Break Free From Plastic Pollution Act of 2020
This bill sets forth requirements related to waste and recycling collection systems for a variety of products and materials, including plastics.
The bill makes certain producers of products (e.g., packaging, paper, single-use products, beverage containers, or food service products) fiscally responsible for collecting, managing, and recycling or composting the products after consumer use. In addition, the bill establishes (1) minimum percentages of products that must be reused, recycled, or composted; and (2) an increasing percentage of recycled content that must be contained in beverage containers.
Beginning on January 1, 2022, the bill phases out a variety of single-use products, such as plastic utensils. The bill also sets forth provisions to encourage the reduction of single-use products, including by establishing programs to refund consumers for returning beverage containers and by establishing a tax on carryout bags.
The bill creates a temporary moratorium on new or expanded permits for facilities that manufacture plastics until regulations are updated to address pollution from the facilities.
The Environmental Protection Agency must publish guidelines for a national standardized labeling system for recycling and composting receptacles. Producers must include labels on their products that are easy to read and indicate whether the products are recyclable, compostable, or reusable.
Finally, the bill establishes limitations on the export of plastic waste to other countries.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5845 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 5845
To amend the Solid Waste Disposal Act to reduce the production and use
of certain single-use plastic products and packaging, to improve the
responsibility of producers in the design, collection, reuse,
recycling, and disposal of their consumer products and packaging, to
prevent pollution from consumer products and packaging from entering
into animal and human food chains and waterways, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 11, 2020
Mr. Lowenthal (for himself, Ms. Clark of Massachusetts, Mr. Cohen, Mr.
Quigley, Ms. Barragan, Mr. Case, Mr. Connolly, Mr. Engel, Ms. Haaland,
Mr. Hastings, Mr. Huffman, Ms. Jayapal, Mr. Khanna, Ms. Lee of
California, Mr. Levin of California, Mr. Ted Lieu of California, Ms.
McCollum, Mr. Moulton, Ms. Norton, Mr. Panetta, Ms. Pingree, Mr.
Raskin, Mr. Rouda, Mr. Sarbanes, Ms. Schakowsky, Mr. Suozzi, Ms. Tlaib,
Ms. Velazquez, Ms. Waters, and Mr. Welch) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committees on Ways and Means, Transportation and
Infrastructure, and Foreign Affairs, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Solid Waste Disposal Act to reduce the production and use
of certain single-use plastic products and packaging, to improve the
responsibility of producers in the design, collection, reuse,
recycling, and disposal of their consumer products and packaging, to
prevent pollution from consumer products and packaging from entering
into animal and human food chains and waterways, 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 ``Break Free From Plastic Pollution
Act of 2020''.
SEC. 2. PRODUCER RESPONSIBILITY FOR PRODUCTS AND PACKAGING.
(a) In General.--The Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) is amended by adding at the end the following:
``Subtitle K--Producer Responsibility for Products and Packaging
``SEC. 12001. DEFINITIONS.
``In this subtitle:
``(1) Advisory committee.--The term `advisory committee'
means an advisory committee established by an Organization
under section 12102(c).
``(2) Beverage.--
``(A) In general.--The term `beverage' means any
drinkable liquid intended for human oral consumption,
including--
``(i) water;
``(ii) flavored water;
``(iii) soda water;
``(iv) mineral water;
``(v) beer;
``(vi) a malt beverage;
``(vii) a carbonated soft drink;
``(viii) liquor;
``(ix) tea;
``(x) coffee;
``(xi) hard cider;
``(xii) fruit juice;
``(xiii) an energy or sports drink;
``(xiv) coconut water;
``(xv) wine;
``(xvi) a yogurt drink;
``(xvii) a probiotic drink;
``(xviii) a wine cooler; and
``(xix) any other beverage determined to be
appropriate by the Administrator.
``(B) Exclusions.--The term `beverage' does not
include--
``(i) a drug regulated under the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.);
``(ii) infant formula; or
``(iii) a meal replacement liquid.
``(3) Beverage container.--
``(A) In general.--The term `beverage container'
means a prepackaged beverage container--
``(i) made of any material, including
glass, plastic, metal, and multimaterial; and
``(ii) the volume of which is not more than
3 liters.
``(B) Exclusion.--The term `beverage container'
does not include a covered product of any material used
to sell a prepackaged beverage, such as--
``(i) a carton;
``(ii) a pouch; or
``(iii) aseptic packaging, such as a drink
box.
``(C) Inclusion.--Notwithstanding subparagraphs (A)
and (B), for purposes of the program under section
12104, the term `beverage container' includes a
container for a beverage that is not described in those
subparagraphs, such as a carton, pouch, or drink box,
the responsible party for which elects to participate
in the program under that section.
``(4) Compostable.--
``(A) In general.--The term `compostable' means,
with respect to a covered product, that the covered
product--
``(i)(I) meets the ASTM International
standard specification for compostable products
numbered D6400 or D6868--
``(aa) as in effect on the date of
enactment of this subtitle; or
``(bb) as revised after the date of
enactment of this subtitle, if the
revision is approved by the
Administrator; and
``(II) is labeled to reflect that the
covered product meets a standard described in
subclause (I);
``(ii) is certified as a compostable
product by an independent party that is
approved by the Administrator; or
``(iii) comprises only--
``(I) wood without any coatings,
additives, or toxic substances; or
``(II) fiber without any coatings,
additives, or toxic substances.
``(B) Exclusion.--The term `compostable' shall not
apply to paper.
``(5) Covered entity.--The term `covered entity' means a
single family or multifamily dwelling or publicly owned land
(such as a sidewalk, plaza, and park) for which a recycling
collection service is provided.
``(6) Covered product.--
``(A) In general.--The term `covered product'
means, regardless of recyclability, compostability, and
material type--
``(i) packaging;
``(ii) a food service product;
``(iii) paper;
``(iv) a single-use product that is not
subject to the prohibition under section
12202(c); and
``(v) a container for a beverage that is
not described in subparagraphs (A) and (B) of
paragraph (3), such as a carton, pouch, or
aseptic packaging, such as a drink box, the
responsible party for which does not elect to
participate in the program under section 12104.
``(B) Exclusion.--The term `covered product' does
not include a beverage container.
``(7) Covered retail or service establishment.--The term
`covered retail or service establishment' means a store,
grocery store, restaurant, beverage provider, vendor, hotel,
motel, or other retail or service establishment operating in
the United States.
``(8) Food service product.--The term `food service
product' means an item intended to deliver a food product,
regardless of the recyclability or compostability of the item,
including--
``(A) a utensil;
``(B) a straw;
``(C) a drink cup;
``(D) a drink lid;
``(E) a food package;
``(F) a food container;
``(G) a plate;
``(H) a bowl;
``(I) a meat tray; and
``(J) a food wrap.
``(9) Organization.--The term `Organization' means a
Producer Responsibility Organization established under section
12102(a)(1).
``(10) Packaging.--
``(A) In general.--The term `packaging' means--
``(i) any package or container, regardless
of recyclability or compostability; and
``(ii) any part of a package or container,
regardless of recyclability or compostability,
that includes material that is used for the
containment, protection, handling, delivery,
and presentation of goods that are sold,
offered for sale, or distributed to consumers
in the United States, including through an
internet transaction.
``(B) Inclusions.--The term `packaging' includes--
``(i) packaging intended for the consumer
market;
``(ii) service packaging designed and
intended to be used or filled at the point of
sale, such as carry-out bags, bulk good bags,
take-out bags, and home delivery food service
packaging;
``(iii) secondary packaging used to group
products for multiunit sale;
``(iv) tertiary packaging used for
transportation or distribution directly to a
consumer; and
``(v) ancillary elements hung or attached
to a product and performing a packaging
function.
``(C) Exclusion.--The term `packaging' does not
include packaging--
``(i) used for the long-term protection or
storage of a product; and
``(ii) with a life of not less than 5
years.
``(11) Paper.--
``(A) In general.--The term `paper' means paper
that is sold, offered for sale, delivered, or
distributed to a consumer or business in the United
States.
``(B) Inclusions.--The term `paper' includes--
``(i) newsprint and inserts;
``(ii) magazines and catalogs;
``(iii) direct mail;
``(iv) office paper; and
``(v) telephone directories.
``(C) Exclusions.--The term `paper' does not
include--
``(i) a paper product that, due to the
intended use of the paper product, could become
unsafe or unsanitary to recycle; or
``(ii) a bound book.
``(12) Plan.--The term `Plan' means a Product Stewardship
Plan described in section 12105.
``(13) Program.--The term `Program' means a Product
Stewardship Program established under section 12102(a)(2).
``(14) Recyclable.--The term `recyclable' means, with
respect to a covered product or beverage container, that--
``(A) the covered product or beverage container is
economically and technically recyclable in current
United States market conditions;
``(B) United States processing capacity is in
operation to recycle, with the geographical
distribution of the capacity aligned with the
population of geographical regions of the United
States, of the total quantity of the covered product or
beverage container--
``(i) for each of calendar years 2020
through 2024, not less than 25 percent;
``(ii) for each of calendar years 2025
through 2029, not less than 35 percent;
``(iii) for each of calendar years 2030
through 2034, not less than 50 percent; and
``(iv) for calendar year 2035 and each
calendar year thereafter, not less than 60
percent; and
``(C) the consumer that uses the covered product or
beverage container is not required to remove an
attached component of the covered product or beverage
container, such as a shrink sleeve, label, or filter,
before the covered product or beverage container can be
recycled.
``(15) Recycle.--
``(A) In general.--The term `recycle' means the
series of activities by which a covered product is--
``(i) collected, sorted, and processed; and
``(ii)(I) converted into a raw material
with minimal loss of material quality;
``(II) used in the production of a new
product, including the original product; or
``(III) in the case of composting or
organic recycling, productively used for soil
improvement.
``(B) Exclusion.--The term `recycle' does not
include--
``(i) the method of sorting, processing,
and aggregating materials from solid waste that
does not preserve the original material
quality, and, as a result, the aggregated
material is no longer usable for its initial
purpose or product and can only be used for
inferior purposes or products (commonly
referred to as `downcycling');
``(ii) the use of waste--
``(I) as a fuel or fuel substitute;
``(II) for energy production;
``(III) for alternate operating
cover; or
``(IV) within the footprint of a
landfill; or
``(iii) the conversion of waste into
alternative products, such as chemicals,
feedstocks, fuels, and energy, through--
``(I) pyrolysis;
``(II) hydropyrolysis;
``(III) methanolysis;
``(IV) gasification;
``(V) enzymatic breakdown; or
``(VI) a similar technology, as
determined by the Administrator.
``(16) Responsible party.--
``(A) Beverage containers.--
``(i) In general.--With respect to a
beverage sold in a beverage container, the term
`responsible party' means--
``(I) a person that engages in the
distribution or sale of the beverage in
a beverage container to a retailer in
the United States, including any
manufacturer that engages in that sale
or distribution;
``(II) if subclause (I) does not
apply, a person that engages in the
sale of the beverage in a beverage
container directly to a consumer in the
United States; or
``(III) if subclauses (I) and (II)
do not apply, a person that imports the
beverage sold in a beverage container
into the United States for use in a
commercial enterprise, sale, offer for
sale, or distribution in the United
States.
``(ii) Related definitions.--In this
subparagraph:
``(I) Distributor.--The term
`distributor' means a person that
engages in the sale of beverages in
beverage containers to a retailer in
the United States.
``(II) Manufacturer.--The term
`manufacturer' means a person bottling,
canning, or otherwise filling beverage
containers for sale to distributors,
importers, or retailers.
``(III) Retailer.--
``(aa) In general.--The
term `retailer' means a person
in the United States that--
``(AA) engages in
the sale of beverages
in beverage containers
to a consumer; or
``(BB) provides
beverages in beverage
containers to a person
in commerce, including
provision free of
charge, such as at a
workplace or event.
``(bb) Inclusion.--The term
`retailer' includes a person
that engages in the sale of or
provides beverages in beverage
containers, as described in
item (aa), through a vending
machine or similar means.
``(B) Covered products.--With respect to a covered
product, the term `responsible party' means--
``(i) a person that manufactures and uses
in a commercial enterprise, sells, offers for
sale, or distributes the covered product in the
United States under the brand of the
manufacturer;
``(ii) if clause (i) does not apply, a
person that is not the manufacturer of the
covered product but is the owner or licensee of
a trademark under which the covered product is
used in a commercial enterprise, sold, offered
for sale, or distributed in the United States,
whether or not the trademark is registered; or
``(iii) if clauses (i) and (ii) do not
apply, a person that imports the covered
product into the United States for use in a
commercial enterprise, sale, offer for sale, or
distribution in the United States.
``(17) Restaurant.--
``(A) In general.--The term `restaurant' means an
establishment the primary business of which is the
preparation of food or beverage--
``(i) for consumption by the public;
``(ii) in a form or quantity that is
consumable immediately at the establishment,
whether or not the food or beverage is consumed
within the confines of the place where the food
or beverage is prepared; or
``(iii) in a consumable form for
consumption outside the place where the food or
beverage is prepared.
``(B) Inclusion.--The term `restaurant' includes a
fast food restaurant.
``(18) Reusable.--The term `reusable' means, with respect
to a covered product or beverage container, that the covered
product or beverage container is--
``(A) technically feasible to reuse or refill in
United States market conditions; and
``(B) reusable or refillable for such number of
cycles, but not less than 100 cycles, as the
Administrator determines to be appropriate for the
covered product or beverage container.
``(19) Single-use product.--
``(A) In general.--The term `single-use product'
means a consumer product that is routinely disposed of,
recycled, or otherwise discarded after a single use.
``(B) Exclusions.--The term `single-use product'
does not include--
``(i) medical food, supplements, 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; or
``(iii) packaging that is--
``(I) for any product described in
clause (i); 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 subtitle).
``(20) Toxic substance.--
``(A) In general.--The term `toxic substance' means
any substance, mixture, or compound that may cause
personal injury or disease to humans through ingestion,
inhalation, or absorption through any body surface and
satisfies one or more of the following conditions:
``(i) The substance, mixture, or compound
is subject to reporting requirements under--
``(I) the Emergency Planning and
Community Right-To-Know Act of 1986 (42
U.S.C. 11001 et seq.);
``(II) the Comprehensive
Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C.
9601 et seq.); or
``(III) section 112(r) of the Clean
Air Act (42 U.S.C. 7412(r)).
``(ii) Testing has produced evidence
recognized by the National Institute for
Occupational Safety and Health or the
Environmental Protection Agency that the
substance, mixture, or compound poses acute or
chronic health hazards.
``(iii) The Administrator or the Secretary
of Health and Human Services has issued a
public health advisory for the substance,
mixture, or compound.
``(iv) Exposure to the substance, mixture,
or compound is shown by expert testimony
recognized by the Environmental Protection
Agency to increase the risk of developing a
latent disease.
``(v) The substance, mixture, or compound
is a perfluoroalkyl or polyfluoroalkyl
substance.
``(B) Exclusions.--The term `toxic substance' does
not include--
``(i) a pesticide applied--
``(I) in accordance with Federal,
State, and local laws (including
regulations); and
``(II) in accordance with the
instructions of the manufacturer of the
pesticide; or
``(ii) ammunition, a component of
ammunition, a firearm, an air rifle, discharge
of a firearm or an air rifle, hunting or
fishing equipment, or a component of hunting or
fishing equipment.
``(21) United states.--The term `United States', when used
in a geographical sense, means all of the States.
``(22) Utensil.--
``(A) In general.--The term `utensil' means a
product designed to be used by a consumer to facilitate
the consumption of a food or beverage.
``(B) Inclusions.--The term `utensil' includes a
knife, a fork, a spoon, a spork, a cocktail pick, a
chopstick, a splash stick, and a stirrer.
``PART I--PRODUCTS IN THE MARKETPLACE
``SEC. 12101. EXTENDED PRODUCER RESPONSIBILITY.
``(a) In General.--Except as provided in subsection (b), beginning
on February 1, 2023, each responsible party for any covered product or
beverage sold in a beverage container that is sold, distributed, or
imported into the United States shall--
``(1) participate as a member of an Organization for which
a Plan is approved by the Administrator; and
``(2) through that participation, satisfy the performance
targets under section 12105(g).
``(b) Exemptions.--A responsible party for a covered product or
beverage sold in a beverage container, including a responsible party
that operates as a single point of retail sale and is not supplied by,
or operated as part of, a franchise, shall not be subject to this part
if the responsible party--
``(1)(A) for fiscal year 2021, has an annual revenue of
less than $1,000,000; and
``(B) for fiscal year 2022 and each subsequent fiscal year,
has an annual revenue of less than the applicable amount during
the preceding fiscal year, as adjusted to reflect changes for
the 12-month period ending on the preceding November 30 in the
Consumer Price Index for All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor; or
``(2) is the responsible party for less than 1 ton of
covered products or beverage containers in commerce each year.
``(c) Enforcement.--
``(1) Prohibition.--It shall be unlawful for any person
that is a responsible party for a covered product or beverage
sold in a beverage container to sell, use, or distribute any
covered product or beverage sold in a beverage container in
commerce except in compliance with this part.
``(2) Civil penalty.--Any person that violates paragraph
(1) shall be subject to a fine for each violation and for each
day that the violation occurs in an amount of not more than
$70,117.
``(3) Injunctive relief.--The Administrator may bring a
civil action to enjoin the sale, distribution, or importation
into the United States of a covered product or beverage sold in
a beverage container in violation of this part.
``(4) State enforcement.--The Administrator may permit a
State to carry out enforcement under paragraph (2) or (3) if
the Administrator determines that the State meets such
requirements as the Administrator may establish.
``(d) Inapplicability of the Antitrust Laws.--The antitrust laws,
as defined in the first section of the Clayton Act (15 U.S.C. 12),
shall not apply to a responsible party or Organization that carries out
activities in accordance with an approved Plan if the conduct is
necessary to plan and implement the Plan.
``SEC. 12102. PRODUCER RESPONSIBILITY ORGANIZATIONS.
``(a) In General.--
``(1) Establishment.--To satisfy the requirement under
section 12101(a)(1), one or more responsible parties for a
category of covered product or beverage sold in a beverage
container shall establish a Producer Responsibility
Organization that shall act as an agent and on behalf of each
responsible party to carry out the responsibilities of the
responsible party under this part with respect to that category
of covered product or beverage sold in a beverage container.
``(2) Program.--An Organization shall establish a Product
Stewardship Program to carry out the responsibilities of the
Organization under this part.
``(3) Coordination.--If more than 1 Organization is
established under paragraph (1) with respect to a category of
covered product or beverage sold in a beverage container, the
Administrator shall--
``(A) coordinate and manage those Organizations; or
``(B) establish an entity--
``(i) to carry out subparagraph (A); and
``(ii) to conduct business between those
Organizations and State and local governments.
``(4) Multiple organizations.--A responsible party--
``(A) may participate in more than 1 Organization
if each Organization is established for a different
category of covered products or beverages sold in
beverage containers; and
``(B) may participate in--
``(i) only 1 national Organization with
respect to--
``(I) each category of covered
products; or
``(II) beverages sold in beverage
containers; or
``(ii) only 1 regional Organization with
respect to beverages sold in beverage
containers and each category of covered
products for each region in which the covered
products or beverages sold in beverage
containers produced by the responsible party
are sold.
``(5) Nonprofit status.--An Organization shall be
established and operated as an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under 501(a) of that Code.
``(6) Categories.--The Administrator, in consultation with
Organizations, shall promulgate regulations to establish
categories of covered products and beverages sold in beverage
containers for purposes of this part.
``(b) Participation Fees.--
``(1) In general.--Subject to paragraph (5), an
Organization shall charge each responsible party a fee for
membership in the Organization in accordance with this
subsection.
``(2) Components.--A fee charged to a responsible party
under paragraph (1) shall include--
``(A) costs of management and cleanup in accordance
with paragraph (3); and
``(B) administrative costs in accordance with
paragraph (4).
``(3) Management and cleanup costs.--
``(A) In general.--A fee under paragraph (1) shall
include, with respect to a responsible party, the costs
of management (which shall include collecting,
transporting, processing, recycling, and composting) or
cleaning up the covered products or beverage containers
of the responsible party after consumer use through the
applicable Program, including administrative costs.
``(B) Considerations.--In determining the costs of
management and cleanup described in subparagraph (A)
with respect to a responsible party, an Organization
shall, at a minimum, take into account--
``(i) the cost to properly manage the
applicable category of covered product or
beverage container waste;
``(ii) the cost to assist in cleaning up
the covered product or beverage container waste
of the responsible party from--
``(I) public places;
``(II) freshwater and marine
environments, to the extent that
cleanup can be accomplished without
harming the existing marine life and
intact ecosystems; and
``(III) materials in compost
facilities or other facilities handling
organic wastes;
``(iii) to the extent that cleanup of the
covered products or beverage containers from
freshwater and marine environments cannot be
accomplished without harming the existing
freshwater and marine life and intact
ecosystems, the cost of other appropriate
mitigation measures;
``(iv) the higher cost of managing covered
products that--
``(I) bond materials together,
making the covered product more
difficult to recycle, such as plastic
bonded with paper or metal;
``(II) would typically be
recyclable or compostable, but, as a
consequence of the design of the
covered product, has the effect of
disrupting recycling or composting
processes;
``(III) includes labels, inks,
liners, and adhesives containing heavy
metals or other toxic substances; or
``(IV) cannot be mechanically
recycled;
``(v) the lower cost of managing--
``(I) beverage containers that
have--
``(aa) nondetachable caps;
or
``(bb) other innovations
and design characteristics to
prevent littering; and
``(II) contact containers and other
covered products that--
``(aa) are specifically
designed to be reusable or
refillable; and
``(bb) have a high reuse or
refill rate;
``(vi) covered products with lower
environmental impacts, including--
``(I) covered products that are
made of--
``(aa) sustainable or
renewably sourced materials; or
``(bb) at least 90 percent
by weight of any combination
of--
``(AA) postconsumer
recycled content; or
``(BB) materials
derived from land or
freshwater or marine
environment litter; and
``(II) compostable covered products
that--
``(aa) have direct contact
with food; or
``(bb) help divert food
waste from a landfill; and
``(vii) the percentage of postconsumer
recycled content verified by an independent
party designated by the Administrator that
exceeds the minimum requirements established
under section 12302 in the packaging, if the
recycled content does not disrupt the potential
for future recycling.
``(4) Administrative costs.--
``(A) In general.--A fee under paragraph (1) shall
include--
``(i) the administrative costs to the
Organization of carrying out the Program;
``(ii) the cost to the Administrator of
administering this part with respect to the
applicable Organization, including--
``(I) oversight, including annual
oversight;
``(II) issuance of any rules;
``(III) planning;
``(IV) Plan review;
``(V) compliance;
``(VI) outreach and education;
``(VII) enforcement;
``(VIII) sufficient staff positions
to administer this part; and
``(IX) other activities directly
related to the activities described in
subclauses (I) through (VIII); and
``(iii) the cost to a State for carrying
out enforcement with respect to the applicable
Organization.
``(B) Consideration.--In determining the fee for a
responsible party under subparagraph (A), an
Organization shall consider the company size and annual
revenue of the responsible party.
``(C) Reimbursement.--An Organization shall
reimburse--
``(i) the Administrator for costs described
subparagraph (A)(ii) incurred by the
Administrator; and
``(ii) a State for costs described in
subparagraph (A)(iii) incurred by the State.
``(5) Approval.--
``(A) In general.--Before an Organization may
charge a fee or revise the amount of a fee to be
charged under paragraph (1)--
``(i) the Organization shall submit to the
Administrator the fee structure and the
methodology for determining that fee structure;
and
``(ii)(I) the Organization shall receive
notification of approval of the fee structure
under subparagraph (B)(ii); or
``(II) the fee structure shall be
considered approved under subparagraph (C).
``(B) Approval.--Not later than 60 days after
receipt of a fee structure under subparagraph (A)(i),
the Administrator shall--
``(i)(I) approve the fee structure if the
Administrator determines that the fee structure
is in accordance with this subsection; or
``(II) deny the fee structure if the
Administrator determines that the fee structure
is not in accordance with this subsection; and
``(ii) notify the Organization of the
determination under clause (i).
``(C) Failure to meet deadline.--If the
Administrator does not make a determination under
clause (i) of subparagraph (B) by the date required
under that subparagraph, the fee structure shall be
considered to be approved.
``(c) Advisory Committees.--
``(1) In general.--An Organization shall establish an
advisory committee that represents a range of interested and
engaged persons relevant to the category of covered products or
beverages sold in beverage containers of the applicable
Program, including--
``(A) collection providers;
``(B) cleanup service providers;
``(C) recyclers; and
``(D) composters.
``(2) Composition.--
``(A) In general.--At a minimum, an advisory
committee shall include individuals representing each
of--
``(i) responsible parties, such as a trade
association;
``(ii) States;
``(iii) cities, including--
``(I) small and large cities; and
``(II) cities located in urban and
rural counties;
``(iv) counties, including--
``(I) small and large counties; and
``(II) urban and rural counties;
``(v) public sector recycling, composting,
and solid waste industries for the applicable
type of product or packaging;
``(vi) private sector recycling,
composting, and solid waste industries for the
applicable type of product or packaging;
``(vii) recycled feedstock users for the
applicable type of product or packaging;
``(viii) public place litter programs;
``(ix) freshwater and marine litter
programs;
``(x) environmental organizations;
``(xi) disability advocates;
``(xii) Indian Tribes; and
``(xiii) environmental and human health
scientists.
``(B) Requirements.--
``(i) In general.--Each individual serving
on an advisory committee may represent only 1
category described in clauses (i) through
(xiii) of subparagraph (A).
``(ii) Disproportionate representation.--An
Organization shall ensure that no category
described in clauses (i) through (xiii) of
subparagraph (A) has disproportionate
representation on an advisory committee.
``(3) Public comment.--Each year, an Organization shall
provide a process to receive comments from additional
stakeholders and community members, which to the maximum extent
practicable shall include diverse ethnic populations.
``(4) Expenses.--
``(A) In general.--An Organization shall reimburse
representatives of community groups, Indian Tribes,
State and local governments, and nonprofit
organizations for expenses related to participating on
the advisory committee.
``(B) Other members.--Other members of the advisory
committee may be compensated for travel expenses as
needed to ensure the ability of those members to
participate on the advisory committee.
``(5) Duties.--An Organization shall--
``(A) hold an advisory committee meeting at least
once per year;
``(B) request and consider comments from the
advisory committee of the Organization prior to the
submission to the Administrator of a Plan or any
revisions to a Plan;
``(C) report comments of the advisory committee to
the Administrator as an appendix to any revisions to a
Plan submitted to the Administrator; and
``(D) include a summary of advisory committee
engagement and input in the report under section 12107.
``SEC. 12103. COVERED PRODUCT MANAGEMENT.
``(a) In General.--In carrying out a Program, a responsible party,
acting through an Organization, shall--
``(1) meet the performance targets under the applicable
Plan, as described in section 12105(g)--
``(A) in the case of covered products, by providing
for the collection of covered products in accordance
with subsection (b); or
``(B) in the case of beverage containers, by
carrying out the responsibilities under section
12104(e); and
``(2) in accordance with subsection (c), provide for the
cleanup of covered products or beverage containers that become
litter.
``(b) Collection.--
``(1) In general.--A Program shall provide widespread,
convenient, and equitable access to opportunities for the
collection of covered products in accordance with this
subsection.
``(2) Convenience.--
``(A) In general.--Subject to subparagraph (B),
collection opportunities described in paragraph (1)
shall--
``(i) be provided throughout each State,
Tribal land, and territory in which the
applicable covered product is sold, including
in rural and island communities;
``(ii) be as convenient as trash collection
in the applicable area; and
``(iii) in a case in which collection of
the applicable covered product by curbside
collection is not practicable, be, as
determined by the Administrator, and in the
case of a city with a population of 750,000 or
more residents, subject to the approval of the
city, available for not less than 95 percent of
the population of the applicable area within--
``(I) in the case of an urban area,
a 10-minute drive; or
``(II) in the case of a rural area,
the longer of--
``(aa) a 45-minute drive;
and
``(bb) the time to drive to
the nearest rural service
center.
``(B) Waiver.--The Administrator may waive the
requirement under subparagraph (A) after--
``(i) consultation with the advisory
committee of the applicable Organization and
other appropriate stakeholders; and
``(ii) approval by the unit of local
government with jurisdiction over the
applicable area.
``(3) Methods.--
``(A) Curbside or multifamily collection.--With
respect to a geographic area described in paragraph
(2)(A), an Organization shall, at a minimum, provide
the opportunity for the collection of the applicable
covered product through a curbside or multifamily
recycling collection service, if--
``(i) the category of covered product--
``(I) is suitable for curbside or
multifamily recycling collection; and
``(II) can be effectively sorted by
facilities receiving the covered
product after collection; and
``(ii) the provider of the service agrees--
``(I) to accept the category of
covered product; and
``(II) to a compensation agreement
described in subparagraph (C).
``(B) Other methods.--In addition to the method
described in subparagraph (A), an Organization may
comply with the requirement under paragraph (1) by--
``(i) entering into an agreement with--
``(I) an entity that carries out a
program through which consumers may
drop off the covered product at a
designated location (commonly known as
a `depot drop-off program'); or
``(II) a retailer that accepts the
covered product from consumers
(commonly known as `retailer take-
back'); or
``(ii) such other means as the Organization
determines to be appropriate, including by
establishing a collection program or service,
including a program or service that provides
collection from public spaces.
``(C) Compensation agreements.--
``(i) In general.--An Organization may
comply with this subsection by entering into an
agreement with a governmental or private entity
under which the Organization compensates the
entity for the collection of covered products.
``(ii) Requirement.--As part of a
compensation agreement under clause (i), an
Organization shall offer to provide
reimbursement of not less than 100 percent of
the cost to the entity of managing the covered
products, including, as applicable,
administrative costs, sorting, and
reprocessing.
``(4) Managing collected covered products.--In carrying out
this subsection, an Organization shall--
``(A) ensure that--
``(i) the collection means and systems used
direct the covered product waste to--
``(I) facilities that are effective
in sorting and reprocessing covered
product waste prior to shipment in a
form ready for remanufacture into new
products; or
``(II) other facilities that the
Administrator determines appropriately
manage the covered product waste;
``(ii) covered products are managed in an
environmentally sound and socially just manner
at reprocessing, disposal, or other facilities
operating with human health and environmental
protection standards that are broadly
equivalent to the standards required in--
``(I) the United States; or
``(II) other countries that are
members of the Organization for
Economic Cooperation and Development;
and
``(iii) the Program includes measures to
track, verify, and publicly report that covered
products are managed responsibly and not
reexported to other countries; and
``(B) take measures--
``(i) to promote high-quality recycling
that retains material quality;
``(ii) to meet the necessary quality
standards for the relevant facilities that
manufacture new products from the collected,
sorted, and reprocessed materials; and
``(iii) to prioritize the recycling of
products and packaging into uses that achieve
the greatest environmental benefits from
displacing the use of virgin materials.
``(5) Costs.--A responsible party or an Organization may
not charge a covered entity any amount for the cost of carrying
out this subsection.
``(6) Effect.--Nothing in this subsection--
``(A) requires a governmental entity to provide for
the collection of covered products; or
``(B) prohibits a governmental entity from
providing for the collection of covered products.
``(c) Cleanup; Reduction in Waste.--A Program shall--
``(1) provide funding to, and coordinate with, entities
that collect covered product or beverage container litter from
public places or freshwater or marine environments in the
United States, including Tribal land and territories; and
``(2) coordinate product design and Program innovations to
reduce covered product or beverage container waste.
``(d) Minimum Funding Requirements.--
``(1) In general.--Of Program expenditures for a fiscal
year, an Organization shall ensure that--
``(A)(i) for the 10-year period beginning on the
date on which the Organization is established, not less
than 50 percent is used for the improvement and
development of new market, recycling, or composting
infrastructure in the United States, which may include
installing or upgrading equipment at existing sorting
and reprocessing facilities--
``(I) to improve sorting of covered product
waste; or
``(II) to mitigate the impacts of covered
product waste to other commodities; and
``(ii) for each year thereafter, such percentage as
the Administrator may establish, but not less than 10
percent, is used for the purposes described in clause
(i); and
``(B) not less than 10 percent is used for--
``(i) cleanup activities under subsection
(c)(1); and
``(ii) the removal of covered product or
beverage container contaminants at compost
facilities and other facilities that manage
organic materials.
``(2) Determination of expenditures.--For purposes of
carrying out paragraph (1), Program expenditures for a fiscal
year shall be based on--
``(A) in the case of the first fiscal year of the
Program, budgeted expenditures for the fiscal year; and
``(B) in the case of each fiscal year thereafter,
Program expenditures for the previous fiscal year.
``SEC. 12104. NATIONAL BEVERAGE CONTAINER PROGRAM.
``(a) Responsibilities of Responsible Parties.--
``(1) In general.--Each responsible party for beverages
sold in beverage containers shall--
``(A) charge to a retailer to which the beverage in
a beverage container is delivered a deposit in the
amount of the applicable refund value described in
subsection (c) on delivery; and
``(B) on receipt of an empty beverage container
from a retailer, pay to the retailer a refund in the
amount of the applicable refund value described in
subsection (c).
``(2) Use of deposits from unredeemed beverage
containers.--A responsible party shall use any amounts received
as deposits under paragraph (1)(A) for which an empty beverage
container is not returned to the Organization responsible for
the material of the beverage container for investment in
collection, recycling, and reuse infrastructure.
``(b) Responsibilities of Retailers.--
``(1) In general.--Except as provided in paragraph (2),
each retailer of beverages in beverage containers shall--
``(A) charge to the customer to which the beverage
in a beverage container is sold a deposit in the amount
of the applicable refund value described in subsection
(c) on the sale;
``(B) on receipt of an empty beverage container
from a customer, pay to the customer a refund in the
amount of the applicable refund value described in
subsection (c);
``(C) accept a beverage container and pay a refund
under subparagraph (B)--
``(i) during any period that the retailer
is open for business; and
``(ii) regardless of whether the specific
beverage container was sold by the retailer;
and
``(D) in the case of a retailer that is equal to or
greater than 5,000 square feet, accept any brand and
size of beverage container and pay a refund under
subparagraph (B) for the beverage container, regardless
of whether the retailer sells that brand or size of
beverage container.
``(2) Exceptions.--
``(A) Dirty or damaged.--A retailer described in
paragraph (1) may refuse to accept a beverage container
and pay a refund under paragraph (1)(B) if the beverage
container--
``(i) visibly contains or is contaminated
by a substance other than--
``(I) water;
``(II) residue of the original
contents; or
``(III) ordinary dust; or
``(ii) is so damaged that the brand or
refund label appearing on the container cannot
be identified.
``(B) Container limitation.--
``(i) Large retailers.--A retailer
described in paragraph (1) that is equal to or
greater than 5,000 square feet may refuse to
accept, and pay a refund under paragraph (1)(B)
for, more than 250 beverage containers per
person per day.
``(ii) Small retailers.--A retailer
described in paragraph (1) that is less than
5,000 square feet may refuse to accept, and pay
a refund under paragraph (1)(B) for, more than
50 beverage containers per person per day.
``(C) Brand and size.--A retailer described in
paragraph (1) that is less than 5,000 square feet may
refuse to accept, and pay a refund under paragraph
(1)(B) for, a brand or size of beverage container that
the retailer does not sell.
``(D) Restaurants.--A retailer described in
paragraph (1) that is a restaurant may refuse to
accept, and pay a refund under paragraph (1)(B) for, a
beverage container that the restaurant did not sell.
``(E) Other means of return.--The Administrator may
permit the establishment of convenience zones, under
which a retailer within a convenience zone is exempt
from this subsection if the Administrator determines
that the retailer--
``(i) is located within close proximity to
a redemption center established under
subsection (e)(2); and
``(ii) shares in the cost of the operation
of that redemption center with the responsible
party.
``(c) Applicable Refund Value.--
``(1) In general.--The amount of the refund value referred
to in subsections (a) and (b) shall be not less than 10 cents.
``(2) Adjustments.--Beginning on the date that is 3 years
after the date of enactment of this part, the Administrator may
increase the minimum refund value under paragraph (1) to
account for--
``(A) inflation; and
``(B) other factors, such as a failure to meet
performance targets described in section 12105(g).
``(3) Discretionary increases.--A responsible party, with
respect to a covered product or beverage container, or a State
may require a refund value that is more than the minimum refund
value under paragraph (1).
``(d) Labeling.--Any manufacturer, importer, or distributor of a
beverage in a beverage container that is sold in the United States
shall include on the label of the beverage container a standardized
description of the applicable refund value in such a manner that the
description is clearly visible.
``(e) Responsibilities of Organizations.--
``(1) Collection and storage.--An Organization of
responsible parties for beverages sold in beverage containers
shall facilitate collection and storage of beverage containers
that are returned to retailers under this section by providing
storage or other means to collect the beverage containers until
collection for recycling, such as reverse vending or other
convenient options for consumers.
``(2) Redemption centers.--
``(A) In general.--An Organization of responsible
parties for beverages sold in beverage containers shall
establish and operate facilities to accept beverage
containers from consumers.
``(B) Requirements.--A facility established under
subparagraph (A) shall--
``(i) be staffed and available to the
public--
``(I) each day other than a Federal
or local holiday; and
``(II) not less than 10 hours each
day;
``(ii) accept--
``(I) any beverage container; and
``(II) not less than 350 beverage
containers per person per day; and
``(iii) provide--
``(I) hand or automated counts
conducted by staff of the facility;
``(II) a drop door for consumers to
drop off bags of mixed beverage
containers for staff of the facility to
count, for which the facility may
collect a convenience fee; or
``(III) any other convenient means
of receiving and counting beverage
containers, as determined by the
Administrator.
``(3) Curbside collection.--An Organization may pay an
entity that collects curbside recycling the value of the
applicable refund value under subsection (c) for beverage
containers collected, based on weight or another measurement
that approximates the amount of the refunds, as negotiated by
the Organization and the entity.
``(f) Excluded States.--
``(1) Definition of eligible state.--In this subsection,
the term `eligible State' means a State that--
``(A) has in effect a beverage container law before
the date of enactment of this subtitle; and
``(B) enacts legislation after the date of
enactment of this part to update the beverage container
law described in subparagraph (A) to be consistent with
the refund value amounts under, and beverage containers
covered by, this part.
``(2) Compliance with state law.--In the case of an
eligible State, compliance with the law of the eligible State
by a distributor, retailer, manufacturer, importer, or
Organization shall be considered to be compliance with this
section.
``(3) Conformity.--An eligible State is encouraged to
negotiate with relevant Organizations on updated features of
the beverage container law of the eligible State, such as
sharing new revenue from increased deposits.
``SEC. 12105. PRODUCT STEWARDSHIP PLANS.
``(a) In General.--Not later than February 1, 2022, each
Organization shall submit to the Administrator a Product Stewardship
Plan that describes how the Organization will carry out the
responsibilities of the Organization under this part.
``(b) Contents.--Each Plan shall contain, at a minimum--
``(1) contact information for the Organization submitting
the Plan;
``(2) a list of participating responsible parties and
brands covered by the applicable Program, including
organization structure for each responsible party; and
``(3) a description of--
``(A) each category of covered product or beverage
sold in a beverage container covered by the Plan;
``(B) funding for the Organization, including how
fees will be structured and collected in accordance
with section 12102(b)(5);
``(C) performance targets under subsection (g);
``(D) the means by which each type of covered
product or beverage container will be collected in
accordance with section 12103 or 12104, as applicable,
to meet--
``(i) the consumer convenience and
geographic coverage standards for collection
under this part; and
``(ii) the performance targets under
subsection (g);
``(E) consumer education plans in accordance with
section 12106;
``(F) a customer service process, such as a process
for answering citizen or customer questions and
resolving issues;
``(G) sound management practices for worker health
and safety;
``(H) plans for complying with design-for-
environment and labeling requirements under sections
12303 and 12304, respectively;
``(I) the means by which responsible parties will
work with and improve existing recycling, composting,
litter cleanup, and disposal programs and
infrastructure;
``(J) any plans to transition to reusable covered
products;
``(K) the means by which the Organization is
mitigating fraud in the applicable Program;
``(L) the means by which responsible parties will
consult with the Federal Government, State and local
governments, and any other important stakeholders; and
``(M) plans for market development.
``(c) Approval or Denial.--Not later than 90 days after receiving a
Plan under subsection (a), the Administrator shall--
``(1) approve or deny the Plan; and
``(2) notify the applicable Organization of the
determination of the Administrator under paragraph (1).
``(d) Implementation.--Beginning on August 1, 2022, not later than
60 days after receiving a notification of approval of a Plan under
subsection (c)(2), the applicable Organization shall begin
implementation of the Plan.
``(e) Expiration.--A Plan--
``(1) shall expire on the date that is 5 years after the
date on which the Plan is approved; and
``(2) may be renewed.
``(f) Revisions.--The Administrator may require a revision to a
Plan before the expiration date of the Plan if--
``(1) the performance targets under subsection (g) are not
being met; or
``(2) there is a change in circumstances that otherwise
warrants a revision.
``(g) Performance Targets.--
``(1) In general.--Each Plan shall contain achievable
performance targets for the collection and recycling of the
applicable covered product or beverage container in accordance
with section 12103 or 12104, as applicable.
``(2) Minimum requirements.--Performance targets under
paragraph (1) shall be not less than, by weight of covered
product--
``(A) by December 31, 2027--
``(i) 65 percent of all covered products,
except paper, reused or recycled;
``(ii) 75 percent of all beverage
containers and paper covered products recycled;
and
``(iii) 50 percent of all industrially
compostable covered products composted; and
``(B) by December 31, 2032--
``(i) 80 percent of all covered products,
except paper, reused or recycled;
``(ii) 90 percent of all beverage
containers and paper covered products recycled;
and
``(iii) 70 percent of all industrially
compostable covered products composted.
``SEC. 12106. OUTREACH AND EDUCATION.
``(a) In General.--A Program shall include the provision of
outreach and education to consumers throughout the United States
regarding--
``(1) proper end-of-life management of covered products and
beverage containers;
``(2) the location and availability of curbside and drop-
off collection opportunities;
``(3) how to prevent litter of covered products and
beverage containers; and
``(4) recycling and composting instructions that are--
``(A) consistent nationwide, except as necessary to
take into account differences among State and local
laws;
``(B) easy to understand; and
``(C) easily accessible.
``(b) Activities.--Outreach and education under subsection (a)
shall--
``(1) be designed to achieve the management goals of
covered products and beverage containers under this part,
including the prevention of contamination by covered products
and beverage containers in other management systems or in other
materials;
``(2) be coordinated across programs nationally to avoid
confusion for consumers; and
``(3) include, at a minimum--
``(A) consulting on education, outreach, and
communications with the advisory committee of the
applicable Organization and other stakeholders;
``(B) coordinating with and assisting local
municipal programs, municipal contracted programs,
solid waste collection companies, and other entities
providing services to the Program;
``(C) developing and providing outreach and
education to the diverse ethnic populations of the
United States through translated and culturally
appropriate materials, including in-language and
targeted outreach;
``(D) establishing consumer websites and mobile
applications that provide information about methods to
prevent covered product and beverage container
pollution and how consumers may access and use
collection services;
``(E) working with Program participants to label
covered products and beverage containers with
information to assist consumers in responsibly managing
covered product and beverage container waste; and
``(F) determining the effectiveness of outreach,
education, communications, and convenience of services
through periodic surveys of consumers.
``(c) Evaluation.--If the Administrator determines that performance
targets under section 12105(g) are not being met with respect to an
Organization, the Organization shall--
``(1) conduct an evaluation of the effectiveness of
outreach and education efforts under this section to determine
whether changes are necessary to improve those outreach and
education efforts; and
``(2) develop information that may be used to improve
outreach and education efforts under this section.
``SEC. 12107. REPORTING.
``(a) In General.--An Organization shall annually make available on
a publicly available website a report that contains--
``(1) with respect to covered products or beverages in
beverage containers sold or imported by members of the
Organization, a description of, at a minimum--
``(A) the quantity of covered products or beverage
containers sold or imported and collected, by
submaterial type and State, for the year covered by the
report and each prior year;
``(B) management of the covered products or
beverage containers, including recycling rates, by
submaterial type, for the year covered by the report
and each prior year;
``(C) data on the final destination and quantity of
reclaimed covered products or beverage containers, by
submaterial type, including the form of any covered
products or beverage containers exported;
``(D) contamination in the recycling stream of the
covered products or beverage containers;
``(E) collection service vendors and collection
locations, including--
``(i) the geographic distribution of
collection;
``(ii) distance to population centers;
``(iii) hours;
``(iv) actions taken to reduce barriers to
collection by expanding curbside collection or
facilitating drop-offs; and
``(v) frequency of collection availability;
and
``(F) efforts to reduce environmental impacts at
each stage of the lifecycle of the covered products or
beverage containers;
``(2) the composition of the advisory committee for the
Organization;
``(3) expenses of the Organization;
``(4) outreach and education efforts under section 12106,
including the results of those efforts;
``(5) customer service efforts and results;
``(6) performance relative to the performance targets of
the Plan under section 12105(g);
``(7) the status of packaging innovation and design
characteristics to prevent littering, make covered products or
beverage containers reusable or refillable, or reduce overall
covered product and beverage container waste; and
``(8) any other information that the Administrator
determines to be appropriate.
``(b) Consistency.--Organizations shall make efforts to coordinate
reporting under subsection (a) to provide for consistency of
information across a category of covered products or beverage
containers.
``(c) Audits.--Every 2 years, the Administrator shall conduct an
audit of collection and recycling to provide an accounting of the
collection and recycling of covered products and beverage containers
that are not produced by a responsible party or an Organization.
``(d) Reductions in State and Local Taxes.--Not later than February
1, 2025, and annually thereafter, the Administrator shall prepare and
make publicly available a report describing--
``(1) the effect of this part on costs incurred by State
and local governments for the management and cleanup of covered
products and beverage containers; and
``(2) any reductions in State and local taxes as a result
of any reductions of costs described in paragraph (1).
``PART II--REDUCTION OF SINGLE-USE PRODUCTS
``SEC. 12201. PROHIBITION ON SINGLE-USE PLASTIC CARRYOUT BAGS.
``(a) Definition of Single-Use Plastic Bag.--In this section:
``(1) In general.--The term `single-use plastic bag' means
a bag that is--
``(A) made of--
``(i) plastic film; or
``(ii) woven or nonwoven nylon,
polypropylene, polyethylene-terephthalate, or
Tyvek in a quantity less than 80 grams per
square meter; and
``(B) provided by a covered retail or service
establishment to a customer at the point of sale, home
delivery, the check stand, cash register, or other
point of departure to a customer for use to transport,
deliver, or carry away purchases.
``(2) Exclusions.--The term `single-use plastic bag' does
not include--
``(A) a bag that is subject to taxation under
section 4056 of the Internal Revenue Code of 1986; or
``(B) a covered product that is--
``(i) used by a consumer inside a store--
``(I) to package bulk items, such
as fruit, vegetables, nuts, grains,
candy, unwrapped prepared foods or
bakery goods, or small hardware items;
or
``(II) to contain or wrap--
``(aa) prepackaged or non-
prepackaged frozen foods, meat,
or fish; or
``(bb) flowers, potted
plants, or other items the
dampness of which may require
the use of the nonhandled bag;
``(ii) a bag sold at retail in packages
containing multiple bags intended to contain
garbage or pet waste;
``(iii) a newspaper bag;
``(iv) a door hanger bag; or
``(v) a laundry or dry cleaning bag.
``(b) Prohibition.--A covered retail or service establishment shall
not provide at the point of sale a single-use plastic bag to a
customer.
``(c) Enforcement.--
``(1) Written notification for first violation.--If a
covered retail or service establishment violates subsection
(b), the Administrator shall provide that covered retail or
service establishment with written notification regarding the
violation of the requirement under that subsection.
``(2) Subsequent violations.--
``(A) In general.--If a covered retail or service
establishment, subsequent to receiving a written
notification described in paragraph (1), violates
subsection (b), the Administrator shall fine the
covered retail or service establishment in accordance
with subparagraph (B).
``(B) Amount of penalty.--For each violation during
a calendar year, the amount of the penalty under
subparagraph (A) shall be--
``(i) in the case of the first violation,
$250;
``(ii) in the case of the second violation,
$500; and
``(iii) in the case of the third violation
or any subsequent violation, $1,000.
``(C) Seizure.--On a third violation or any
subsequent violation under this paragraph by a covered
retail or service establishment, the Administrator may
seize any single-use plastic bags in the possession of
the covered retail or service establishment.
``(D) Limitation.--In the case of a covered retail
or service establishment the annual revenue of which is
less than $1,000,000, a penalty shall not be imposed
under this paragraph more than once during any 7-day
period.
``(3) State enforcement.--The Administrator may permit a
State to carry out enforcement under this subsection if the
Administrator determines that the State meets such requirements
as the Administrator may establish.
``(d) Effective Date.--The prohibition under this section shall
take effect on January 1, 2022.
``SEC. 12202. REDUCTION OF OTHER SINGLE-USE PRODUCTS.
``(a) Prohibition on Plastic Utensils and Plastic Straws.--
``(1) Utensils.--A covered retail or service establishment
may not use, provide, distribute, or sell a plastic utensil.
``(2) Plastic straws.--
``(A) In general.--Subject to subparagraphs (B) and
(C), a covered retail or service establishment that
sells food or beverages--
``(i) except as provided in clause (ii),
may not provide a plastic straw to a customer;
``(ii) shall provide a plastic straw to a
customer who requests a plastic straw;
``(iii) shall provide accessible means of
communication, across all ordering platforms
used by the covered retail or service
establishment (such as online, mobile, and in-
person), for customers to request a plastic
straw; and
``(iv) shall keep in stock plastic straws
for customers who request plastic straws.
``(B) Effective functional equivalents.--If the
Administrator, in consultation with the National
Council on Disability and advocates representing the
disability and environmental communities, determines
that an effective functional equivalent to a plastic
straw that can be recycled, composted, or disposed with
minimal harm to the environment has been developed--
``(i) subparagraph (A) shall no longer
apply; and
``(ii) a covered retail or service
establishment may not provide a plastic straw
to a customer.
``(C) Exclusion.--Subparagraph (A) shall not apply
to the sale of plastic straws in bulk for home or
personal use.
``(3) Nonplastic alternatives.--A covered retail or service
establishment may provide, distribute, or sell a reusable,
compostable, or recyclable alternative to a plastic utensil or
plastic straw only--
``(A) on request of a customer; and
``(B) in the case of a compostable or recyclable
alternative, if composting or recycling, as applicable,
for the item is provided and locally accessible.
``(b) Prohibition on Other Single-Use Products.--
``(1) In general.--Except as provided in paragraphs (3) and
(4), a covered retail or service establishment may not sell or
distribute any single-use product that the Administrator
determines is not recyclable or compostable and can be replaced
by a reusable or refillable item.
``(2) Inclusions.--In the prohibition under paragraph (1),
the Administrator shall include--
``(A) expanded polystyrene for use in food service
products, disposable consumer coolers, or shipping
packaging;
``(B) single-use personal care products, such as
miniature bottles containing shampoo, soap, and lotion
that are provided at hotels or motels;
``(C) noncompostable produce stickers; and
``(D) such other products that the Administrator
determines by regulation to be appropriate.
``(3) Exception.--The prohibition under paragraph (1) shall
not apply to the sale or distribution of an expanded
polystyrene cooler for medical use.
``(4) Temporary waiver.--The Administrator may grant a
temporary waiver of not more than 1 year from the prohibition
under paragraph (1) for the use of expanded polystyrene in
shipping packaging to protect a product of high value if a
viable alternative to expanded polystyrene is not available.
``(c) Enforcement.--
``(1) Written notification for first violation.--If a
covered retail or service establishment violates subsection (a)
or (b), the Administrator shall provide that covered retail or
service establishment with written notification regarding the
violation of the requirement under that subsection.
``(2) Subsequent violations.--
``(A) In general.--If any covered retail or service
establishment, subsequent to receiving a written
notification described in paragraph (1), violates
subsection (a) or (b), the Administrator shall fine the
covered retail or service establishment in accordance
with subparagraph (B).
``(B) Amount of penalty.--For each violation during
a calendar year, the amount of the penalty under
subparagraph (A) shall be--
``(i) in the case of the first violation,
$250;
``(ii) in the case of the second violation,
$500; and
``(iii) in the case of the third violation
or any subsequent violation, $1,000.
``(C) Seizure.--On a third violation or any
subsequent violation under this paragraph by a covered
retail or service establishment, the Administrator may
seize any plastic products prohibited under subsection
(a) or (b) that are in the possession of the covered
retail or service establishment.
``(D) Limitation.--In the case of a covered retail
or service establishment the annual revenue of which is
less than $1,000,000, a penalty shall not be imposed
under this paragraph more than once during any 7-day
period.
``(3) State enforcement.--The Administrator may permit a
State to carry out enforcement under this subsection if the
Administrator determines that the State meets such requirements
as the Administrator may establish.
``(d) Effective Date.--The prohibition under this section shall
take effect on January 1, 2022.
``SEC. 12203. STUDY AND ACTION ON PLASTIC TOBACCO FILTERS AND
ELECTRONIC CIGARETTES.
``(a) Study.--Not later than 2 years after the date of enactment of
this subtitle, the Administrator, in conjunction with the Commissioner
of Food and Drugs and the Director of the National Institutes of
Health, shall conduct a study on--
``(1) the environmental impacts and efficacy of tobacco
filters made from plastic; and
``(2) the environmental impacts of electronic cigarettes,
including disposable components of electronic cigarettes.
``(b) Report to Congress.--
``(1) In general.--Not later than 180 days after the date
on which the study under subsection (a) is concluded, the
Administrator, in conjunction with the Commissioner of Food and
Drugs, shall submit to the committees described in paragraph
(2) a report describing recommendations to establish a program
to reduce litter from, and the environmental impacts of,
single-use tobacco filter products and electronic cigarettes.
``(2) Committees.--The committees referred to in paragraph
(1) are--
``(A) the Committee on Health, Education, Labor,
and Pensions of the Senate;
``(B) the Committee on Environment and Public Works
of the Senate;
``(C) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(D) the Committee on Energy and Commerce of the
House of Representatives.
``(c) Publication.--On submission of the report under subsection
(b)(1), the Administrator, in conjunction with the Commissioner of Food
and Drugs, shall publish in the Federal Register for public comment--
``(1) the report; and
``(2) a description of the actions the Administrator and
the Commissioner of Food and Drugs intend to take during the 1-
year period after the date of publication to reduce litter
from, and the environmental impacts of, single-use tobacco
filter products and electronic cigarettes, including
recommendations for incorporating plastic tobacco filters and
electronic cigarette components into an extended producer
responsibility program.
``PART III--RECYCLING AND COMPOSTING
``SEC. 12301. RECYCLING AND COMPOSTING COLLECTION.
``The Administrator, in consultation with Organizations, State and
local governments, and affected stakeholders, shall issue guidance to
standardize recycling and composting collection across communities and
States.
``SEC. 12302. REQUIREMENTS FOR THE PRODUCTION OF PRODUCTS CONTAINING
RECYCLED CONTENT.
``(a) Plastic Beverage Containers.--
``(1) In general.--Subject to paragraph (2), the
Administrator shall require each responsible party for plastic
beverage containers to make the plastic beverage containers--
``(A) by 2025, of 25 percent post-consumer recycled
content from United States sources;
``(B) by 2030, of 30 percent post-consumer recycled
content from United States sources;
``(C) by 2035, of 50 percent post-consumer recycled
content from United States sources;
``(D) by 2040, of 80 percent post-consumer recycled
content from United States sources; and
``(E) by such dates thereafter as the Administrator
shall establish, such percentages of post-consumer
recycled content from United States sources as the
Administrator determines by a rule to be appropriate.
``(2) Adjustment.--After consideration of the results of
the study under subsection (b)(1), the Administrator may issue
regulations to modify one or more of the percentages described
in subparagraphs (A) through (D) of paragraph (1).
``(b) Other Covered Products and Beverage Containers.--
``(1) Study.--The Administrator, in coordination with the
Director of the National Institute of Standards and Technology,
the Commissioner of Food and Drugs, and the head of any other
relevant Federal agency, shall carry out a study to determine
the technical and safe minimum post-consumer recycled content
requirements for covered products and beverage containers,
including beverage containers composed of glass, aluminum, and
other materials.
``(2) Report.--
``(A) In general.--Not later than 1 year after the
date of enactment of this subtitle, the Administrator
shall submit to Congress a report describing the
results of the study under paragraph (1), including--
``(i) an estimate of the current and
projected consumption of covered products and
use of beverage containers in the United
States;
``(ii) an estimate of current and projected
future recycling rates of covered products and
beverage containers in the United States;
``(iii) an assessment of techniques and
recommendations to minimize the creation of new
materials for covered products and beverage
containers; and
``(iv) an assessment of--
``(I) post-consumer recycled
content standards for covered products
and beverage containers that are
technologically feasible; and
``(II) the impact of the standards
described in subclause (I) on recycling
rates of covered products and beverage
containers.
``(B) Publication.--On submission of the report
under subparagraph (A) to Congress, the Administrator
shall publish in the Federal Register for public
comment--
``(i) the report; and
``(ii) a description of the actions the
Administrator intends to take during the 1-year
period after the date of publication in the
Federal Register to establish minimum post-
consumer recycled content standards for covered
products and beverage containers.
``(3) Minimum standards.--
``(A) In general.--Not later than 1 year after the
Administrator publishes the report under paragraph
(2)(B), the Administrator shall establish minimum post-
consumer recycled content standards for covered
products and beverage containers.
``(B) Requirement.--The standards established under
subparagraph (A) shall increase the percentage by which
covered products and beverage containers shall be
composed of post-consumer recycled content over a time
period established by the Administrator.
``SEC. 12303. DESIGNING FOR THE ENVIRONMENT.
``(a) In General.--The Administrator shall require each responsible
party of covered products and beverage containers to design the covered
products and beverage containers to minimize the environmental and
health impacts of the covered products and beverage containers.
``(b) Requirements.--In designing covered products and beverage
containers in accordance with subsection (a), to minimize the impacts
of extraction, manufacture, use, and end-of-life management, a
responsible party shall consider--
``(1) eliminating or reducing the quantity of material
used;
``(2) eliminating toxic substances;
``(3) designing for reuse, refill, and lifespan extension;
``(4) incorporating recycled materials;
``(5) designing to reduce environmental impacts across the
lifecycle of a product;
``(6) incorporating sustainably and renewably sourced
material;
``(7) optimizing material to use the minimum quantity of
packaging necessary to effectively deliver a product without
damage or spoilage;
``(8) degradability of materials in cold-water
environments; and
``(9) improving recyclability and compostability.
``SEC. 12304. PRODUCT LABELING.
``(a) In General.--A responsible party shall include labels on
covered products and beverage containers that--
``(1) are easy to read;
``(2) indicate that the covered product or beverage
container is--
``(A) recyclable;
``(B) not recyclable;
``(C) compostable; or
``(D) reusable;
``(3) in the case of a covered product or beverage
container that is not recyclable, does not include the
universal chasing arrows recycling symbol or any other similar
symbol that would lead a consumer to believe that the item
should be sorted for recycling;
``(4) in the case of a plastic bag that is not compostable,
is not tinted green or brown;
``(5) in the case of a compostable bag, is tinted green or
brown and includes information identifying the entity
designated by the Administrator that has certified that the
product is compostable; and
``(6) in the case of a covered product or beverage
container that is compostable, includes a green or brown stripe
or similar marking to identify that the item is compostable.
``(b) Standardized Labels.--The Administrator shall establish or
approve a standardized label for each category of covered product and
beverage container to be used by responsible parties under subsection
(a).
``(c) Requirement.--A label described in subsection (a), including
a shrink sleeve--
``(1) shall be compatible with the intended method of
discard for the covered product or beverage container; and
``(2) shall not require removal by consumers.
``(d) Compatibility.--The Administrator shall encourage label
manufacturers, in coordination with the supply chains of those
manufacturers, including substrate suppliers, converters, and ink
suppliers, to work with the recycling industry to address label
recycling compatibility challenges.
``(e) Wet Wipes.--With respect to the label described in subsection
(a) for a wet wipe product--
``(1) in the case of a wet wipe product sold in the United
States that is intended to be disposed of in the solid waste
stream, the label shall include--
``(A) on the front of the package near the
dispensing point, the statement `Do Not Flush'; and
``(B) in high contrast font and color, a `Do Not
Flush' moniker and symbol that is otherwise in
accordance with the voluntary guidelines for labeling
practices of the nonwoven fabrics industry contained in
the Code of Practice of the Association of the Nonwoven
Fabrics Industry and the European Disposables and
Nonwovens Association, entitled `Communicating
Appropriate Disposal Pathways for Nonwoven Wipes to
Protect Wastewater Systems', second edition, as
published in April 2017;
``(2) in the case of a wet wipe product sold in the United
States that is labeled with a claim that the product is
`flushable', `sewer and septic safe', or any other claim that
indicates that the product is intended to be disposed of in a
sewer or septic system--
``(A) the label may include the statement
`flushable', `sewer and septic safe', or other
statement that the product is intended to be disposed
of in a sewer or septic system if the product--
``(i) meets the performance standards for
dispersibility in a sewer system or septic
system established by the International Water
Services Flushability Group (as in effect on
the date of enactment of this subtitle); and
``(ii) does not contain chemicals or
additives harmful to the public wastewater
infrastructure; and
``(3) in the case of a wet wipe product that is composed of
plastic or other synthetic material, including regenerated
cellulosic fibers--
``(A) the label, marketing claims, or other
advertisements for the product may not identify the
product as intended for disposal in a sewer or septic
system; and
``(B) the label shall clearly and conspicuously
state that the product contains plastic or other
synthetic material.
``SEC. 12305. RECYCLING AND COMPOSTING RECEPTACLE LABELING.
``(a) Purpose.--The purpose of this section is to establish
guidelines for a national standardized labeling system for the
development of labels for recycling and composting receptacles that use
a methodology that is consistent throughout the United States to assist
members of the public in properly recycling and composting.
``(b) Definitions.--In this section:
``(1) Public space.--The term `public space' means a
business, an airport, a school, a stadium, a government office,
a park, and any other public space, as determined by the
Administrator.
``(2) Recycling or composting receptacle.--The term
`recycling or composting receptacle' means a recycling or
composing bin, cart, or dumpster.
``(3) Residential recycling and composting program.--The
term `residential recycling and composting program' means a
recycling and composting program that services single family
dwellings, multifamily dwellings or facilities, or both.
``(c) Guidelines.--The Administrator shall develop and publish
guidelines for a national standardized labeling system for an
Organization to use to develop labels that--
``(1) use a national standardized methodology of colors,
images, format, and terminology, including to address diverse
ethnic populations;
``(2) shall be placed on recycling and composting
receptacles in public spaces and the service area of the
Organization in accordance with paragraphs (1)(D) and (2) of
subsection (e); and
``(3) communicate to users of those recycling and
composting receptacles--
``(A) the specific recyclables and compostables
that the Organization accepts; and
``(B) the specific rules of sorting for that
Organization.
``(d) Development of Labels.--
``(1) In general.--Each Organization in the United States
shall, in accordance with the guidelines published under
subsection (c), use the national standardized labeling system
to develop labels for use on recycling and composting
receptacles in public spaces and the service area of the
Organization to communicate to users of those recycling and
composting receptacles--
``(A) the specific recyclables and compostables
that the Organization accepts; and
``(B) the specific rules of sorting for that
Organization.
``(2) Simple and detailed versions.--In developing labels
under paragraph (1), an Organization shall develop--
``(A) a simple version of the label for use on
recycling and composting receptacles used in public
spaces, which shall list the basic recyclables and
compostables that the Organization accepts; and
``(B) a detailed version of the label for use on
recycling and composting receptacles used as part of a
residential recycling and composting program, taking
into consideration the complexity of the packaging and
products disposed of by single family dwellings and
multifamily dwellings and facilities.
``(e) Distribution of Labels.--
``(1) Simple version.--
``(A) In general.--An Organization shall distribute
the simple version of the label developed by that
Organization under subsection (d)(2)(A) to each
customer of that Organization that owns or operates a
public space in the service area of the Organization.
``(B) Quantity.--The quantity of labels distributed
to an owner or operator of a public space under
subparagraph (A) shall be reasonably sufficient to
ensure that a label may be placed on each recycling and
composting receptacle in that public space.
``(C) Additional labels.--If the quantity of labels
distributed under subparagraph (B) is insufficient, an
Organization shall make available to owners and
operators described in subparagraph (A) additional
labels to purchase or download.
``(D) Requirement of owners and operators.--An
owner or operator of a public space that receives
labels under subparagraph (A) shall display the labels
on the recycling and composting receptacles in that
public space.
``(2) Detailed version.--An Organization or municipality,
as applicable, that services a residential recycling and
composting program in the area served by an Organization shall
display a detailed standardized label developed by that
Organization under subsection (d)(2)(B) on each recycling and
composting receptacle used by the residential recycling and
composting program.
``SEC. 12306. PROHIBITION ON CERTAIN EXPORTS OF WASTE.
``No person may export from the United States plastic waste,
plastic parings, or scraps of plastic--
``(1) to a country that is not a member of the Organization
for Economic Cooperation and Development;
``(2) without the prior informed consent of the relevant
authorities in a receiving country that is a member of the
Organization for Economic Cooperation and Development, if those
exports--
``(A) are not of a single, nonhalogenated plastic
polymer; or
``(B) are contaminated with greater than 0.5
percent of--
``(i) other plastics; or
``(ii) other materials, including--
``(I) labels, adhesives, varnishes,
waxes, inks, and paints; and
``(II) composite materials mixing
plastics with nonplastic materials; or
``(3) that are contaminated with hazardous chemicals, toxic
substances, or substances to the extent that the export becomes
hazardous waste.
``PART IV--LOCAL GOVERNMENT EFFORTS
``SEC. 12401. PROTECTION OF LOCAL GOVERNMENTS.
``Nothing in this subtitle or section 4056 of the Internal Revenue
Code of 1986 preempts any State or local law in effect on or after the
date of enactment of this subtitle that--
``(1) requires the collection and recycling of recyclables
in a greater quantity than required under section 12105(g);
``(2) prohibits the sale or distribution of products that
are not prohibited under part II;
``(3) requires products to be made of a greater percentage
of post-consumer recycled content than required under section
12302;
``(4) imposes a fee or other charge for products not
subject to taxation under section 4056 of the Internal Revenue
Code of 1986; or
``(5) in any way exceeds the requirements of this subtitle.
``SEC. 12402. CLEAN COMMUNITIES PROGRAM.
``The Administrator shall establish a program, to be known as the
`Clean Communities Program', under which the Administrator shall
leverage smart technology and social media to provide technical
assistance to units of local government of States in cost-effectively--
``(1) identifying concentrated areas of pollution in that
unit of local government; and
``(2) implementing source reduction solutions.
``PART V--FISHING GEAR
``SEC. 12501. STUDY AND ACTION ON DERELICT FISHING GEAR.
``(a) Report.--Not later than 2 years after the date of enactment
of this subtitle, the Under Secretary of Commerce for Oceans and
Atmosphere (referred to in this section as the `Under Secretary') shall
submit to the Committee on Commerce, Science, and Transportation and
the Committee on Environment and Public Works of the Senate and the
Committee on Natural Resources of the House of Representatives a report
that includes--
``(1) an analysis of the scale of fishing gear losses by
United States and foreign fisheries, including--
``(A) the variance in the quantity of gear lost
among--
``(i) domestic and foreign fisheries;
``(ii) types of fishing gear; and
``(iii) methods of fishing;
``(B) the means by which lost fishing gear is
transported by ocean currents; and
``(C) common reasons that fishing gear is lost;
``(2) an evaluation of the ecological, human health, and
maritime safety impacts of derelict fishing gear, and how those
impacts vary across--
``(A) types of fishing gear;
``(B) materials used to construct fishing gear; and
``(C) geographic location;
``(3) recommendations on management measures--
``(A) to prevent fishing gear losses; and
``(B) to reduce the impacts of lost fishing gear;
``(4) an assessment of the cost of implementing management
measures described in paragraph (3); and
``(5) an assessment of the impact of fishing gear loss
attributable to foreign countries.
``(b) Publication.--On submission of the report under subsection
(a), the Under Secretary shall publish in the Federal Register for
public comment--
``(1) the report; and
``(2) a description of the actions the Under Secretary
intends to take during the 1-year period after the date of
publication to reduce litter from, and the environmental
impacts of, commercial fishing gear.''.
(b) Clerical Amendment.--The table of contents for the Solid Waste
Disposal Act (Public Law 89-272; 79 Stat. 997) is amended by inserting
after the item relating to section 11011 the following:
``Subtitle K--Producer Responsibility for Products and Packaging
``Sec. 12001. Definitions.
``Part I--Products in the Marketplace
``Sec. 12101. Extended producer responsibility.
``Sec. 12102. Producer Responsibility Organizations.
``Sec. 12103. Covered product management.
``Sec. 12104. National beverage container program.
``Sec. 12105. Product Stewardship Plans.
``Sec. 12106. Outreach and education.
``Sec. 12107. Reporting.
``Part II--Reduction of Single-Use Products
``Sec. 12201. Prohibition on single-use plastic carryout bags.
``Sec. 12202. Reduction of other single-use products.
``Sec. 12203. Study and action on plastic tobacco filters and
electronic cigarettes.
``Part III--Recycling and Composting
``Sec. 12301. Recycling and composting collection.
``Sec. 12302. Requirements for the production of products containing
recycled content.
``Sec. 12303. Designing for the environment.
``Sec. 12304. Product labeling.
``Sec. 12305. Recycling and composting receptacle labeling.
``Sec. 12306. Prohibition on certain exports of waste.
``Part IV--Local Government Efforts
``Sec. 12401. Protection of local governments.
``Sec. 12402. Clean Communities Program.
``Part V--Fishing Gear
``Sec. 12501. Study and action on derelict fishing gear.''.
SEC. 3. IMPOSITION OF TAX ON CARRYOUT BAGS.
(a) General Rule.--Chapter 31 of the Internal Revenue Code of 1986
is amended by inserting after subchapter C the following new
subchapter:
``Subchapter D--Carryout Bags
``Sec. 4056. Imposition of tax.
``SEC. 4056. IMPOSITION OF TAX.
``(a) General Rule.--There is hereby imposed on any retail sale a
tax on each carryout bag provided to a customer by an applicable
entity.
``(b) Amount of Tax.--The amount of tax imposed by subsection (a)
shall be $0.10 per carryout bag.
``(c) Liability for Tax.--The applicable entity shall be liable for
the tax imposed by this section.
``(d) Definitions.--For purposes of this section--
``(1) Applicable entity.--
``(A) In general.--Subject to subparagraph (B), the
term `applicable entity' means--
``(i) any restaurant (as defined in section
12001 of the Solid Waste Disposal Act), or
``(ii) any business which--
``(I) sells food, alcohol, or any
other good or product to the public at
retail, or
``(II) elects to comply with the
requirements under this section.
``(B) Exception.--
``(i) In general.--For purposes of this
section, the term `applicable entity' shall not
include any entity described in subparagraph
(A) if the State, or any local government or
political subdivision thereof, in which such
entity is located has been granted a waiver
pursuant to clause (ii).
``(ii) Waiver.--The Secretary shall
prescribe rules providing for the waiver of
application of this section with respect to any
State, or any local government or political
subdivision thereof, which has enacted a tax or
fee on the provision of carryout bags which is
similar to the tax imposed under this section.
``(2) Carryout bag.--
``(A) In general.--The term `carryout bag' means a
bag of any material that is provided to a consumer at
the point of sale to carry or cover purchases,
merchandise, or other items.
``(B) Exceptions.--Such term shall not include any
product described in section 12201(a)(2)(B)(ii) of the
Solid Waste Disposal Act.
``(e) Bag Tax Stated Separately on Receipt.--The tax imposed by
subsection (a) shall be separately stated on the receipt of sale
provided to the customer.
``(f) Exceptions.--The tax imposed under subsection (a) shall not
apply to any carryout bag that is provided to a customer as part of a
transaction in which the customer is purchasing any item using benefits
received under the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.) or the supplemental nutrition program for women, infants, and
children authorized under section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786).
``(g) Penalties.--
``(1) Written notification for first violation.--If any
applicable entity fails to collect the tax imposed under
subsection (a) or satisfy the requirements under subsection
(e), the Secretary shall provide such entity with written
notification regarding the violation of the requirements under
such subsections.
``(2) Subsequent violations.--
``(A) In general.--If any applicable entity,
subsequent to receiving a written notification
described in paragraph (1), fails to collect the tax
imposed under subsection (a) or satisfy the
requirements under subsection (e), such entity shall
pay a penalty in addition to the tax imposed under this
section.
``(B) Amount of penalty.--For each violation during
a calendar year, the amount of the penalty under
subparagraph (A) shall be--
``(i) in the case of the first violation,
$250,
``(ii) in the case of the second violation,
$500, and
``(iii) in the case of the third violation
or any subsequent violation, $1,000.
``(C) Limitation.--In the case of any applicable
entity with less than $1,000,000 in total revenue for
the year preceding the imposition of any penalty under
this paragraph, any such penalty may not be imposed
under this paragraph more than once during any 7-day
period.
``(h) Rule of Construction.--Nothing in this section or any
regulations promulgated under this section shall preempt, limit, or
supersede, or be interpreted to preempt, limit, or supersede--
``(1) any law or regulation relating to any tax or fee on
carryout bags which is imposed by a State or local government
entity, or any political subdivision, agency, or
instrumentality thereof, or
``(2) any additional fees imposed by any applicable entity
on carryout bags provided to its customers.''.
(b) Carryout Bag Credit Program.--Subchapter B of chapter 65 of
such Code is amended by adding at the end the following new section:
``SEC. 6431. CARRYOUT BAG CREDIT PROGRAM.
``(a) Allowance of Credit.--If--
``(1) tax has been imposed under section 4056 on any
carryout bag,
``(2) an applicable entity provides such bag to a customer
in a point of sale transaction, and
``(3) such entity has kept and can produce records for
purposes of this section and section 4056 that include--
``(A) the total number of carryout bags provided to
customers for which the tax was imposed under section
4056(a) and the amounts passed through to customers for
such bags pursuant to section 4056(e), and
``(B) the total number of bags for which a refund
was provided to customers pursuant to a carryout bag
credit program,
the Secretary shall pay (without interest) to such entity an amount
equal to the applicable amount for each bag provided by such entity in
connection with a point of sale transaction.
``(b) Applicable Amount.--For purposes of subsection (a), the
applicable amount is an amount equal to--
``(1) in the case of an applicable entity that has
established a carryout bag credit program, $0.10, and
``(2) in the case of an applicable entity that has not
established a carryout bag credit program, $0.04.
``(c) Carryout Bag Credit Program.--For purposes of this section,
the term `carryout bag credit program' means a program established by
an applicable entity which--
``(1) for each bag provided by the customer to package any
items purchased from the applicable entity, such entity refunds
such customer $0.05 for each such bag from the total cost of
their purchase,
``(2) separately states the amount of such refund on the
receipt of sale provided to the customer, and
``(3) prominently advertises such program at each entrance
and checkout register of the applicable entity.
``(d) Definitions.--For purposes of this section, the terms
`applicable entity' and `carryout bag' have the same meanings given
such terms under section 4056(d).''.
(c) Establishment of Trust Fund.--Subchapter A of chapter 98 of
such Code is amended by adding at the end the following:
``SEC. 9512. RECYCLING AND LITTER CLEANUP TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Recycling and
Litter Cleanup Trust Fund' (referred to in this section as the `Trust
Fund'), consisting of such amounts as may be appropriated or credited
to the Trust Fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There is hereby appropriated to the
Trust Fund an amount equivalent to the amounts received in the Treasury
pursuant to section 4056.
``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund
shall be available, as provided by appropriation Acts, for--
``(1) making payments under section 6431, and
``(2) making grants for--
``(A) reusable carryout bags, and
``(B) recycling, reuse, and composting
infrastructure and litter cleanup.''.
(d) Study.--Not later than the date which is 18 months after the
date of enactment of this Act, the Comptroller General of the United
States shall conduct a study on the effectiveness of sections 4056,
6431, and 9512 of the Internal Revenue Code of 1986 (as added by this
Act) at reducing the use of carryout bags and encouraging the use of
reusable bags. The report shall address--
(1) the use of plastic or paper single-use carryout bags
during the period preceding the enactment of such sections;
(2) the effect of such sections on the citizens and
residents of the United States, including--
(A) the percentage reduction in the use of plastic
or paper single-use carryout bags as a result of the
enactment of such sections;
(B) the opinion among citizens and residents of the
United States regarding the effect of such sections,
disaggregated by race and income level; and
(C) the amount of substitution between other types
of plastic bags for single-use carryout bags;
(3) measures that the Comptroller General determines may
increase the effectiveness of such sections, including the
amount of tax imposed on each carryout bag; and
(4) any effects, both positive and negative, on United
States businesses as a result of the enactment of such
sections, including costs, storage space, and changes in paper
bag usage.
The Comptroller General shall submit a report of such study to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate.
(e) Clerical Amendments.--
(1) The table of subchapters for chapter 31 of such Code is
amended by inserting after the item relating to subchapter C
the following new item:
``subchapter d. carryout bags''.
(2) The table of sections for subchapter B of chapter 65 of
such Code is amended by adding at the end the following new
item:
``Sec. 6431. Carryout bag credit program.''.
(3) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9512. Recycling and litter cleanup trust fund.''.
(f) Effective Date.--The amendments made by this section shall take
effect on January 1, 2022.
SEC. 4. CLEAN AIR, CLEAN WATER, AND ENVIRONMENTAL JUSTICE.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Covered facility.--The term ``covered facility''
means--
(A) an industrial facility that transforms natural
gas liquids into ethylene and propylene for later
conversion into plastic polymers;
(B) a plastic polymerization or polymer production
facility; and
(C) an industrial facility that repolymerizes
plastic polymers into chemical feedstocks for use in
new products or as fuel.
(3) Covered products.--The term ``covered plastic'' means--
(A) ethylene;
(B) propylene;
(C) polyethylene in any form (including pellets,
resin, nurdle, powder, and flakes);
(D) polypropylene in any form (including pellets,
resin, nurdle, powder, and flakes);
(E) polyvinyl chloride in any form (including
pellets, resin, nurdle, powder, and flakes); or
(F) other plastic polymer raw materials in any form
(including pellets, resin, nurdle, powder, and flakes).
(4) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all individuals, regardless of race, color, national origin,
educational level, or income, with respect to the development,
implementation, and enforcement of environmental laws,
regulations, and policies to ensure that--
(A) communities of color, indigenous communities,
and low-income communities have access to public
information and opportunities for meaningful public
participation with respect to human health and
environmental planning, regulations, and enforcement;
(B) no community of color, indigenous community, or
low-income community is exposed to a disproportionate
burden of the negative human health and environmental
impacts of pollution or other environmental hazards;
and
(C) the 17 principles described in the document
entitled ``The Principles of Environmental Justice'',
written and adopted at the First National People of
Color Environmental Leadership Summit held on October
24 through 27, 1991, in Washington, DC, are upheld.
(5) Fenceline monitoring.--The term ``fenceline
monitoring'' means continuous, real-time monitoring of ambient
air quality around the entire perimeter of a facility.
(6) Frontline community.--
(A) In general.--The term ``frontline community''
means a community located near a covered facility that
has experienced systemic socioeconomic disparities or
other forms of injustice.
(B) Inclusions.--The term ``frontline community''
includes a low-income community, a community that
includes indigenous peoples, and a community of color.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.
(8) Single-use plastic.--
(A) In general.--The term ``single-use plastic''
means a plastic product or packaging that is routinely
disposed of, recycled, or otherwise discarded after a
single use.
(B) Exclusions.--The term ``single-use plastic''
does not include--
(i) medical food, supplements, 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; or
(ii) packaging that is--
(I) for any product described in
clause (i); or
(II) used for the shipment of
hazardous materials that is prohibited
from being composed of used materials
under section 178.509 or section
178.522 of title 49, Code of Federal
Regulations (as in effect on the date
of enactment of this Act).
(9) Temporary pause period.--The term ``temporary pause
period'' means the period--
(A) beginning on the date of enactment of this Act;
and
(B) ending on the date that is the first date on
which all regulations required under subsections (d)
and (e) are in effect.
(10) Zero-emissions energy.--The term ``zero-emissions
energy'' means renewable energy the production of which emits
no greenhouse gases at the production source.
(b) Temporary Pause.--During the temporary pause period,
notwithstanding any other provision of law--
(1) the Administrator shall not issue a new permit for a
covered facility under--
(A) the Clean Air Act (42 U.S.C. 7401 et seq.); or
(B) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(2) the Secretary shall not issue a new permit for a
covered facility under section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344);
(3) the Administrator shall object in writing under
subsections (b) and (c) of section 505 of the Clean Air Act (42
U.S.C. 7661d) or section 402(d)(2) of the Federal Water
Pollution Control Act (33 U.S.C. 1342(d)(2)), as applicable, to
any new permit issued to a covered facility by a State agency
delegated authority under the Clean Air Act (42 U.S.C. 7401 et
seq.) or the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.); and
(4) subject to subsection (g), the export of covered
products is prohibited.
(c) Study.--
(1) In general.--
(A) Agreement.--The Administrator shall offer to
enter into an agreement with the National Academy of
Sciences and the National Institutes of Health to
conduct a study of--
(i) the existing and planned expansion of
the industry of the producers of covered
products, including the entire supply chain,
end uses, disposal fate, and lifecycle impacts
of covered products;
(ii) the environmental justice and
pollution impacts of covered facilities and the
products of covered facilities;
(iii) the existing standard technologies
and practices of covered facilities with
respect to the discharge and emission of
pollutants into the environment; and
(iv) the best available technologies and
practices that reduce or eliminate the
environmental justice and pollution impacts of
covered facilities and the products of covered
facilities.
(B) Failure to enter agreement.--If the
Administrator fails to enter into an agreement
described in subparagraph (A), the Administrator shall
conduct the study described in that subparagraph.
(2) Requirements.--The study under paragraph (1) shall--
(A) consider--
(i) the direct, indirect, and cumulative
environmental impacts of the industries of
covered facilities to date; and
(ii) the impacts of the planned expansion
of those industries, including local, regional,
national, and international air, water, waste,
climate change, public health, and
environmental justice impacts of those
industries; and
(B) recommend technologies, standards, and
practices to remediate or eliminate the local,
regional, national, and international air, water,
waste, climate change, public health, and environmental
justice impacts of covered facilities and the
industries of covered facilities.
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to
Congress a report describing the results of the study under
paragraph (1).
(d) Clean Air.--
(1) Timely revision of emissions standards.--Section
111(b)(1)(B) of the Clean Air Act (42 U.S.C. 7411(b)(1)(B)) is
amended by striking the fifth sentence.
(2) National source performance standards implementation
improvements.--
(A) Zero-emissions energy.--Not later than 3 years
after the date of enactment of this Act, the
Administrator shall promulgate a final rule requiring
that--
(i) covered facilities that manufacture
olefins, including ethylene and propylene, use
only zero-emissions energy sources, except to
the extent that waste gases are recycled; and
(ii) covered facilities that manufacture
low-density polyethylene, linear low-density
polyethylene, high-density polyethylene,
styrene, vinyl chloride, or synthetic organic
fibers use only zero-emissions energy sources,
except to the extent that waste gases are
recycled, unless the Administrator--
(I) determines that under certain
conditions (such as during the
commencement or shut down of production
at a covered facility), expenditures of
energy that are not from zero-emissions
energy sources are required; and
(II) publishes the determination
under subclause (I) and a proposed
mixture of zero-emissions energy and
non-zero-emissions energy for those
conditions in a rulemaking.
(B) New source performance standards for certain
facilities.--Not later than 3 years after the date of
enactment of this Act, the Administrator shall
promulgate a final rule--
(i) designating ethylene, propylene,
polyethylene, and polypropylene production
facilities as a category of stationary source
under section 111(b)(1)(A) of the Clean Air Act
(42 U.S.C. 7411(b)(1)(A)); and
(ii) establishing new source performance
standards for the category of stationary source
designated under clause (i) under section
111(f)(1) of the Clean Air Act (42 U.S.C.
7411(f)(1)).
(C) Storage vessels for covered products.--Not
later than 3 years after the date of enactment of this
Act, the Administrator shall promulgate a final rule
modifying section 60.112b(a) of title 40, Code of
Federal Regulations (as in effect on the date of
enactment of this Act), to ensure that an owner or
operator of a storage vessel containing liquid with a
vapor pressure of equal to or more than 5 millimeters
of mercury under actual storage conditions that is
regulated under that section uses--
(i) an internal floating roof tank
connected to a volatile organic compound
control device; or
(ii) a fixed-roof tank connected to a
volatile organic compound control device.
(D) Flaring.--Not later than 30 days after the date
of enactment of this Act, the Administrator shall
promulgate a final rule--
(i) modifying title 40, Code of Federal
Regulations (as in effect on the date of
enactment of this Act), to ensure that flaring,
either at ground-level or elevated, shall only
be permitted when necessary solely for safety
reasons; and
(ii) modifying sections 60.112b(a)(3)(ii),
60.115b(d)(1), 60.482-10a(d), 60.662(b),
60.702(b), and 60.562-1(a)(1)(i)(C) of title
40, Code of Federal Regulations (as in effect
on the date of enactment of this Act), to
ensure that--
(I) references to flare standards
under those sections refer to the flare
standards established under clause (i);
and
(II) the flare standards under
those sections are, without exception,
continuously applied.
(E) SOCMI equipment leaks.--Not later than 3 years
after the date of enactment of this Act, the
Administrator shall promulgate a final rule--
(i) modifying section 60.482-1a of title
40, Code of Federal Regulations (as in effect
on the date of enactment of this Act), to
ensure that, whenever possible, owners and
operators use process units and components with
a leak-less or seal-less design;
(ii) modifying section 60.482-1a(f) of
title 40, Code of Federal Regulations (as in
effect on the date of enactment of this Act),
to ensure that owners and operators use optical
gas imaging monitoring pursuant to section
60.5397a of title 40, Code of Federal
Regulations (as in effect on the date of
enactment of this Act), on a quarterly basis,
unless the owner or operator receives approval
from the Administrator in writing to use Method
21 of the Environmental Protection Agency (as
described in appendix A-7 of part 60 of title
40, Code of Federal Regulations (as in effect
on the date of enactment of this Act)) with a
repair threshold of 500 parts per million;
(iii) modifying 60.482-6a of title 40, Code
of Federal Regulations (as in effect on the
date of enactment of this Act), to ensure that
the use of open-ended valves or lines is
prohibited except if a showing is made that the
use of an open-ended valve or line is necessary
for safety reasons; and
(iv) modifying subpart VVa of part 60 of
title 40, Code of Federal Regulations (as in
effect on the date of enactment of this Act),
to ensure that--
(I) the term ``no detectable
emissions'' is defined to mean an
instrument reading of less than 50
parts per million above background
concentrations; and
(II) the term ``leak'' is defined
to mean an instrument reading of
greater than or equal to 50 parts per
million above background
concentrations.
(F) Natural-gas fired steam boilers.--Not later
than 3 years after the date of enactment of this Act,
the Administrator shall promulgate a final rule
revising subpart Db of part 60 of title 40, Code of
Federal Regulations (as in effect on the date of
enactment of this Act), to ensure that boilers or
heaters located at an affected covered facility
regulated under that subpart may only burn gaseous
fuels, not solid fuels or liquid fuels.
(G) Monitoring.--Not later than 3 years after the
date of enactment of this Act, the Administrator shall
promulgate a final rule revising subparts DDD, NNN,
RRR, and other relevant subparts of part 60 of title
40, Code of Federal Regulations (as in effect on the
date of enactment of this Act)--
(i) to require continuous emissions
monitoring of nitrogen oxides, sulfur dioxide,
carbon monoxide, and filterable particulate
matter for all combustion devices except for
non-enclosed flares, including during startups,
shutdowns, and malfunctions of the facilities
regulated by those subparts;
(ii) to require--
(I) accurate and continuous
recordkeeping when continuous
monitoring is required under clause
(i); and
(II) the records required under
subclause (I) to be made available to
the public; and
(iii) to require fenceline monitoring under
section 63.658 of title 40, Code of Federal
Regulations (as in effect on the date of
enactment of this Act), for nitrogen oxides,
sulfur dioxide, carbon monoxide, filterable and
condensable particulate matter, and all other
relevant hazardous air pollutants.
(3) National emission standards for hazardous air
pollutants implementation improvements.--
(A) Equipment leaks of benzene.--Not later than 3
years after the date of enactment of this Act, the
Administrator shall promulgate a final rule modifying
section 61.112 of title 40, Code of Federal Regulations
(as in effect on the date of enactment of this Act),
that strikes subsection (c).
(B) Benzene waste operations.--Not later than 3
years after the date of enactment of this Act, the
Administrator shall promulgate a final rule modifying
subpart FF of part 61 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of
this Act), to ensure that--
(i) the term ``no detectable emissions'' is
defined to mean an instrument reading of less
than 50 parts per million above background
concentrations; and
(ii) the term ``leak'' is defined to mean
an instrument reading of greater than or equal
to 50 parts per million above background
concentrations.
(C) Maximum achievable control technology standards
for covered facilities.--Not later than 3 years after
the date of enactment of this Act, the Administrator
shall--
(i) promulgate a final rule modifying
subpart YY of part 63 of title 40, Code of
Federal Regulations (as in effect on the date
of enactment of this Act), to ensure that--
(I) the generic maximum achievable
control technology standards described
in that subpart--
(aa) require no detectable
emissions of hazardous air
pollutants, unless the
Administrator--
(AA) determines
that the maximum degree
of reduction in
emissions of hazardous
air pollutants
achievable pursuant to
section 112(d)(2) of
the Clean Air Act (42
U.S.C. 7412(d)(2))
justifies higher
limits; and
(BB) publishes the
determination under
subitem (AA) and the
proposed higher limits
in a rulemaking;
(bb) ensure an ample margin
of safety to protect public
health and prevent an adverse
environmental effect; and
(cc) prevent adverse
cumulative effects to fetal
health, the health of children,
and the health of vulnerable
subpopulations; and
(II) the term ``no detectable
emissions'', as required under
subclause (I)(aa), is defined to mean
an instrument reading of less than 50
parts per million above background
concentrations; and
(ii) in promulgating the final rule
required in clause (i)(I), consider--
(I) the effects and risks of
exposure from multiple sources of
hazardous air pollutants under the
subpart modified under that clause; and
(II) the best available science,
including science provided by the
National Academies of Science.
(e) Clean Water.--
(1) Revised effluent limitation guidelines for the organic
chemical, plastics, and synthetic fibers industrial category.--
(A) BAT and nsps standards for plastic polymer
production.--Not later than 3 years after the date of
enactment of this Act, the Administrator shall
promulgate a final rule--
(i) that ensures that the best available
technology limitations described in part 414 of
title 40, Code of Federal Regulations (as
modified under clause (ii)), applies to covered
facilities that produce fewer than 5,000,001
pounds of covered products per year;
(ii) modifying part 414 of title 40, Code
of Federal Regulations (as in effect on the
date of enactment of this Act), to ensure that
the best available technology and new source
performance standard requirements under that
part reflect updated best available technology
and best available demonstrated control
technology for all pollutants discharged by
covered facilities that produce covered
products, including pollutants of concern that
are not regulated on the date of enactment of
this Act; and
(iii) modifying sections 414.91(b),
414.101(b), and 414.111(b) of title 40, Code of
Federal Regulations (as in effect on the date
of enactment of this Act), to ensure that--
(I) for new source performance
standards for applicable covered
facilities producing covered products,
the maximum effluent limit for any 1
day and for any monthly average for the
priority pollutants described in
appendix A to part 423 of title 40,
Code of Federal Regulations (as in
effect on the date of enactment of this
Act), is 0 milligrams per liter unless
the Administrator--
(aa) determines that higher
limits are justified using best
available demonstrated control
technology; and
(bb) publishes the
determination under item (aa)
and the proposed higher limits
in a rulemaking; and
(II) for best available technology
and new source performance standards,
the maximum effluent limit for any 1
day and for any monthly average for
total plastic pellets and other plastic
material is 0 milligrams per liter.
(B) Effluent limitations for runoff from plastic
polymer production and plastic molding and forming
facilities.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall
promulgate a final rule modifying parts 414 and 463 of
title 40, Code of Federal Regulations (as in effect on
the date of enactment of this Act), to ensure that--
(i) the runoff from facilities regulated
under part 414 or 463 of that title contains,
for any 1 day and for any monthly average, 0
milligrams per liter of plastic pellets or
other plastic materials; and
(ii) the requirement under clause (i) is
reflected in all stormwater and other permits
issued by the Administrator and State-delegated
programs under section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342), in
addition to other applicable limits and
standards.
(C) Effluent limitations for runoff from facilities
that transport and package plastic pellets or other
plastic materials.--Not later than 180 days after the
date of enactment of this Act, the Administrator
shall--
(i) identify, in addition to the facilities
described in subparagraph (B)(i), other sources
of runoff or other pollution consisting of
plastic pellets or other plastic materials into
navigable waters (as defined in section 502 of
the Federal Water Pollution Control Act (33
U.S.C. 1362)); and
(ii) promulgate a final rule that--
(I) limits the discharge of plastic
pellets or other plastic materials in
wastewater and runoff from facilities
identified under clause (i) to, for any
1 day and for any monthly average, 0
milligrams per liter; and
(II) requires the limitation under
subclause (I) to be reflected in all
stormwater and other permits issued by
the Administrator and State-delegated
programs under section 402 of the
Federal Water Pollution Control Act (33
U.S.C. 1342), in addition to other
applicable limits and standards.
(2) Revised effluent limitations guidelines for ethylene
and propylene production.--
(A) BAT and nsps standards.--Not later than 3 years
after the date of enactment of this Act, the
Administrator shall promulgate a final rule--
(i) modifying sections 419.23, 419.26,
419.33, and 419.36 of title 40, Code of Federal
Regulations (as in effect on the date of
enactment of this Act), to ensure that the best
available technology and new source performance
standards reflect updated best available
technology and best available demonstrated
control technology for all pollutants
discharged by covered facilities producing
ethylene or propylene; and
(ii) modifying sections 419.26(a) and
419.36(a) of title 40, Code of Federal
Regulations (as in effect on the date of
enactment of this Act), to ensure that the new
source performance standards for any 1 day and
for average of daily values for 30 consecutive
days for the priority pollutants described in
appendix A to part 423 of title 40, Code of
Federal Regulations (as in effect on the date
of enactment of this Act), is 0 milligrams per
liter unless the Administrator--
(I) determines that higher limits
are justified using best available
demonstrated control technology; and
(II) the Administrator publishes
the determination under item (aa) and
the proposed higher limits in a
rulemaking.
(B) Runoff limitations for ethylene and propylene
production.--Not later than 3 years after the date of
enactment of this Act, the Administrator shall
promulgate a final rule modifying sections 419.26(e)
and 419.36(e) of title 40, Code of Federal Regulations
(as in effect on the date of enactment of this Act), to
ensure that runoff limitations that reflect best
available demonstrated control technology are included.
(f) Environmental Justice Requirements for Covered Facility
Permits.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Administrator shall promulgate a
final rule to ensure that--
(A) any proposed permit to be issued by the
Administrator or by a State agency delegated authority
under the Clean Air Act (42 U.S.C. 7401 et seq.) or the
Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.) with respect to a covered facility is accompanied
by an environmental justice assessment that--
(i) assesses the direct and cumulative
economic, environmental, and public health
impacts of the proposed permit on frontline
communities; and
(ii) proposes changes or alterations to the
proposed permit that would, to the maximum
extent practicable, eliminate or mitigate the
impacts described in clause (i);
(B) each proposed permit and environmental justice
assessment described in subparagraph (A) is delivered
to applicable frontline communities at the beginning of
the public comment period for the proposed permit,
which shall include notification through--
(i) direct means; and
(ii) publications likely to be obtained by
residents of the frontline community;
(C) the Administrator or a State agency delegated
authority under the Clean Air Act (42 U.S.C. 7401 et
seq.) or the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), as applicable, shall not approve
a proposed permit described in subparagraph (A)
unless--
(i) changes or alterations have been
incorporated into the proposed permit that, to
the maximum extent practicable, eliminate or
mitigate the environmental justice impacts
described in subparagraph (A)(i); and
(ii) the changes or alterations described
in clause (i) have been developed with input
from residents or representatives of the
frontline community in which the covered
facility to which the proposed permit would
apply is located or seeks to locate; and
(D) the approval of a proposed permit described in
subparagraph (A) is conditioned on the covered facility
providing comprehensive fenceline monitoring and
response strategies that fully protect public health
and safety and the environment in frontline
communities.
(2) Requirement.--The Administrator shall develop the final
rule required under paragraph (1) with input from--
(A) residents of frontline communities; and
(B) representatives of frontline communities.
(g) Extended Producer Responsibility for International Plastic
Exports.--The temporary pause on the export of covered products under
subsection (b)(4) shall remain in place until the Secretary of Commerce
promulgates a final rule that--
(1) requires the tracking of covered products from sale to
disposal;
(2) prohibits the export of covered products to purchasers
that convert those plastics into single-use plastics;
(3) requires the Secretary of Commerce, not less frequently
than once every 2 years and in consultation with the
Administrator and the Secretary of Health and Human Services,
to publish a report measuring and evaluating the environmental
and environmental justice impacts of exporting covered products
from sale to disposal; and
(4) establishes enforceable mechanisms for sellers or
purchasers of covered products to mitigate the environmental
and environmental justice impacts of those covered products
from sale to disposal.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Transportation and Infrastructure, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Transportation and Infrastructure, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Transportation and Infrastructure, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Transportation and Infrastructure, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Water Resources and Environment.
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