[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 351 Reported in Senate (RS)]
<DOC>
Calendar No. 7
119th CONGRESS
1st Session
S. 351
To establish a pilot grant program to improve recycling accessibility,
to require the Administrator of the Environmental Protection Agency to
carry out certain activities to collect and disseminate data on
recycling and composting programs in the United States, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2025
Mrs. Capito (for herself, Mr. Whitehouse, and Mr. Boozman) introduced
the following bill; which was read twice and referred to the Committee
on Environment and Public Works
February 5, 2025
Reported by Mrs. Capito, without amendment
_______________________________________________________________________
A BILL
To establish a pilot grant program to improve recycling accessibility,
to require the Administrator of the Environmental Protection Agency to
carry out certain activities to collect and disseminate data on
recycling and composting programs in the United States, 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 ``Strategies To Eliminate Waste and
Accelerate Recycling Development Act of 2025'' or the ``STEWARD Act of
2025''.
SEC. 2. RECYCLING INFRASTRUCTURE AND ACCESSIBILITY IMPROVEMENTS.
(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 or entities
seeking to establish 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 dedicated facility where primarily
residential recyclable materials, 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 a material that is obsolete, previously used, off-
specification, surplus, or incidentally produced for processing
into a specification-grade commodity for which a reuse market
currently exists or is being developed.
(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.
(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)(A) if the eligible entity is a public-private
partnership, the financial health of the private entity seeking
to enter into that public-private partnership; or
(B) if the eligible entity is seeking to establish a
public-private partnership, the financial health of the private
entities that would participate in the 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.--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 95 percent.
(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 is authorized to be appropriated to
the Administrator to carry out the pilot grant program
$30,000,000 for each of fiscal years 2025 through 2029, 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.
SEC. 3. RECYCLING AND COMPOSTING DATA COLLECTION.
(a) Definitions.--
(1) In general.--In this section:
(A) Administrator.--The term ``Administrator''
means the Administrator of the Environmental Protection
Agency.
(B) Compost.--The term ``compost'' means a product
that--
(i) is manufactured through the controlled
aerobic, biological decomposition of
biodegradable materials;
(ii) 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
(iii) is typically used as a soil
amendment, but may also contribute plant
nutrients.
(C) Compostable material.--The term ``compostable
material'' means material that is a feedstock for
creating compost, including--
(i) wood;
(ii) agricultural crops;
(iii) paper, such as cardboard and other
paper products;
(iv) certified compostable products
associated with organic waste;
(v) other organic plant material;
(vi) organic waste, including food waste
and yard waste; and
(vii) such other material that is composed
of biomass that can be continually replenished
or renewed, as determined by the Administrator.
(D) 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).
(E) 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 reuse market
currently exists or is being developed.
(F) Recycling.--The term ``recycling'' means the
series of activities--
(i) 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;
(ii) that may, with regard to recyclable
materials and prior to the activities described
in clause (i), include sorting, collection,
processing, and brokering; and
(iii) that result, subsequent to processing
described in clause (i), in consumption by a
materials manufacturer, including for the
manufacturing of new products.
(G) State.--The term ``State'' has the meaning
given the term in section 1004 of the Solid Waste
Disposal Act (42 U.S.C. 6903).
(2) Definition of processing.--In subparagraphs (E) and (F)
of paragraph (1), the term ``processing'' means any mechanical,
manual, or other method that--
(A) transforms a recyclable material into a
specification-grade commodity; and
(B) may occur in multiple steps, with different
phases, including sorting, occurring at different
locations.
(b) Reports on Composting and Recycling Infrastructure
Capabilities.--
(1) In general.--Subtitle D of the Solid Waste Disposal Act
(42 U.S.C. 6941 et seq.) is amended by adding at the end the
following:
``SEC. 4011. REPORTS ON COMPOSTING AND RECYCLING INFRASTRUCTURE
CAPABILITIES.
``(a) Definitions.--In this section:
``(1) Incorporation of certain terms.--The terms `compost',
`compostable material', `recyclable material', and `recycling'
have the meanings given the terms in section 3(a) of the
Strategies To Eliminate Waste and Accelerate Recycling
Development Act of 2025.
``(2) Composting facility.--The term `composting facility'
means a location, structure, or device that transforms
compostable materials into compost.
``(3) 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).
``(4) 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.
``(C) Definition of processing.--For purposes of
this paragraph, the term `processing' has the meaning
given the term in section 3(a)(2) of the Strategies To
Eliminate Waste and Accelerate Recycling Development
Act of 2025.
``(b) Report.--
``(1) In general.--The Administrator shall request
information and data from, collaborate with, or contract with,
as necessary and appropriate, States, units of local
government, and Indian Tribes, for the provision, preparation,
and publication of a report, or to expand work under the
National Recycling Strategy to include information and data, on
compostable materials and efforts to reduce contamination rates
for recycling, including--
``(A) an evaluation of existing Federal, State, and
local laws that may present barriers to implementation
of composting strategies;
``(B) a description and evaluation of composting
infrastructure and programs within States, units of
local government, and Indian Tribes;
``(C) an estimate of the costs and approximate land
needed to expand composting programs; and
``(D) a review 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.
``(2) Submission.--Not later than 2 years after the date of
enactment of this section, the Administrator shall submit to
Congress the report prepared under paragraph (1).
``(c) Inventory of Materials Recovery Facilities.--Not later than 3
years after the date of enactment of this section, and every 4 years
thereafter, the Administrator, in consultation with relevant Federal
agencies and States, units of local government, and Indian Tribes,
shall--
``(1) prepare an inventory or estimate of materials
recovery facilities in the United States, including--
``(A) the number of materials recovery facilities
in each State; and
``(B) a general description of the materials that
each of those materials recovery facilities 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;
``(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 processes; and
``(2) submit to Congress the inventory or estimate prepared
under paragraph (1).
``(d) Information on Recycling and Composting Systems.--The
Administrator shall, as necessary and appropriate, collaborate or
contract with States, units of local government, and Indian Tribes to
estimate, with respect to the United States--
``(1) the number and types of recycling and composting
programs;
``(2) the types and forms of materials accepted by
recycling or composting programs;
``(3) the number of individuals--
``(A) with access to recycling and composting
services to at least the extent of access to disposal
services; and
``(B) who use, on a percentage basis, the recycling
and composting services described in subparagraph (A);
``(4) the number of individuals with barriers to accessing
recycling and composting services similar to their access to
disposal services and the types of those barriers experienced;
``(5) the inbound contamination and capture rates of
recycling and composting programs;
``(6) if applicable, other available recycling or
composting programs; and
``(7) the average costs and benefits to States, units of
local government, and Indian Tribes of recycling and composting
programs.
``(e) Recycling Reporting Rates.--
``(1) Collection of data; development of rates.--The
Administrator may use amounts made available under section 3(e)
of the Strategies To Eliminate Waste and Accelerate Recycling
Development Act of 2025--
``(A) to biannually collect, in collaboration with
States, to the extent practicable, information supplied
on a voluntary basis to develop the estimated rates
described in subparagraphs (B) and (C);
``(B) to develop a standardized estimated rate of
recyclable materials in States that provide information
under subparagraph (A) that have been successfully
diverted from the waste stream and brought to a
materials recovery facility or composting facility; and
``(C) to develop an estimated national recycling
rate based on the information described in
subparagraphs (A) and (B).
``(2) Use.--Using amounts made available under section 3(e)
of the Strategies To Eliminate Waste and Accelerate Recycling
Development Act of 2025, the Administrator may use the
information collected and rates developed under paragraph (1)
to provide requesting States, units of local government, and
Indian Tribes data and technical assistance--
``(A) to reduce the overall waste produced by the
States, units of local government, and Indian Tribes;
``(B) to assist the States, units of local
government, and Indian Tribes in understanding the
nuances of the information collected relating to
diversion activities; and
``(C) to increase recycling and composting rates of
the States, units of local government, and Indian
Tribes.
``(f) Report on End Markets.--The Administrator, in collaboration
or contract with, as necessary and appropriate, relevant Federal
agencies, States, units of local government, or Indian Tribes, shall--
``(1) 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 from materials recovery facilities
that process recyclable materials, including, to the extent
practicable--
``(A) the total, in dollars per ton, domestic sales
of bales of recyclable materials; and
``(B) the total, in dollars per ton, international
sales of bales of recyclable materials;
``(2) prepare a report on the end-market sale of compost
from, to the extent practicable, compostable materials,
including the total, in dollars per ton, of domestic sales of
compostable materials; and
``(3) not later than 3 years after the date of enactment of
this section, submit to Congress the update to the report
prepared under paragraph (1) and the report prepared under
paragraph (2).
``(g) Privileged or Confidential Information.--
``(1) In general.--Information collected under subsection
(e)(1) or paragraph (1) or (2) of subsection (f) shall not
include any privileged or confidential information described in
section 552(b)(4) of title 5, United States Code.
``(2) Nondisclosure.--Information collected to carry out
this section shall not be made public if the information meets
the requirements of section 552(b) of title 5, United States
Code.''.
(2) Clerical amendment.--The table of contents in section
1001 of the Solid Waste Disposal Act (Public Law 89-272; 90
Stat. 2795; 98 Stat. 3268) is amended by inserting after the
item relating to section 4010 the following:
``Sec. 4011. Report on composting and recycling infrastructure
capabilities.''.
(c) Federal Agency Activities Related to Recycling.--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
shall make publicly available a report--
(1) detailing or, to the extent practicable, providing an
estimate of--
(A) the total annual recycling and composting rates
reported by all Federal agencies; and
(B) the total annual percentage of products
containing recyclable material, compostable material,
or recovered materials purchased by all Federal
agencies, including--
(i) 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
(ii) the total quantity of compostable
material purchased by all Federal agencies;
(2) identifying the activities of each Federal agency that
promote recycling or composting; and
(3) identifying activities that Federal agencies could
carry out to further promote recycling or composting.
(d) Study on the Diversion of Recyclable Materials From a Circular
Market.--
(1) 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.
(2) Study; report.--Not later than 1 year after the
development of a metric under paragraph (1), 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.
(3) Data.--The report under paragraph (2) 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.
(4) Evaluation.--The report under paragraph (2) shall
include an evaluation of whether the establishment or
improvement of recycling programs would--
(A) improve recycling rates;
(B) reduce the quantity of recyclable materials
being unutilized in a circular market; and
(C) affect prices paid by consumers for products
using materials recycled in the circular market.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section and the
amendments made by this section $4,000,000 for each of fiscal years
2025 through 2029.
(f) Administration.--
(1) Unfunded mandates.--The Administrator or the Secretary
of Commerce may not exercise any authority under this section
or any amendment made by this section if exercising that
authority would require a State, a unit of local government, or
an Indian Tribe to carry out a mandate for which funding is not
available.
(2) Nondisclosure.--Any information collected to carry out
this section shall not be made public if the information meets
the requirements of section 552(b) of title 5, United States
Code.
Calendar No. 7
119th CONGRESS
1st Session
S. 351
_______________________________________________________________________
A BILL
To establish a pilot grant program to improve recycling accessibility,
to require the Administrator of the Environmental Protection Agency to
carry out certain activities to collect and disseminate data on
recycling and composting programs in the United States, and for other
purposes.
_______________________________________________________________________
February 5, 2025
Reported without amendment