[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2101 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2101
To direct the Administrator of the Environmental Protection Agency to
award grants for projects that are consistent with zero-waste
practices, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 19, 2021
Ms. Omar introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To direct the Administrator of the Environmental Protection Agency to
award grants for projects that are consistent with zero-waste
practices, and for other purposes.
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 ``Zeroing Excess, Reducing Organic
Waste, And Sustaining Technical Expertise Act'' or the ``ZERO WASTE
Act''.
SEC. 2. DEFINITIONS.
Except as otherwise provided, in this Act:
(1) Adaptive management practice.--The term ``adaptive
management practice'' means, with respect to use of a grant
under this Act, the integration of project design, management,
and monitoring to identify the impacts and outcomes of such use
of a grant as they arise for purposes of adjusting behaviors to
improve outcomes.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Domestically owned and operated.--The term
``domestically owned and operated'' means, with respect to a
business--
(A) the headquarters of such a business is located
within the United States; and
(B) the primary operations of such a business are
carried out in the United States.
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a single unit of State, local, or Tribal
government;
(B) a partnership of multiple units of State,
local, or Tribal government;
(C) one or more units of State, local, or Tribal
government in coordination with for-profit or nonprofit
organizations; or
(D) one or more nonprofit organizations.
(5) Embodied energy.--The term ``embodied energy'' means
energy that was used to create a product or material.
(6) Environmental justice community.--The term
``environmental justice community'' has the meaning given that
term in section 601.
(7) Living wage.--The term ``living wage'' means the
minimum income necessary to allow a person working 40 hours per
week to afford the cost of housing, food, and other material
necessities.
(8) Organics recycling.--The term ``organics recycling''
means the biological process by which organic material--
(A) is biologically converted to compost that is
not harmful to humans, plants, or animals; and
(B) is treated in a specialized facility designed
to recycle organic material.
(9) Recycle; recycling.--The terms ``recycle'' and
``recycling'' have the meanings given those terms in section
12001 of the Solid Waste Disposal Act (as added by this title).
(10) Reuse.--The term ``reuse''--
(A) means--
(i) using a product, packaging, or material
more than once for the same or a new function
without requiring additional processing;
(ii) repairing a product, packaging, or
material in such a way that extends its useful
lifetime;
(iii) sharing or renting a product,
packaging, or material in such a way that
extends its useful lifetime; or
(iv) selling or donating a product,
packaging, or material in such a way that
extends its useful lifetime; and
(B) does not include incineration.
(11) Single-use product.--The term ``single-use product''--
(A) means a consumer product that is designed to be
disposed of, recycled, or otherwise discarded after a
single use; and
(B) does not include--
(i) medical equipment, devices, or other
products determined by the Secretary of Health
and Human Services to necessarily be made of
plastic for the protection of public health;
(ii) a personal hygiene product that, due
to the intended use of the product, could
become unsafe or unsanitary to recycle, such as
a diaper; and
(iii) packaging that is--
(I) for any product described in
subparagraph (A); or
(II) used for the shipment of
hazardous materials that is prohibited
from being composed of used materials
under section 178.509 or 178.522 of
title 49, Code of Federal Regulations
(as in effect on the date of enactment
of this Act).
(12) Source reduction.--
(A) In general.--The term ``source reduction''
means an activity or process that reduces the
generation of waste at its source, before it can enter
into commerce or the environment.
(B) Inclusions.--The term ``source reduction''
includes--
(i) the redesign of products or materials
such that they can be reused, rather than
disposed of;
(ii) the design and manufacture of products
or materials with minimal packaging intended
for disposal;
(iii) an activity or process that reduces
the amount of waste generated during a
manufacturing process;
(iv) an activity or process that reduces or
eliminates the use of materials that are not
able to be recycled without degrading the
quality of the material; and
(v) any other activity or process that
reduces the weight, volume, or toxicity of
products or materials.
(C) Exclusion.--The term ``source reduction'' does
not include an activity or process used after a product
or material has become waste, such as incineration.
(13) Source separation.--The term ``source separation''--
(A) means the separation of solid waste by material
or commodity type prior to collection, such as
separation into recyclable and non-recyclable materials
or by recyclable commodity; and
(B) does not require the use of technologies that
sort mixed municipal solid waste into recyclable and
non-recyclable materials.
(14) Waste prevention.--The term ``waste prevention'' means
any method to reduce the amount of materials disposed of in
landfills or incinerated, including reuse and recycling.
(15) Zero-emissions vehicle.--The term ``zero-emissions
vehicle'' means a vehicle that produces zero emissions of--
(A) greenhouse gases;
(B) criteria pollutants; and
(C) hazardous air pollutants.
(16) Zero-waste.--The term ``zero-waste'' means the
conservation of all resources by means of responsible
production, consumption, reuse, and recovery of products,
packaging, and materials without--
(A) burning or otherwise destroying embodied
energy; and
(B) a discharge to land, water, or air that results
in adverse human health or environmental effects.
(17) Zero-waste practice.--The term ``zero-waste practice''
means a practice used to help achieve zero-waste, including the
use of source reduction.
SEC. 3. GRANTS FOR ZERO-WASTE PROJECTS.
(a) In General.--The Administrator shall establish and carry out a
program to award grants, on a competitive basis, to eligible entities
to carry out projects described in subsection (b).
(b) Grant Use.--
(1) Organics recycling infrastructure.--
(A) In general.--An eligible entity receiving a
grant under this section may use such grant to carry
out a project to construct, expand, or modernize
infrastructure required for organics recycling,
including any facility, machinery, or equipment
required for the collection and processing of organic
material on a city-wide or county-wide scale.
(B) Requirements.--Each project carried out under
this paragraph shall result in increased capacity--
(i) to collect and process residential and
commercial organic material, including through
source separation of organic material; and
(ii) to generate environmentally beneficial
byproducts, such as compost with added
nutritional content.
(C) Mixed-waste composting.--A grant received under
this paragraph may not be used to support the
collection or processing of mixed-waste composting.
(2) Electronic waste recycling.--
(A) In general.--An eligible entity receiving a
grant under this section may use such grant to carry
out a project that enables the recycling or reuse of
electronic devices at the end of their useful lifetime,
including--
(i) constructing, expanding, or modernizing
infrastructure and technology;
(ii) research and development; and
(iii) product refurbishment.
(B) Requirements.--A project carried out under this
paragraph--
(i) may not include an electronic waste
buy-back program--
(I) that provides compensation for
used electronics; and
(II) under which such compensation
may be applied as a credit toward the
purchase of new electronics; and
(ii) shall be carried out by an eligible
entity that is certified to recycle electronics
by an organization that is accredited by--
(I) the National Accreditation
Board of the American National
Standards Institute;
(II) the American Society of
Quality; or
(III) another accrediting body
determined appropriate by the
Administrator.
(3) Source reduction.--
(A) In general.--An eligible entity receiving a
grant under this section may use such grant to carry
out a project relating to source reduction, which such
project may include, in accordance with subparagraph
(B), carrying out product or manufacturing redesign or
redevelopment to reduce byproducts, packaging, and
other outputs.
(B) Redesign and redevelopment.--An eligible entity
may only carry out a project described in subparagraph
(A)(ii) if--
(i) the applicable manufacturer--
(I) is domestically owned and
operated; and
(II) pays a living wage; and
(ii) the redesign or redevelopment does not
result in--
(I) higher toxicity of the product
or byproducts;
(II) more complicated recyclability
of the product or byproducts; or
(III) increased volume of
byproducts compared with the original
practice.
(4) Market development.--
(A) In general.--An eligible entity receiving a
grant under this section may use such grant to carry
out a project that--
(i) creates market demand for source
reduction, sorted recyclable commodities, goods
made of sorted recyclable commodities, or
refurbished goods; and
(ii) as applicable, encourages or enables
investment in domestically owned and operated
manufacturing capacity with respect to the list
in clause (i).
(B) Requirements.--Each project carried out under
this section--
(i) shall target easily or commonly
recycled materials which are disproportionately
disposed of in landfills or incinerated;
(ii) shall reduce the volume, weight, or
toxicity of waste and waste byproducts; and
(iii) may not conflict with--
(I) minimum-content laws, such as
post-consumer recycled content
requirements;
(II) beverage container deposits;
(III) programs funded through
retail fees for specific products or
classes of products that use such fees
to collect, treat, or recycle such
products; or
(IV) any applicable recycled
product procurement laws and expanded
sustainable government purchasing
requirements, as identified by the
Administrator.
(5) Zero-emissions collection vehicles.--An eligible entity
receiving a grant under this section may use such grant to
carry out a project to purchase, operate, and maintain zero-
emissions vehicles used to collect material for recycling or
organics recycling.
SEC. 4. GRANTS FOR LANDFILL DIVERSION.
(a) In General.--The Administrator shall establish and carry out a
program to award grants, on a competitive basis, to eligible entities
to develop and implement new requirements, as described in subsection
(b), that reduce the amount of waste disposed of in landfills.
(b) Grant Use.--
(1) Tipping fees.--An eligible entity receiving a grant
under this section may use such grant to develop and implement
zero-waste practices that are accompanied by permanent
increases in tipping, gate, or disposal fees imposed on the
disposal of waste at landfills.
(2) Curbside composting collection.--An eligible entity
receiving a grant under this section may use such grant to
support the implementation of State programs that mandate the
availability of curbside collection of material for organics
recycling for all single-family and multifamily residential
households.
(3) Landfill diversion.--An eligible entity receiving a
grant under this section may use such grant to support the
implementation of statewide requirements that prohibit organic
waste from being sent to landfills.
(c) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means a single unit of State government or a
relevant State agency.
SEC. 5. GRANT APPLICATIONS.
(a) Application.--
(1) Criteria for all applicants.--To be eligible to receive
a grant under this Act, an eligible entity shall submit to the
Administrator an application at such time and in such form as
the Administrator requires, which shall include demonstrating
that the eligible entity--
(A) has set specific source reduction or waste
prevention targets; and
(B) will carry out a project that meets the
applicable project requirements under section 3(b) or
4(b).
(2) Additional application criteria for nonprofit
organization.--In the case of an application from an eligible
entity that is a nonprofit organization, the application shall
include--
(A) a letter of support for the proposed project
from--
(i) a local unit of government; or
(ii) another nonprofit organization that--
(I) has a demonstrated history of
undertaking work in the geographic
region where the proposed project is to
take place; and
(II) is not involved in the project
being proposed; and
(B) any other information the Administrator may
require.
(b) Priority Factors.--In awarding grants under this Act, the
Administrator shall give priority to any eligible entity that--
(1) with respect to an eligible entity that is a State or
unit of local government, has statutorily committed to
implementing one or more zero-waste practices;
(2) demonstrates how use of such grant could lead to the
creation of new jobs that pay a living wage and are, to the
greatest extent practicable, offered to individuals who
experience barriers to employment, as determined by the
Administrator;
(3) will use such grant to carry out source reduction or
waste prevention in schools;
(4) will use such grant to employ an adaptive management
practice to identify, prevent, or address any negative
environmental consequences of a project proposed to be carried
out with a grant under this Act;
(5) has a demonstrated need for additional investment in
infrastructure or other resources to achieve source reduction
and waste prevention targets set by the local unit of
government that is responsible for waste management and
recycling in the geographic area;
(6) will use such grant to develop an innovative or new
technology or strategy for source reduction and waste
prevention;
(7) demonstrates how receiving the grant will encourage
further investment in source reduction and waste prevention
activities; or
(8) will incorporate multi-stakeholder involvement,
including nonprofit, commercial, and public sector partners, in
carrying out a project using such grant.
(c) Requirement.--Of the amount made available pursuant to section
8(a), not less than 75 percent shall be allocated to projects that
serve, or are located in, environmental justice communities.
SEC. 6. REPORTING.
Each eligible entity that receives a grant under this Act shall
submit to the Administrator a report, at such time and in such form as
the Administrator may require, on the results of the project carried
out with such grant, and such report shall include any relevant data
requested by the Administrator for purposes of tracking the
effectiveness of the programs established under section 3(a) and 4(b).
SEC. 7. ANNUAL CONFERENCE.
In each of calendar years 2022 through 2030, the Administrator
shall convene an annual conference to provide an opportunity for
eligible entities and other relevant stakeholders to share their
experience and expertise in implementing zero-waste practices.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Grants for Zero-Waste Projects.--There is authorized to be
appropriated to carry out section 3 $150,000,000 for each of fiscal
years 2022 through 2031, to remain available until expended.
(b) Grants for Landfill Diversion.--There is authorized to be
appropriated to carry out section 4 $250,000,000 for the period of
fiscal years 2022 through 2031, to remain available until expended.
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