[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1376 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1376
To amend the Internal Revenue Code of 1986 to modify the definition of
municipal solid waste.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2021
Ms. Stabenow (for herself, Mr. Boozman, Ms. Baldwin, Mr. Cassidy, and
Mr. Carper) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to modify the definition of
municipal solid waste.
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 ``Protect America's Paper for
Recycling Act''.
SEC. 2. MODIFICATION TO DEFINITION OF MUNICIPAL SOLID WASTE.
(a) In General.--Paragraph (6) of section 45(c) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(6) Municipal solid waste.--
``(A) In general.--The term `municipal solid waste'
has the meaning given the term `solid waste' under
section 1004(27) of the Solid Waste Disposal Act (42
U.S.C. 6903(27)), except that such term does not
include--
``(i) paper which is commonly recycled and
which has been segregated from other solid
waste (as so defined), or
``(ii) solid waste (as so defined) which is
collected as part of a system which does not
provide for the separate collection of paper
which is commonly recycled from residential
solid waste (as defined in section 246.101 of
title 40, Code of Federal Regulations).
``(B) Special rule with respect to incidental and
residual waste.--Subparagraph (A)(ii) shall not apply
to--
``(i) solid waste (as so defined) which
only contains an incidental amount of commonly
recycled paper, and
``(ii) solid waste (as so defined) which is
residual waste generated at a materials
recovery facility that receives and processes
only paper and other recyclable materials
containing no more than an incidental amount of
non-recyclable solid waste.
``(C) No effect on existing processes.--Nothing in
subparagraph (A) shall be interpreted to require a
State or a political subdivision of a State, directly
or indirectly, to change the systems, processes, or
equipment it uses to collect, treat, dispose, or
otherwise use municipal solid waste, within the meaning
of the Solid Waste Disposal Act (42 U.S.C. 6903 et
seq.), nor require a change to the regulations that
implement subtitle D of such Act (42 U.S.C. 6901 et
seq.).''.
(b) Rules With Respect to Electricity Produced From Solid Waste.--
Subsection (e) of section 45 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new paragraph:
``(12) Source of municipal solid waste feedstock.--In the
case of a qualified facility that produces electricity both
from municipal solid waste and other solid waste that is not a
qualified energy resource--
``(A) such facility shall be considered a qualified
facility if it otherwise meets the requirements of
subsection (d), and
``(B) subsection (a) shall only apply to that
portion of the electricity produced from municipal
solid waste.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
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