[Congressional Record Volume 168, Number 126 (Thursday, July 28, 2022)]
[Senate]
[Pages S3755-S3756]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         RECYCLING INFRASTRUCTURE AND ACCESSIBILITY ACT OF 2022

  Mrs. CAPITO. Mr. President, I feel like the Senator from West 
Virginia right now.
  I am very glad that we are going to be passing these two recycling 
bills.
  I will just briefly say I am the cosponsor of the bipartisan 
Recycling and Infrastructure Accessibility Act. Sometimes the simplest 
things that we can do have such great impacts, and I think that is what 
we are going to see here today.
  In rural America, we don't have the accessibility to recycling and 
the infrastructure that we need, and that is the point of my bill. It 
helps us, obviously, protect our environment, supports jobs, and it 
helps our municipalities and others be able to sustain these.
  This is a pilot program that would give Federal support for recycling 
infrastructure projects, such as transfer stations and dropoff 
facilities. That is the difficulty; you can't have one in every small 
town. You need to have a spoke-and-hub sort of system, and that is what 
this is looking at.
  I will speed it up here. I want to thank all the different 
organizations and groups that have helped: The National Water Resources 
Association, the Plastics Industry Association, the American Beverage 
Association, our associated staffs, and particularly the chair of the 
full committee. He has been just a champion here in working on the 
recycling bills. He is the main sponsor of the Recycling Composting 
Accountability Act, of which I am also a cosponsor.
  These will fill great and important data gaps. These are recycling 
bills that were reported out by voice votes so we have unanimous 
consent by our committee. I am glad that our colleagues have agreed to 
pass them.


                                S. 3742

  So I will move on and say, as if in legislative session, I ask 
unanimous consent that the Senate proceed to the immediate 
consideration of Calendar No. 357, S. 3742.
  The PRESIDING OFFICER (Mr. Schatz). The clerk will report the bill by 
title.
  The bill clerk read as follows:

       A bill (S. 3742) to establish a pilot grant program to 
     improve recycling accessibility, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mrs. CAPITO. I ask unanimous consent that the bill be considered read 
a third time and passed and that the motion to reconsider be considered 
made and laid upon the table.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The bill (S. 3742) was ordered to be engrossed for a third reading, 
was read the third time, and passed as follows:

                                S. 3742

       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 Infrastructure and 
     Accessibility Act of 2022''.

     SEC. 2. RECYCLING INFRASTRUCTURE AND ACCESSIBILITY PROGRAM.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Curbside recycling.--The term ``curbside recycling'' 
     means the process by which residential recyclable materials 
     are picked up curbside.
       (3) Eligible entity.--The term ``eligible entity'' means--
       (A) a State (as defined in section 1004 of the Solid Waste 
     Disposal Act (42 U.S.C. 6903));
       (B) a unit of local government;
       (C) an Indian Tribe; and
       (D) a public-private partnership.
       (4) 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).
       (5) Materials recovery facility.--
       (A) In general.--The term ``materials recovery facility'' 
     means a recycling facility where primarily residential 
     recyclables, which are diverted from disposal by a 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.
       (6) Pilot grant program.--The term ``pilot grant program'' 
     means the Recycling Infrastructure and Accessibility Program 
     established under subsection (b).
       (7) Recyclable material.--The term ``recyclable material'' 
     means obsolete, previously used, off-specification, surplus, 
     or incidentally produced material for processing into a 
     specification-grade commodity for which a market exists.
       (8) Transfer station.--The term ``transfer station'' means 
     a facility that--
       (A) receives and consolidates recyclable material from 
     curbside recycling or drop-off facilities; and
       (B) loads the recyclable material onto tractor trailers, 
     railcars, or barges for transport to a distant materials 
     recovery facility or another recycling-related facility.
       (9) Underserved community.--The term ``underserved 
     community'' means a community, including an unincorporated 
     area, without access to full recycling services because--
       (A) transportation, distance, or other reasons render 
     utilization of available processing capacity at an existing 
     materials recovery facility cost prohibitive; or
       (B) the processing capacity of an existing materials 
     recovery facility is insufficient to manage the volume of 
     recyclable materials produced by that community.
       (b) Establishment.--Not later than 18 months after the date 
     of enactment of this Act, the Administrator shall establish a 
     pilot grant program, to be known as the ``Recycling 
     Infrastructure and Accessibility Program'', to award grants, 
     on a competitive basis, to eligible entities to improve 
     recycling accessibility in a community or communities within 
     the same geographic area.
       (c) Goal.--The goal of the pilot grant program is to fund 
     eligible projects that will significantly improve 
     accessibility to recycling systems through investments in 
     infrastructure in underserved communities through the use of 
     a hub-and-spoke model for recycling infrastructure 
     development.
       (d) Applications.--To be eligible to receive a grant under 
     the pilot grant program, an eligible entity shall submit to 
     the Administrator an application at such time, in such 
     manner, and containing such information as the Administrator 
     may require.

[[Page S3756]]

       (e) Considerations.--In selecting eligible entities to 
     receive a grant under the pilot grant program, the 
     Administrator shall consider--
       (1) whether the community or communities in which the 
     eligible entity is seeking to carry out a proposed project 
     has curbside recycling;
       (2) whether the proposed project of the eligible entity 
     will improve accessibility to recycling services in a single 
     underserved community or multiple underserved communities; 
     and
       (3) if the eligible entity is a public-private partnership, 
     the financial health of the private entity seeking to enter 
     into that public-private partnership.
       (f) Priority.--In selecting eligible entities to receive a 
     grant under the pilot grant program, the Administrator shall 
     give priority to eligible entities seeking to carry out a 
     proposed project in a community in which there is not more 
     than 1 materials recovery facility within a 75-mile radius of 
     that community.
       (g) Use of Funds.--An eligible entity awarded a grant under 
     the pilot grant program may use the grant funds for projects 
     to improve recycling accessibility in communities, including 
     in underserved communities, by--
       (1) increasing the number of transfer stations;
       (2) expanding curbside recycling collection programs where 
     appropriate; and
       (3) leveraging public-private partnerships to reduce the 
     costs associated with collecting and transporting recyclable 
     materials in underserved communities.
       (h) Prohibition on Use of Funds.--An eligible entity 
     awarded a grant under the pilot grant program may not use the 
     grant funds for projects relating to recycling education 
     programs.
       (i) Minimum and Maximum Grant Amount.--A grant awarded to 
     an eligible entity under the pilot grant program shall be in 
     an amount--
       (1) not less than $500,000; and
       (2) not more than $15,000,000.
       (j) Set-Aside.--The Administrator shall set aside not less 
     than 70 percent of the amounts made available to carry out 
     the pilot grant program for each fiscal year to award grants 
     to eligible entities to carry out a proposed project or 
     program in a single underserved community or multiple 
     underserved communities.
       (k) Federal Share.--
       (1) In general.--Subject to paragraph (2), the Federal 
     share of the cost of a project or program carried out by an 
     eligible entity using grant funds shall be not more than 90 
     percent.
       (2) Waiver.--The Administrator may waive the Federal share 
     requirement under paragraph (1) if the Administrator 
     determines that an eligible entity would experience 
     significant financial hardship as a result of that 
     requirement.
       (l) Report.--Not later than 2 years after the date on which 
     the first grant is awarded under the pilot grant program, the 
     Administrator shall submit to Congress a report describing 
     the implementation of the pilot grant program, which shall 
     include--
       (1) a list of eligible entities that have received a grant 
     under the pilot grant program;
       (2) the actions taken by each eligible entity that received 
     a grant under the pilot grant program to improve recycling 
     accessibility with grant funds; and
       (3) to the extent information is available, a description 
     of how grant funds received under the pilot grant program 
     improved recycling rates in each community in which a project 
     or program was carried out under the pilot grant program.
       (m) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Administrator to carry out the pilot grant program such 
     sums as may be necessary for each of fiscal years 2023 
     through 2027, to remain available until expended.
       (2) Administrative costs and technical assistance.--Of the 
     amounts made available under paragraph (1), the Administrator 
     may use up to 5 percent--
       (A) for administrative costs relating to carrying out the 
     pilot grant program; and
       (B) to provide technical assistance to eligible entities 
     applying for a grant under the pilot grant program.

  Mrs. CAPITO. Thank you.
  Mr. CARPER. Mr. President, I ask that Senator Boozman, who is a 
charter member of the Senate Recycling Caucus, be recognized to speak 
on behalf of these measures, which he has played a key role on.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Arkansas.
  Mr. BOOZMAN. Thank you, Mr. President, and thank you, Mr. Chairman 
and Ranking Member Capito, for your leadership in that this area.
  As has been said and should be said many times more, we appreciate 
the great work of our staffs in getting this done.
  The other thing that is so important is the answers to our problems 
need to come from the ground up. Through the Recycling Caucus and 
hearings, and the list goes on and on, this is where those answers were 
generated--from the people who are out fighting the battles.
  We talk a lot about the lack of bipartisanship and things. This is a 
great example of people working together for the common good up here.
  It is great for the environment in the sense that recycling is not 
just gathering. We don't want to have a situation continuing, like we 
do now, where so much of that that is gathered actually winds up in the 
landfill eventually.
  Conservation is the low-hanging fruit. You know, it makes all the 
sense in the world to reuse things. It creates a situation where we 
lessen the dependence on landfills, things like that. And then, again, 
in this age of globalization and things, we really do need to use the 
resources that we have and then continue to use the resources as we go 
forward.
  So we are talking about jobs. We are talking about the environment. 
And, for that reason, I very much support and appreciate, as I said, 
the leadership of the chairman and the ranking member for their great 
effort in pushing this forward.
  And, with that, I yield the floor to Senator Cardin--Mr. Chairman.
  I yield the floor.
  Mr. CARPER. Mr. President, I just want to say again my thanks to--I 
think I am pretty rabid on recycling, but this fellow from Arkansas is 
right there with me. I appreciate very much both your leadership and 
Senator Capito's.
  I think we are going to shift gears here. We just passed two very 
significant recycling bills for our country. This is something that I 
am thrilled about, and I know Senator Capito is as well. And we are 
going to shift gears and take some time to consider other important 
legislation: the Water Resources Development Act.
  Senator Cardin, who chairs the subcommittee, has jurisdiction on the 
water resources bill. I think he is prepared to speak.
  I think I need to make a unanimous consent request before we do that.

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