[Congressional Record Volume 170, Number 44 (Tuesday, March 12, 2024)]
[Senate]
[Pages S2368-S2370]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RECYCLING AND COMPOSTING ACCOUNTABILITY ACT
Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 105, S. 1194.
The PRESIDING OFFICER. The clerk will report the bill by title.
[[Page S2369]]
The legislative clerk read as follows:
A bill (S. 1194) 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.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Environment and Public
Works.
Mr. SCHUMER. I ask unanimous consent that the Carper amendment at the
desk be considered and agreed to; that the bill, as amended, 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. Without objection, it is so ordered.
The amendment (No. 1692) was agreed to as follows:
(Purpose: To modify the authorization of appropriations)
Strike section 9 and insert the following:
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Administrator
to carry out this Act $4,000,000 for each of fiscal years
2025 through 2029.
The bill (S. 1194), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows:
S. 1194
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 facility where primarily residential
recyclable materials, 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 and composting conserve resources, protect
the environment, and are important to the United States
economy;
(2) the United States recycling and composting
infrastructure encompass each of the entities that collect,
process, broker, and consume recyclable materials and
compostable materials sourced from commercial, industrial,
institutional, and residential sources;
(3) the residential segment of the United States recycling
and composting infrastructure is facing challenges from--
(A) confusion over what materials are recyclable materials
or compostable materials;
(B) reduced export markets;
(C) growing, but still limited, domestic end markets; and
(D) an ever-changing and heterogeneous supply stream;
(4) in some areas, recycling and composting infrastructure
is in need of revitalization; and
(5) 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, or expand work under the National
Recycling Strategy to include data, describing the capability
of the United States to implement a national composting
strategy for compostable materials for the purposes of
reducing contamination rates for recycling, including--
(A) an evaluation of existing Federal, State, and local
laws that may present barriers to implementation of a
national 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 2 years 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 2 years after the date of enactment of this
Act, and every 2 years thereafter until 2033, 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 packaging or product format, such as a jug, a
carton, or film;
(ii) food packaging and service ware, such as a bottle,
cutlery, or a cup;
[[Page S2370]]
(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;
(7) where applicable, other available recycling or
composting programs within a community, including store drop-
offs; and
(8) the average costs and benefits to States, units of
local government, and Indian Tribes of recycling and
composting programs.
(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 2 years 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, through the Model Recycling
Program Toolkit or a similar resource, 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,
compostable materials, 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 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 is authorized to be appropriated to the Administrator
to carry out this Act $4,000,000 for each of fiscal years
2025 through 2029.
____________________