[Congressional Record Volume 168, Number 39 (Thursday, March 3, 2022)]
[Senate]
[Pages S992-S994]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. CARPER (for himself, Mr. Boozman, and Mrs. Capito):
S. 3743. A bill to require the Administrator of the Environmental
Protection Agency to carry out certain activities to improve recycling
and composting programs in the United States, and for other purposes;
to the Committee on Environment and Public Works.
Mr. CARPER. Mr. President, today I am pleased to introduce, alongside
the Senator from Arkansas, Mr. Boozman, and the Senator from West
Virginia, Mrs. Capito, the Recycling and Composting Accountability Act.
This bill is the result of true collaboration and reflects a
substantial amount of bipartisan effort to address our Nation's
recycling and composting challenges. This bill aims to improve the
Environmental Protection Agency's ability to gather data on our
Nation's recycling systems and explore opportunities for implementing a
national composting strategy.
The availability of good data is one of the major challenges facing
the public and private sector as they work make investments to improve
our recycling systems. Upgrading recycling infrastructure, expanding
recycling services, and increasing recycling education will all benefit
from the availability of better data.
Specifically, this bill will create a comprehensive database of all
curbside recycling and composting programs nationwide. It will also
assess the materials those programs collect and their rates of
contamination. The bill will also look at barriers communities and
individuals face when trying to access recycling and composting
services.
In addition to that, the bill will ask the EPA to study the end
market sale of recyclable and compostable materials. It also directs
the EPA to develop a way to measure how otherwise recyclable materials
are being lost from the circular market. The reports from both of these
studies will be immeasurably helpful to stakeholders, communities, and
local and State governments.
As part of the Infrastructure Investment and Jobs Act, Congress
provided unprecedented levels of funding for recycling infrastructure
and educational programs. The bill I am introducing today represents
our next step in building on these efforts--to turn the challenges of
recycling and composting into opportunities to reduce planet-warming
emissions and create good-paying jobs.
I look forward to working with my colleagues to enact this
legislation this Congress. I ask unanimous consent that a copy of the
legislation be printed in the Record following my statement.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3743
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recycling and Composting
Accountability Act''.
SEC. 2. DEFINITIONS.
(a) In General.--In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Circular market.--The term ``circular market'' means a
market that utilizes industrial processes and economic
activities to enable post-industrial and post-consumer
materials used in those processes and activities to maintain
their highest values for as long as possible.
(3) Compost.--The term ``compost'' means a product that--
(A) is manufactured through the controlled aerobic,
biological decomposition of biodegradable materials;
(B) has been subjected to medium and high temperature
organisms, which--
(i) significantly reduce the viability of pathogens and
weed seeds; and
(ii) stabilize carbon in the product such that the product
is beneficial to plant growth; and
(C) is typically used as a soil amendment, but may also
contribute plant nutrients.
(4) Compostable material.--The term ``compostable
material'' means material that is a feedstock for creating
compost, including--
(A) wood;
(B) agricultural crops;
(C) paper;
(D) certified compostable products associated with organic
waste;
(E) other organic plant material;
(F) marine products;
(G) organic waste, including food waste and yard waste; and
(H) such other material that is composed of biomass that
can be continually replenished or renewed, as determined by
the Administrator.
(5) Composting facility.--The term ``composting facility''
means a location, structure, or device that transforms
compostable materials into compost.
(6) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(7) Materials recovery facility.--
(A) In general.--The term ``materials recovery facility''
means a dedicated recycling facility where primarily
residential recyclables, which are diverted from disposal by
the generator and collected separately from municipal solid
waste, are mechanically or manually sorted into commodities
for further processing into specification-grade commodities
for sale to end users.
(B) Exclusion.--The term ``materials recovery facility''
does not include a solid waste management facility that may
process municipal solid waste to remove recyclable materials.
(8) Recyclable material.--The term ``recyclable material''
means a material that is obsolete, previously used, off-
specification, surplus, or incidentally produced for
processing into a specification-grade commodity for which a
circular market currently exists or is being developed.
(9) Recycling.--The term ``recycling'' means the series of
activities--
(A) during which recyclable materials are processed into
specification-grade commodities, and consumed as raw-material
feedstock, in lieu of virgin materials, in the manufacturing
of new products;
(B) that may include sorting, collection, processing, and
brokering; and
(C) that result in subsequent consumption by a materials
manufacturer, including for the manufacturing of new
products.
(10) State.--The term ``State'' has the meaning given the
term in section 1004 of the Solid Waste Disposal Act (42
U.S.C. 6903).
(b) Definition of Processing.--In paragraphs (7), (8), and
(9) of subsection (a), the term ``processing'' means any
mechanical, manual, or other method that--
(1) transforms a recyclable material into a specification-
grade commodity; and
(2) may occur in multiple steps, with different steps,
including sorting, occurring at different locations.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) recycling conserves resources, protects the
environment, and is important to the United States economy;
(2) the United States recycling infrastructure encompasses
each of the entities that collect, process, broker, and
consume recyclable materials sourced from commercial,
industrial, and residential sources;
(3) the residential segment of the United States recycling
infrastructure is facing challenges from--
(A) confusion over what materials are recyclable materials;
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(B) reduced export markets;
(C) growing, but still limited, domestic end markets;
(D) an ever-changing and heterogeneous supply stream; and
(E) in some areas, a recycling infrastructure in need of
revitalization; and
(4) in an effort to address those challenges, the United
States must use a combination of tactics to improve recycling
and composting in the United States.
SEC. 4. REPORT ON COMPOSTING INFRASTRUCTURE CAPABILITIES.
The Administrator, in consultation with States, units of
local government, and Indian Tribes, shall--
(1) prepare a report describing the capability of the
United States to implement a national residential composting
strategy for compostable materials for the purposes of
reducing contamination rates for residential recycling,
including--
(A) an evaluation of existing Federal, State, and local
laws that may present barriers to implementation of a
national residential composting strategy;
(B)(i) an evaluation of existing composting programs of
States, units of local government, and Indian Tribes; and
(ii) a description of best practices based on those
programs;
(C) an evaluation of existing composting infrastructure in
States, units of local government, and Indian Tribes for the
purposes of estimating cost and approximate land needed to
expand composting programs; and
(D) a study of the practices of manufacturers and companies
that are moving to using compostable packaging and food
service ware for the purpose of making the composting process
the end-of-life use of those products; and
(2) not later than 1 year after the date of enactment of
this Act, submit the report prepared under paragraph (1) to
Congress.
SEC. 5. REPORT ON FEDERAL AGENCY RECYCLING PRACTICES.
Not later than 1 year after the date of enactment of this
Act, and annually thereafter, the Comptroller General of the
United States, in consultation with the Administrator, shall
make publicly available a report describing--
(1) the total annual recycling and composting rates
reported by all Federal agencies;
(2) the total annual percentage of products containing
recyclable material, compostable material, or recovered
materials purchased by all Federal agencies, including--
(A) the total quantity of procured products containing
recyclable material or recovered materials listed in the
comprehensive procurement guidelines published under section
6002(e) of the Solid Waste Disposal Act (42 U.S.C. 6962(e));
and
(B) the total quantity of compostable material purchased;
(3) recommendations for updating--
(A) the comprehensive procurement guidelines published
under section 6002(e) of the Solid Waste Disposal Act (42
U.S.C. 6962(e)); and
(B) the environmentally preferable purchasing program
established under section 6604(b)(11) of the Pollution
Prevention Act of 1990 (42 U.S.C. 13103(b)(11)); and
(4) the activities of each Federal agency that promote
recycling or composting.
SEC. 6. IMPROVING DATA AND REPORTING.
(a) Inventory of Materials Recovery Facilities.--Not later
than 1 year after the date of enactment of this Act, and
biannually thereafter, the Administrator, in consultation
with States, units of local government, and Indian Tribes,
shall--
(1) prepare an inventory of public and private materials
recovery facilities in the United States, including--
(A) the number of materials recovery facilities in each
unit of local government in each State; and
(B) a description of the materials that each materials
recovery facility can process, including--
(i) in the case of plastic, a description of--
(I) the types of accepted resin, if applicable; and
(II) the container type, such as a jug, a carton, or film;
(ii) food packaging and service ware, such as a bottle,
cutlery, or a cup;
(iii) paper;
(iv) aluminum, such as an aluminum beverage can, food can,
aerosol can, or foil;
(v) steel, such as a steel food or aerosol can;
(vi) other scrap metal;
(vii) glass; or
(viii) any other material not described in any of clauses
(i) through (vii) that a materials recovery facility can
process; and
(2) submit the inventory prepared under paragraph (1) to
Congress.
(b) Establishment of a Comprehensive Baseline of Data for
the United States Recycling System.--The Administrator, in
consultation with States, units of local government, and
Indian Tribes, shall determine, with respect to the United
States--
(1) the number of community curbside recycling and
composting programs;
(2) the number of community drop-off recycling and
composting programs;
(3) the types and forms of materials accepted by each
community curbside recycling, drop-off recycling, or
composting program;
(4) the number of individuals with access to recycling and
composting services to at least the extent of access to
disposal services;
(5) the number of individuals with barriers to accessing
recycling and composting services to at least the extent of
access to disposal services;
(6) the inbound contamination and capture rates of
community curbside recycling, drop-off recycling, or
composting programs; and
(7) where applicable, other available recycling or
composting programs within a community, including store drop-
offs.
(c) Standardization of Recycling Reporting Rates.--
(1) Collection of rates.--
(A) In general.--The Administrator may use amounts made
available under section 9 to biannually collect from each
State the nationally standardized rate of recyclable
materials in that State that have been successfully diverted
from the waste stream and brought to a materials recovery
facility or composting facility.
(B) Confidential or proprietary business information.--
Information collected under subparagraph (A) shall not
include any confidential or proprietary business information,
as determined by the Administrator.
(2) Use.--Using amounts made available under section 9, the
Administrator may use the rates collected under paragraph (1)
to further assist States, units of local government, and
Indian Tribes--
(A) to reduce the overall waste produced by the States and
units of local government; and
(B) to increase recycling and composting rates.
(d) Report on End Markets.--
(1) In general.--The Administrator, in consultation with
States, units of local government, and Indian Tribes, shall--
(A) provide an update to the report submitted under section
306 of the Save Our Seas 2.0 Act (Public Law 116-224; 134
Stat. 1096) to include an addendum on the end-market sale of
all recyclable materials, in addition to recycled plastics as
described in that section, from materials recovery facilities
that process recyclable materials collected from households
and publicly available recyclable materials drop-off centers,
including--
(i) the total, in dollars per ton, domestic sales of bales
of recyclable materials; and
(ii) the total, in dollars per ton, international sales of
bales of recyclable materials;
(B) prepare a report on the end-market sale of compost from
all compostable materials collected from households and
publicly available compost drop-off centers, including the
total, in dollars per ton, of domestic sales of compostable
materials; and
(C) not later than 1 year after the date of enactment of
this Act, submit to Congress the update to the report
prepared under subparagraph (A) and the report prepared under
subparagraph (B).
(2) Confidential or proprietary business information.--
Information collected under subparagraphs (A) and (B) of
paragraph (1) shall not include any confidential or
proprietary business information, as determined by the
Administrator.
SEC. 7. STUDY ON THE DIVERSION OF RECYCLABLE MATERIALS FROM A
CIRCULAR MARKET.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall develop a
metric for determining the proportion of recyclable materials
in commercial and municipal waste streams that are being
diverted from a circular market.
(b) Study; Report.--Not later than 1 year after the
development of a metric under subsection (a), the
Administrator shall conduct a study of, and submit to
Congress a report on, the proportion of recyclable materials
in commercial and municipal waste streams that, during each
of the 10 calendar years preceding the year of submission of
the report, were diverted from a circular market.
(c) Data.--The report under subsection (b) shall provide
data on specific recyclable materials, including aluminum,
plastics, paper and paperboard, textiles, and glass, that
were prevented from remaining in a circular market through
disposal or elimination, and to what use those specific
recyclable materials were lost.
(d) Evaluation.--The report under subsection (b) shall
include an evaluation of whether the establishment or
improvement of recycling programs would--
(1) improve recycling rates; or
(2) reduce the quantity of recyclable materials being
unutilized in a circular market.
SEC. 8. VOLUNTARY GUIDELINES.
The Administrator shall--
(1) in consultation with States, units of local government,
and Indian Tribes, develop, based on the results of the
studies, reports, inventory, and data determined under
sections 4 through 7, and provide to States, units of local
government, and Indian Tribes best practices that the States,
units of local government, and Indian Tribes may use to
enhance recycling and composting, including--
(A) labeling techniques for containers of waste, compost,
and recycling, with the goal of creating consistent, readily
available, and understandable labeling across jurisdictions;
(B) pamphlets or other literature readily available to
constituents;
(C) primary and secondary school educational resources on
recycling;
(D) web and media-based campaigns; and
(E) guidance for the labeling of recyclable materials and
compostable materials that
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minimizes contamination and diversion of those materials from
waste streams toward recycling and composting systems; and
(2) not later than 2 years after the date of enactment of
this Act, submit to Congress a report describing the best
practices developed under paragraph (1).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the
Administrator such sums as are necessary to carry out this
Act for each fiscal year.
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By Mr. DURBIN (for himself, Ms. Duckworth, Ms. Smith, Mrs.
Gillibrand, Mr. Bennet, and Mr. Blumenthal):
S. 3760. A bill to continue the temporary waiver of interest on State
unemployment loans during the pandemic to provide additional relief,
and for other purposes; to the Committee on Finance.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3760
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 ``Continued Waiver of Interest
on State Unemployment Loans during the Pandemic Act''.
SEC. 2. EXTENSION OF INTEREST-FREE LOANS.
(a) In General.-- Section 1202(b)(10)(A) of the Social
Security Act (42 U.S.C. 1322(b)(10)(A)) is amended by
striking ``September 6, 2021'' and inserting ``September 30,
2022''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in the enactment of the
Families First Coronavirus Response Act (Public Law 116-127).
____________________