject to subsection (f), a facility 
     that, during 1993, received out-of-State municipal solid 
     waste may receive out-of-State municipal solid waste if the 
     owner or operator of the facility submits to the State and to 
     the affected local government documentation of the receipt of 
     out-of-State municipal solid waste during 1993, including 
     information about--
       ``(i) the date of receipt of the out-of-State municipal 
     solid waste;
       ``(ii) the volume of out-of-State municipal solid waste 
     received in 1993;
       ``(iii) the place of origin of the out-of-State municipal 
     solid waste received; and
       ``(iv) the type of out-of-State municipal solid waste 
     received.
       ``(B) False or misleading information.--Documentation 
     submitted under subparagraph (A) shall be made under penalty 
     of perjury under State law for the submission of false or 
     misleading information.
       ``(C) Availability of documentation.--The owner or operator 
     of a facility that receives out-of-State municipal solid 
     waste under subparagraph (A)--
       ``(i) shall make available for inspection by the public in 
     the local community a copy of the documentation submitted 
     under subparagraph (A); but
       ``(ii) may omit any proprietary information contained in 
     the documentation.
       ``(3) Bi-state metropolitan statistical areas.--
       ``(A) In general.--A facility in a State may receive out-
     of-State municipal solid waste if the out-of-State municipal 
     solid waste is generated in, and the facility is located in, 
     the same bi-State level A metropolitan statistical area (as 
     defined and listed by the Director of the Office of 
     Management and Budget as of the date of enactment of this 
     section) that contains  2 contiguous major cities, each of 
     which is in a different State.
       ``(B) Governor agreement.--A facility described in 
     subparagraph (A) may receive out-of-State municipal solid 
     waste only if the Governor of each State in the bi-State 
     metropolitan statistical area agrees that the facility may 
     receive out-of-State municipal solid waste.
       ``(f) Required Compliance.--A facility may not receive out-
     of-State municipal solid waste under subsection (c), (d), or 
     (e) at any time at which the State has determined that--
       ``(1) the facility is not in compliance with applicable 
     Federal and State laws (including regulations) relating to--
       ``(A) facility design and operation; and

[[Page S2605]]

       ``(B)(i) in the case of a landfill--
       ``(I) facility location standards;
       ``(II) leachate collection standards;
       ``(III) ground water monitoring standards; and
       ``(IV) standards for financial assurance and for closure, 
     postclosure, and corrective action; and
       ``(ii) in the case of an incinerator, the applicable 
     requirements of section 129 of the Clean Air Act (42 U.S.C. 
     7429); and
       ``(2) the noncompliance constitutes a threat to human 
     health or the environment.
       ``(g) Authority To Limit Receipt of Out-of-State Municipal 
     Solid Waste.--
       ``(1) Limits on quantity of waste received.--
       ``(A) Limit for all facilities in the state.--
       ``(i) In general.--A State may limit the quantity of out-
     of-State municipal solid waste received annually at each 
     facility in the State to the quantity described in paragraph 
     (2).
       ``(ii) No conflict.--

       ``(I) In general.--A limit under clause (i) shall not 
     conflict with--

       ``(aa) an authorization to receive out-of-State municipal 
     solid waste contained in a permit; or
       ``(bb) a host community agreement entered into between the 
     owner or operator of a facility and the affected local 
     government.

       ``(II) Conflict.--A limit shall be treated as conflicting 
     with a permit or host community agreement if the permit or 
     host community agreement establishes a higher limit, or if 
     the permit or host community agreement does not establish a 
     limit, on the quantity of out-of-State municipal solid waste 
     that may be received annually at the facility.

       ``(B) Limit for particular facilities.--
       ``(i) In general.--An affected local government that has 
     not executed a host community agreement with a particular 
     facility may limit the quantity of out-of-State municipal 
     solid waste received annually at the facility to the quantity 
     specified in paragraph (2).
       ``(ii) No conflict.--A limit under clause (i) shall not 
     conflict with an authorization to receive out-of-State 
     municipal solid waste contained in a permit.
       ``(C) Effect on other laws.--Nothing in this subsection 
     supersedes any State law relating to contracts.
       ``(2) Limit on quantity.--
       ``(A) In general.--For any facility that commenced 
     receiving documented out-of-State municipal solid waste 
     before the date of enactment of this section, the quantity 
     referred to in paragraph (1) for any year shall be equal to 
     the quantity of out-of-State municipal solid waste received 
     at the facility during calendar year 1993.
       ``(B) Documentation.--
       ``(i) Contents.--Documentation submitted under subparagraph 
     (A) shall include information about--

       ``(I) the date of receipt of the out-of-State municipal 
     solid waste;
       ``(II) the volume of out-of-State municipal solid waste 
     received in 1993;
       ``(III) the place of origin of the out-of-State municipal 
     solid waste received; and
       ``(IV) the type of out-of-State municipal solid waste 
     received.

       ``(ii) False or misleading information.--Documentation 
     submitted under subparagraph (A) shall be made under penalty 
     of perjury under State law for the submission of false or 
     misleading information.
       ``(3) No discrimination.--In establishing a limit under 
     this subsection, a State shall act in a manner that does not 
     discriminate against any shipment of out-of-State municipal 
     solid waste on the basis of State of origin.
       ``(h) Authority To Limit Receipt of Out-of-State Municipal 
     Solid Waste to Declining Percentages of Quantities Received 
     During 1993.--
       ``(1) In general.--A State in which facilities received 
     more than 650,000 tons of out-of-State municipal solid waste 
     in calendar year 1993 may establish a limit on the quantity 
     of out-of-State municipal solid waste that may be received at 
     all facilities in the State described in subsection (e)(2) in 
     the following quantities:
       ``(A) In calendar year 2004, 95 percent of the quantity 
     received in calendar year 1993.
       ``(B) In each of calendar years 2005 through 2008, 95 
     percent of the quantity received in the previous year.
       ``(C) In each calendar year after calendar year 2008, 65 
     percent of the quantity received in calendar year 1993.
       ``(2) Uniform applicability.--A limit under paragraph (1) 
     shall apply uniformly--
       ``(A) to the quantity of out-of-State municipal solid waste 
     that may be received at all facilities in the State that 
     received out-of-State municipal solid waste in calendar year 
     1993; and
       ``(B) for each facility described in clause (i), to the 
     quantity of out-of-State municipal solid waste that may be 
     received from each State that generated out-of-State 
     municipal solid waste received at the facility in calendar 
     year 1993.
       ``(3) Notice.--Not later than 90 days before establishing a 
     limit under paragraph (1), a State shall provide notice of 
     the proposed limit to each State from which municipal solid 
     waste was received in calendar year 1993.
       ``(4) Alternative authorities.--If a State exercises 
     authority under this subsection, the State may not thereafter 
     exercise authority under subsection (g).
       ``(i)  Cost Recovery Surcharge.--
       ``(1)  Definitions.--In this subsection:
       ``(A) Cost.--The term `cost' means a cost incurred by the 
     State for the implementation of State laws governing the 
     processing, combustion, or disposal of municipal solid waste, 
     limited to--
       ``(i) the issuance of new permits and renewal of or 
     modification of permits;
       ``(ii) inspection and compliance monitoring;
       ``(iii) enforcement; and
       ``(iv) costs associated with technical assistance, data 
     management, and collection of fees.
       ``(B) Processing.--The term `processing' means any activity 
     to reduce the volume of municipal solid waste or alter the 
     chemical, biological or physical state of municipal solid 
     waste, through processes such as thermal treatment, bailing, 
     composting, crushing, shredding, separation, or compaction.
       ``(2) Authority.--A State may authorize, impose, and 
     collect a cost recovery charge on the processing or disposal 
     of out-of-State municipal solid waste in the State in 
     accordance with this subsection.
       ``(3)  Amount of surcharge.--The amount of a cost recovery 
     surcharge--
       ``(A) may be no greater than the amount necessary to 
     recover those costs determined in conformance with paragraph 
     (5); and
       ``(B) in no event may exceed $3.00 per ton of waste.
       ``(4)  Use of surcharge collected.--All cost recovery 
     surcharges collected by a State under this subsection shall 
     be used to fund solid waste management programs, administered 
     by the State or a political subdivision of the State, that 
     incur costs for which the surcharge is collected.
       ``(5)  Conditions.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), a 
     State may impose and collect a cost recovery surcharge on the 
     processing or disposal within the State of out-of-State 
     municipal solid waste if--
       ``(i) the State demonstrates a cost to the State arising 
     from the processing or disposal within the State of a volume 
     of municipal solid waste from a source outside the State;
       ``(ii) the surcharge is based on those costs to the State 
     demonstrated under subparagraph (A) that, if not paid for 
     through the surcharge, would otherwise have to be paid or 
     subsidized by the State; and
       ``(iii) the surcharge is compensatory and is not 
     discriminatory.
       ``(B) Prohibition of surcharge.--In no event shall a cost 
     recovery surcharge be imposed by a State to the extent that--
       ``(i) the cost for which recovery is sought is otherwise 
     paid, recovered, or offset by any other fee or tax paid to 
     the State or a political subdivision of the State; or
       ``(ii) to the extent that the amount of the surcharge is 
     offset by voluntary payments to a State or a political 
     subdivision of the State, in connection with the generation, 
     transportation, treatment, processing, or disposal of solid 
     waste.
       ``(C) Subsidy; non-discrimination.--The grant of a subsidy 
     by a State with respect to entities disposing of waste 
     generated within the State does not constitute discrimination 
     for purposes of subparagraph (A).
       ``(j) Implementation and Enforcement.--A State may adopt 
     such laws (including regulations), not inconsistent with this 
     section, as are appropriate to implement and enforce this 
     section, including provisions for penalties.
       ``(k) Annual State Report.--
       ``(1) Facilities.--On February 1, 2004, and on February 1 
     of each subsequent year, the owner or operator of each 
     facility that receives out-of-State municipal solid waste 
     shall submit to the State information specifying--
       ``(A) the quantity of out-of-State municipal solid waste 
     received during the preceding calendar year; and
       ``(B) the State of origin of the out-of-State municipal 
     solid waste received during the preceding calendar year.
       ``(2) Transfer stations.--
       ``(A) Definition of receive for transfer.--In this 
     paragraph, the term `receive for transfer' means receive for 
     temporary storage pending transfer to another State or 
     facility.
       ``(B) Report.--On February 1, 2004, and on February 1 of 
     each subsequent year, the owner or operator of each transfer 
     station that receives for transfer out-of-State municipal 
     solid waste shall submit to the State a report describing--
       ``(i) the quantity of out-of-State municipal solid waste 
     received for transfer during the preceding calendar year;
       ``(ii) each State of origin of the out-of-State municipal 
     solid waste received for transfer during the preceding 
     calendar year; and
       ``(iii) each State of destination of the out-of-State 
     municipal solid waste transferred from the transfer station 
     during the preceding calendar year.
       ``(3) No preclusion of state requirements.--The 
     requirements of paragraphs (1) and (2) do not preclude any 
     State requirement for more frequent reporting.
       ``(4) False or misleading information.--Documentation 
     submitted under paragraphs (1) and (2) shall be made under 
     penalty of perjury under State law for the submission of 
     false or misleading information.
       ``(5) Report.--On March 1, 2004, and on March 1 of each 
     year thereafter, each State to which information is submitted 
     under paragraphs (1) and (2) shall publish and make available 
     to the public a report containing information on the quantity 
     of out-of-State

[[Page S2606]]

     municipal solid waste received for disposal and received for 
     transfer in the State during the preceding calendar year.''.
       (b) Conforming Amendment.--The table of contents of the 
     Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by 
     adding after the item relating to section 4010 the following:

``Sec. 4011. Authority to prohibit or limit receipt of out-of-State 
              municipal solid waste at existing facilities.''.

     SEC. 3. AUTHORITY TO DENY PERMITS FOR OR IMPOSE PERCENTAGE 
                   LIMITS ON RECEIPT OF OUT-OF-STATE MUNICIPAL 
                   SOLID WASTE AT NEW FACILITIES.

       (a) Amendment.--Subtitle D of the Solid Waste Disposal Act 
     (42 U.S.C. 6941 et seq.) (as amended by section 2(a)), is 
     amended by adding after section 4011 the following:

     ``SEC. 4012. AUTHORITY TO DENY PERMITS FOR OR IMPOSE 
                   PERCENTAGE LIMITS ON RECEIPT OF OUT-OF-STATE 
                   MUNICIPAL SOLID WASTE AT NEW FACILITIES.

       ``(a) Definitions.--In this section:
       ``(1) Terms defined in section 4011.--The terms 
     `authorization to receive out-of-State municipal solid 
     waste', `disposal', `existing host community agreement', 
     `host community agreement', `municipal solid waste', `out-of-
     State municipal solid waste', and `receive' have the meaning 
     given those terms, respectively, in section 4011.
       ``(2) Other terms.--The term `facility' means a landfill, 
     incinerator, or other enterprise that receives out-of-State 
     municipal solid waste on or after the date of enactment of 
     this section.
       ``(b) Authority To Deny Permits or Impose Percentage 
     Limits.--
       ``(1) Alternative authorities.--In any calendar year, a 
     State may exercise the authority under either paragraph (2) 
     or paragraph (3), but may not exercise the authority under 
     both paragraphs (2) and (3).
       ``(2) Authority to deny permits.--A State may deny a permit 
     for the construction or operation of or a major modification 
     to a facility if--
       ``(A) the State has approved a State or local comprehensive 
     municipal solid waste management plan developed under Federal 
     or State law; and
       ``(B) the denial is based on a determination, under a State 
     law authorizing the denial, that there is not a local or 
     regional need for the facility in the State.
       ``(3) Authority to impose percentage limit.--A State may 
     provide by law that a State permit for the construction, 
     operation, or expansion of a facility shall include the 
     requirement that not more than a specified percentage (which 
     shall be not less than 20 percent) of the total quantity of 
     municipal solid waste received annually at the facility shall 
     be out-of-State municipal solid waste.
       ``(c) New Host Community Agreements.--
       ``(1) In general.--Notwithstanding subsection (b)(3), a 
     facility operating under an existing host community agreement 
     that contains an authorization to receive out-of-State 
     municipal solid waste in a specific quantity annually may 
     receive that quantity.
       ``(2) No effect on state permit denial.--Nothing in 
     paragraph (1) authorizes a facility described in that 
     paragraph to receive out-of-State municipal solid waste if 
     the State has denied a permit to the facility under 
     subsection (b)(2).
       ``(d) Uniform and Nondiscriminatory Application.--A law 
     under subsection (b) or (c)--
       ``(1) shall be applicable throughout the State;
       ``(2) shall not directly or indirectly discriminate against 
     any particular facility; and
       ``(3) shall not directly or indirectly discriminate against 
     any shipment of out-of-State municipal solid waste on the 
     basis of place of origin.''.
       (b) Conforming Amendment.--The table of contents in section 
     1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) 
     (as amended by section 1(b)) is amended by adding at the end 
     of the items relating to subtitle D the following:

``Sec. 4012. Authority to deny permits for or impose percentage limits 
              on new facilities.''.

     SEC. 4. CONSTRUCTION AND DEMOLITION WASTE.

       (a) Amendment.--Subtitle D of the Solid Waste Disposal Act 
     (42 U.S.C. 6941 et seq.) (as amended by section 3(a)), is 
     amended by adding after section 4012 the following:

     ``SEC. 4013. CONSTRUCTION AND DEMOLITION WASTE.

       ``(a) Definitions.--In this section:
       ``(1) Terms defined in section 4011.--The terms `affected 
     local government', `Governor', and `receive' have the 
     meanings given those terms, respectively, in section 4011.
       ``(2) Other terms.--
       ``(A) Base year quantity.--The term `base year quantity' 
     means--
       ``(i) the annual quantity of out-of-State construction and 
     demolition debris received at a State in calendar year 2004, 
     as determined under subsection (c)(2)(B)(i); or
       ``(ii) in the case of an expedited implementation under 
     subsection (c)(5), the annual quantity of out-of-State 
     construction and demolition debris received in a State in 
     calendar year 2003.
       ``(B) Construction and demolition waste.--
       ``(i) In general.--The term `construction and demolition 
     waste' means debris resulting from the construction, 
     renovation, repair, or demolition of or similar work on a 
     structure.
       ``(ii) Exclusions.--The term `construction and demolition 
     waste' does not include debris that--

       ``(I) is commingled with municipal solid waste; or
       ``(II) is contaminated, as determined under subsection (b).

       ``(C) Facility.--The term `facility' means any enterprise 
     that receives construction and demolition waste on or after 
     the date of enactment of this section, including landfills.
       ``(D) Out-of-state construction and demolition waste.--The 
     term `out-of-State construction and demolition waste' means--
       ``(i) with respect to any State, construction and 
     demolition debris generated outside the State; and
       ``(ii) construction and demolition debris generated outside 
     the United States, unless the President determines that 
     treatment of the construction and demolition debris as out-
     of-State construction and demolition waste under this section 
     would be inconsistent with the North American Free Trade 
     Agreement or the Uruguay Round Agreements (as defined in 
     section 2 of the Uruguay Round Agreements Act (19 U.S.C. 
     3501)).
       ``(b) Contaminated Construction and Demolition Debris.--
       ``(1) In general.--For the purpose of determining whether 
     debris is contaminated, the generator of the debris shall 
     conduct representative sampling and analysis of the debris.
       ``(2) Submission of results.--Unless not required by the 
     affected local government, the results of the sampling and 
     analysis under paragraph (1) shall be submitted to the 
     affected local government for recordkeeping purposes only.
       ``(3) Disposal of contaminated debris.--Any debris 
     described in subsection (a)(2)(B)(i) that is determined to be 
     contaminated shall be disposed of in a landfill that meets 
     the requirements of this Act.
       ``(c) Limit on Construction and Demolition Waste.--
       ``(1) In general.--A State may establish a limit on the 
     annual amount of out-of-State construction and demolition 
     waste that may be received at landfills in the State.
       ``(2) Required action by the state.--A State that seeks to 
     limit the receipt of out-of-State construction and demolition 
     waste received under this section shall--
       ``(A) not later than January 1, 2004, establish and 
     implement reporting requirements to determine the quantity of 
     construction and demolition waste that is--
       ``(i) disposed of in the State; and
       ``(ii) imported into the State; and
       ``(B) not later than March 1, 2005--
       ``(i) establish the annual quantity of out-of-State 
     construction and demolition waste received during calendar 
     year 2004; and
       ``(ii) report the tonnage received during calendar year 
     2004 to the Governor of each exporting State.
       ``(3) Reporting by facilities.--
       ``(A) In general.--Each facility that receives out-of-State 
     construction and demolition debris shall report to the State 
     in which the facility is located the quantity and State of 
     origin of out-of-State construction and demolition debris 
     received--
       ``(i) in calendar year 2003, not later than February 1, 
     2004; and
       ``(ii) in each subsequent calendar year, not later than 
     February 1 of the calendar year following that year.
       ``(B) No preclusion of state requirements.--The requirement 
     of subparagraph (A) does not preclude any State requirement 
     for more frequent reporting.
       ``(C) Penalty.--Each submission under this paragraph shall 
     be made under penalty of perjury under State law.
       ``(4) Limit on debris received.--
       ``(A) Ratchet.--A State in which facilities receive out-of-
     State construction and demolition debris may decrease the 
     quantity of construction and demolition debris that may be 
     received at each facility to an annual percentage  of the 
     base year quantity specified in subparagraph (B).
       ``(B) Reduced annual percentages.--A limit on out-of-State 
     construction and demolition debris imposed by a State under 
     subparagraph (A) shall be equal to--
       ``(i) in calendar year 2005, 95 percent of the base year 
     quantity;
       ``(ii) in calendar year 2006, 90 percent of the base year 
     quantity;
       ``(iii) in calendar year 2007, 85 percent of the base year 
     quantity;
       ``(iv) in calendar year 2008, 80 percent of the base year 
     quantity;
       ``(v) in calendar year 2009, 75 percent of the base year 
     quantity;
       ``(vi) in calendar year 2010, 70 percent of the base year 
     quantity;
       ``(vii) in calendar year 2011, 65 percent of the base year 
     quantity;
       ``(viii) in calendar year 2012, 60 percent of the base year 
     quantity;
       ``(ix) in calendar year 2013, 55 percent of the base year 
     quantity; and
       ``(x) in calendar year 2014 and in each subsequent year, 50 
     percent of the base year quantity.
       ``(5) Expedited implementation.--
       ``(A) Ratchet.--A State in which facilities receive out-of-
     State construction and demolition debris may decrease the 
     quantity of construction and demolition debris that may be 
     received at each facility to an annual percentage of the base 
     year quantity specified in subparagraph (B) if--

[[Page S2607]]

       ``(i) on the date of enactment of this section, the State 
     has determined the quantity of construction and demolition 
     waste received in the State in calendar year 2003; and
       ``(ii) the State complies with paragraphs (2) and (3).
       ``(B) Expedited reduced annual percentages.--An expedited 
     implementation of a limit on the receipt of out-of-State 
     construction and demolition debris imposed by a State under 
     subparagraph (A) shall be equal to--
       ``(i) in calendar year 2004, 95 percent of the base year 
     quantity;
       ``(ii) in calendar year 2005, 90 percent of the base year 
     quantity;
       ``(iii) in calendar year 2006, 85 percent of the base year 
     quantity;
       ``(iv) in calendar year 2007, 80 percent of the base year 
     quantity;
       ``(v) in calendar year 2008, 75 percent of the base year 
     quantity;
       ``(vi) in calendar year 2009, 70 percent of the base year 
     quantity;
       ``(vii) in calendar year 2010, 65 percent of the base year 
     quantity;
       ``(viii) in calendar year 2011, 60 percent of the base year 
     quantity;
       ``(ix) in calendar year 2012, 55 percent of the base year 
     quantity; and
       ``(x) in calendar year 2013 and in each subsequent year, 50 
     percent of the base year quantity.''.
       (b) Conforming Amendment.--The table of contents in section 
     1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) 
     (as amended by section 3(b)), is amended by adding at the end 
     of the items relating to subtitle D the following:

``Sec. 4013. Construction and demolition debris.''.

     SEC. 5. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL 
                   MUNICIPAL SOLID WASTE FLOW CONTROL.

       (a) Amendment of Subtitle D.--Subtitle D of the Solid Waste 
     Disposal Act (42 U.S.C. 6941 et seq.) (as amended by section 
     4(a)) is amended by adding after section 4013 the following:

     ``SEC. 4014. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL 
                   GOVERNMENT CONTROL OVER MOVEMENT OF MUNICIPAL 
                   SOLID WASTE AND RECYCLABLE MATERIALS.

       ``(a) Flow Control Authority for Facilities Previously 
     Designated.--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 the suspension date, 
     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, as such jurisdiction was in effect on 
     the suspension date.
       ``(2) Such flow control authority is imposed through the 
     adoption or execution of a law, ordinance, regulation, 
     resolution, or other legally binding provision or official 
     act of the State or political subdivision that--
       ``(A) was in effect on the suspension date;
       ``(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 or 
     partial suspension thereof by legislative or official 
     administrative action of the State or political subdivision 
     expressly because of the existence of an injunction or other 
     court order of the type described in subparagraph (B) issued 
     by a court of competent jurisdiction.
       ``(3) The State or a political subdivision thereof has, for 
     one or more of such designated facilities--
       ``(A) on or before the suspension date, presented eligible 
     bonds for sale;
       ``(B) on or before the suspension date, issued a written 
     public declaration or regulation stating that bonds would be 
     issued and held hearings regarding such issuance, and 
     subsequently presented eligible bonds for sale within 180 
     days of the declaration or regulation; or
       ``(C) on or before the suspension date, executed a legally 
     binding contract or agreement that--
       ``(i) was in effect as of the suspension date;
       ``(ii) obligates the delivery of a minimum quantity of 
     municipal solid waste or recyclable materials to one or more 
     such designated waste management facilities or facilities for 
     recyclable materials; and
       ``(iii) either--

       ``(I) obligates the State or political subdivision 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; or
       ``(II) otherwise imposes liability for damages resulting 
     from such failure.

       ``(b) Waste Stream Subject to Flow Control.--Subsection (a) 
     authorizes only the exercise of flow  control authority with 
     respect to the flow to any designated facility of the 
     specific classes or categories of municipal solid waste 
     and voluntarily relinquished recyclable materials to which 
     such flow control authority was applicable on the 
     suspension date and--
       ``(1) in the case of any designated waste management 
     facility or facility for recyclable materials that was in 
     operation as of the suspension date, only if the facility 
     concerned received municipal solid waste or recyclable 
     materials in those classes or categories on or before the 
     suspension date; and
       ``(2) in the case of any designated waste management 
     facility or facility for recyclable materials that was not 
     yet in operation as of the suspension date, only of the 
     classes or categories that were clearly identified by the 
     State or political subdivision as of the suspension date to 
     be flow controlled to such facility.
       ``(c) Duration of Flow Control Authority.--Flow control 
     authority may be exercised pursuant to this section with 
     respect to any facility or facilities only until the later of 
     the following:
       ``(1) The final maturity date of the bond referred to in 
     subsection (a)(3)(A) or (B).
       ``(2) The expiration date of the contract or agreement 
     referred to in subsection (a)(3)(C).
       ``(3) The adjusted expiration date of a bond issued for a 
     qualified environmental retrofit.
     The dates referred to in paragraphs (1) and (2) shall be 
     determined based upon the terms and provisions of the bond or 
     contract or agreement. In the case of a contract or agreement 
     described in subsection (a)(3)(C) that has no specified 
     expiration date, for purposes of paragraph (2) of this 
     subsection the expiration date shall be the first date that 
     the State or political subdivision that is a party to the 
     contract or agreement can withdraw from its responsibilities 
     under the contract or agreement without being in default 
     thereunder and without substantial penalty or other 
     substantial legal sanction. The expiration date of a contract 
     or agreement referred to in subsection (a)(3)(C) shall be 
     deemed to occur at the end of the period of an extension 
     exercised during the term of the original contract or 
     agreement, if the duration of that extension was specified by 
     such contract or agreement as in effect on the suspension 
     date.
       ``(d) Indemnification for Certain Transportation.--
     Notwithstanding any other provision of this section, no State 
     or political subdivision may require any person to transport 
     municipal solid waste or recyclable materials, or to deliver 
     such waste or materials for transportation, to any active 
     portion of a municipal solid waste landfill unit if 
     contamination of such active portion is a basis for listing 
     of the municipal solid waste landfill unit 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 landfill unit has indemnified that person 
     against all liability under that Act with respect to such 
     waste or materials.
       ``(e) Ownership of Recyclable Materials.--Nothing in this 
     section shall authorize any State or political subdivision to 
     require any person to sell or transfer any recyclable 
     materials to such State or political subdivision.
       ``(f) Limitation on Revenue.--A State or political 
     subdivision may exercise the flow control authority granted 
     in this section only if the State or political subdivision 
     limits the use of any of the revenues it derives from the 
     exercise of such authority to 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)(C).
       ``(4) Other expenses necessary for the operation and 
     maintenance and closure of designated facilities and other 
     integral facilities identified by the bond necessary for the 
     operation and maintenance of such designated facilities.
       ``(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 the suspension date. The 
     amount and nature of payments described in this paragraph 
     shall be fully disclosed to the public annually.
       ``(g) Interim Contracts.--A contract of the type referred 
     to in subsection (a)(3)(C) 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 the applicable State or political subdivision; 
     or
       ``(2) after the applicable State or political subdivision 
     refrained pursuant to legislative or official administrative 
     action from enforcing flow control authority expressly 
     because of the existence of a court order of the type 
     described in subsection (a)(2)(B) issued by a court of the 
     same State or the Federal judicial circuit within which such 
     State is located 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.
       ``(h) 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

[[Page S2608]]

       ``(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.
       ``(2) Additional flow control authority.--A State or any 
     political subdivision of a State that meets the requirements 
     of paragraph (1) may exercise flow control authority over all 
     classes and categories of municipal solid waste that were 
     subject to flow control by that State or political 
     subdivision on May 16, 1994, by directing municipal solid 
     waste from any waste management facility that was designated 
     as of May 16, 1994 to any other waste management facility in 
     the State without regard to whether the political subdivision 
     in which the municipal solid waste is generated had 
     designated the particular waste management facility or had 
     issued a bond or entered into a contact referred to in 
     subparagraph (A) or (B) of subsection (a)(3), respectively.
       ``(3) 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).
       ``(i) Effect on Authority of States and Political 
     Subdivisions.--Nothing in this section shall be interpreted--
       ``(1) to authorize a political subdivision to exercise the 
     flow control authority granted by this section in a manner 
     inconsistent with State law;
       ``(2) to permit the exercise of flow control authority over 
     municipal solid waste and recyclable materials to an extent 
     greater than the maximum volume authorized by State permit to 
     be disposed at the waste management facility or processed at 
     the facility for recyclable materials;
       ``(3) to limit the authority of any State or political 
     subdivision to place a condition on a franchise, license, or 
     contract for municipal solid waste or recyclable materials 
     collection, processing, or disposal; or
       ``(4) to impair in any manner the authority of any State or 
     political subdivision to adopt or enforce any law, ordinance, 
     regulation, or other legally binding provision or official 
     act relating to the movement or processing of municipal solid 
     waste or recyclable materials which does not constitute 
     discrimination against or an undue burden upon interstate 
     commerce.
       ``(j) 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. Such provisions, other 
     than subsection (d), shall also apply to the exercise by any 
     State or political subdivision of flow control authority 
     before such date of enactment, except that nothing in this 
     section shall affect any final judgment that is no longer 
     subject to judicial review as of the date of enactment of 
     this section insofar as such judgment awarded damages based 
     on a finding that the exercise of flow control authority was 
     unconstitutional.
       ``(k) State Solid Waste District Authority.--In addition to 
     any other flow control authority authorized under this 
     section a solid waste district or a political subdivision of 
     a State may exercise flow control authority for a period of 
     20 years after the enactment of this section, for municipal 
     solid waste and for recyclable materials that is generated 
     within its jurisdiction if--
       ``(1) the solid waste district, or a political subdivision 
     within such district, is required through a recyclable 
     materials recycling program to meet a municipal solid waste 
     reduction goal of at least 30 percent by the year 2005, and 
     uses revenues generated by the exercise of flow control 
     authority strictly to implement programs to manage municipal 
     solid waste and recyclable materials, other than incineration 
     programs; and
       ``(2) prior to the suspension date, the solid waste 
     district, or a political subdivision within such district--
       ``(A) was responsible under State law for the management 
     and regulation of the storage, collection, processing, and 
     disposal of solid wastes within its jurisdiction;
       ``(B) was authorized by State statute (enacted prior to 
     January 1, 1992) to exercise flow control authority, and 
     subsequently adopted or sought to exercise the authority 
     through a law, ordinance, regulation, regulatory proceeding, 
     contract, franchise, or other legally binding provision; and
       ``(C) was required by State statute (enacted prior to 
     January 1, 1992) to develop and implement a solid waste 
     management plan consistent with the State solid waste 
     management plan, and the district solid waste management plan 
     was approved by the appropriate State agency prior to 
     September 15, 1994.
       ``(l) Special Rule for Certain Consortia.--For purposes of 
     this section, if--
       ``(1) two or more political subdivisions are members of a 
     consortium of political subdivisions established to exercise 
     flow control authority with respect to any waste management 
     facility or facility for recyclable materials;
       ``(2) all of such members have either presented eligible 
     bonds for sale or executed contracts with the owner or 
     operator of the facility requiring use of such facility;
       ``(3) the facility was designated as of the suspension date 
     by at least one of such members;
       ``(4) at least one of such members has met the requirements 
     of subsection (a)(2) with respect to such facility; and
       ``(5) at least one of such members has presented eligible 
     bonds for sale, or entered into a contract or agreement 
     referred to in subsection (a)(3)(C), on or before the 
     suspension date, for such facility,
     the facility shall be treated as having been designated, as 
     of May 16, 1994, by all members of such consortium, and all 
     such members shall be treated as meeting the requirements of 
     subsection (a)(2) and (3) with respect to such facility.
       ``(m) Recovery of Damages.--
       ``(1) Prohibition.--No damages, interest on damages, costs, 
     or attorneys' fees may be recovered in any claim against any 
     State or local government, or official or employee 
     thereof, based on the exercise of flow control authority 
     on or before May 16, 1994.
       ``(2) Applicability.--Paragraph (1) shall apply to cases 
     commenced on or after the date of enactment of the Municipal 
     Solid Waste Interstate Transportation and Local Authority Act 
     of 2003, and shall apply to cases commenced before such date 
     except cases in which a final judgment no longer subject to 
     judicial review has been rendered.
       ``(n) 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 bond.
       ``(2) Bond issued for a qualified environmental retrofit.--
     The term `bond issued for a qualified environmental retrofit' 
     means a bond described in paragraph (4)(A) or (B), 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, provided that such bond is presented for sale before 
     the expiration date of the bond or contract referred to in 
     subsection (a)(3)(A), (B), or (C) that is applicable to such 
     facility and no later than December 31, 1999.
       ``(3) Designated.--The term `designated' means identified 
     by a State or political subdivision for receipt of all or any 
     portion of the municipal solid waste or recyclable materials 
     that is generated within the boundaries of the State or 
     political subdivision. Such designation includes designation 
     through--
       ``(A) bond covenants, official statements, or other 
     official financing documents issued by a State or political 
     subdivision issuing an eligible bond; and
       ``(B) the execution of a contract of the type described in 
     subsection (a)(3)(C),
     in which one or more specific waste management facilities are 
     identified as the requisite facility or facilities for 
     receipt of municipal solid waste or recyclable materials 
     generated within the jurisdictional boundaries of that State 
     or political subdivision.
       ``(4) Eligible bond.--The term `eligible bond' means--
       ``(A) a revenue bond or similar instrument of indebtedness 
     pledging payment to the bondholder or holder of the debt of 
     identified revenues; or
       ``(B) a general obligation bond,
     the proceeds of which are used to finance one or more 
     designated waste management facilities, facilities for 
     recyclable materials, or specifically and directly related 
     assets, development costs, or finance costs, as evidenced by 
     the bond documents.
       ``(5) Flow control authority.--The term `flow control 
     authority' means the regulatory authority to control the 
     movement of municipal solid waste or voluntarily relinquished 
     recyclable materials and direct such solid waste or 
     recyclable materials to one or more designated waste 
     management facilities or facilities for recyclable materials 
     within the boundaries of a State or political subdivision.
       ``(6) Municipal solid waste.--The term `municipal solid 
     waste' has the meaning given that term in section 4011, 
     except that such term--
       ``(A) includes waste material removed from a septic tank, 
     septage pit, or cesspool (other than from portable toilets); 
     and
       ``(B) does not include--
       ``(i) any substance the treatment and disposal of which is 
     regulated under the Toxic Substances Control Act;
       ``(ii) waste generated during scrap processing and scrap 
     recycling; or
       ``(iii) construction and demolition debris, except where 
     the State or political subdivision had on or before January 
     1, 1989, issued eligible bonds secured pursuant to State or 
     local law requiring the delivery of construction and 
     demolition debris to a waste management facility designated 
     by such State or political subdivision.
       ``(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) 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.

[[Page S2609]]

       ``(9) Suspension date.--The term `suspension date' means, 
     with respect to a State or political subdivision--
       ``(A) May 16, 1994;
       ``(B) the date of an injunction or other court order 
     described in subsection (a)(2)(B) that was issued with 
     respect to that State or political subdivision; or
       ``(C) the date of a suspension or partial suspension 
     described in subsection (a)(2)(C) with respect to that State 
     or political subdivision.
       ``(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 in section 
     1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) 
     (as amended by section 4(b)), is amended by adding at the end 
     of the items relating to subtitle D the following:

``Sec. 4014. Congressional authorization of State and local government 
              control over movement of municipal solid waste and 
              recyclable materials.''.

     SEC. 6. EFFECT ON INTERSTATE COMMERCE.

       No action by a State or affected local government under an 
     amendment made by this Act shall be considered to impose an 
     undue burden on interstate commerce or to otherwise impair, 
     restrain, or discriminate against interstate commerce.
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