[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 351 Reported in Senate (RS)] <DOC> Calendar No. 7 119th CONGRESS 1st Session S. 351 To establish a pilot grant program to improve recycling accessibility, to require the Administrator of the Environmental Protection Agency to carry out certain activities to collect and disseminate data on recycling and composting programs in the United States, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 30, 2025 Mrs. Capito (for herself, Mr. Whitehouse, and Mr. Boozman) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works February 5, 2025 Reported by Mrs. Capito, without amendment _______________________________________________________________________ A BILL To establish a pilot grant program to improve recycling accessibility, to require the Administrator of the Environmental Protection Agency to carry out certain activities to collect and disseminate data on recycling and composting programs in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strategies To Eliminate Waste and Accelerate Recycling Development Act of 2025'' or the ``STEWARD Act of 2025''. SEC. 2. RECYCLING INFRASTRUCTURE AND ACCESSIBILITY IMPROVEMENTS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Curbside recycling.--The term ``curbside recycling'' means the process by which residential recyclable materials are picked up curbside. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a State (as defined in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903)); (B) a unit of local government; (C) an Indian Tribe; and (D) a public-private partnership or entities seeking to establish a public-private partnership. (4) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (5) Materials recovery facility.-- (A) In general.--The term ``materials recovery facility'' means a dedicated facility where primarily residential recyclable materials, which are diverted from disposal by a generator and collected separately from municipal solid waste, are mechanically or manually sorted into commodities for further processing into specification-grade commodities for sale to end users. (B) Exclusion.--The term ``materials recovery facility'' does not include a solid waste management facility that may process municipal solid waste to remove recyclable materials. (6) Pilot grant program.--The term ``pilot grant program'' means the Recycling Infrastructure and Accessibility Program established under subsection (b). (7) Recyclable material.--The term ``recyclable material'' means a material that is obsolete, previously used, off- specification, surplus, or incidentally produced for processing into a specification-grade commodity for which a reuse market currently exists or is being developed. (8) Transfer station.--The term ``transfer station'' means a facility that-- (A) receives and consolidates recyclable material from curbside recycling or drop-off facilities; and (B) loads the recyclable material onto tractor trailers, railcars, or barges for transport to a distant materials recovery facility or another recycling-related facility. (9) Underserved community.--The term ``underserved community'' means a community, including an unincorporated area, without access to full recycling services because-- (A) transportation, distance, or other reasons render utilization of available processing capacity at an existing materials recovery facility cost prohibitive; or (B) the processing capacity of an existing materials recovery facility is insufficient to manage the volume of recyclable materials produced by that community. (b) Establishment.--Not later than 18 months after the date of enactment of this Act, the Administrator shall establish a pilot grant program, to be known as the ``Recycling Infrastructure and Accessibility Program'', to award grants, on a competitive basis, to eligible entities to improve recycling accessibility in a community or communities within the same geographic area. (c) Goal.--The goal of the pilot grant program is to fund eligible projects that will significantly improve accessibility to recycling systems through investments in infrastructure in underserved communities through the use of a hub-and-spoke model for recycling infrastructure development. (d) Applications.--To be eligible to receive a grant under the pilot grant program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (e) Considerations.--In selecting eligible entities to receive a grant under the pilot grant program, the Administrator shall consider-- (1) whether the community or communities in which the eligible entity is seeking to carry out a proposed project has curbside recycling; (2) whether the proposed project of the eligible entity will improve accessibility to recycling services in a single underserved community or multiple underserved communities; and (3)(A) if the eligible entity is a public-private partnership, the financial health of the private entity seeking to enter into that public-private partnership; or (B) if the eligible entity is seeking to establish a public-private partnership, the financial health of the private entities that would participate in the public-private partnership. (f) Priority.--In selecting eligible entities to receive a grant under the pilot grant program, the Administrator shall give priority to eligible entities seeking to carry out a proposed project in a community in which there is not more than 1 materials recovery facility within a 75-mile radius of that community. (g) Use of Funds.--An eligible entity awarded a grant under the pilot grant program may use the grant funds for projects to improve recycling accessibility in communities, including in underserved communities, by-- (1) increasing the number of transfer stations; (2) expanding curbside recycling collection programs where appropriate; and (3) leveraging public-private partnerships to reduce the costs associated with collecting and transporting recyclable materials in underserved communities. (h) Prohibition on Use of Funds.--An eligible entity awarded a grant under the pilot grant program may not use the grant funds for projects relating to recycling education programs. (i) Minimum and Maximum Grant Amount.--A grant awarded to an eligible entity under the pilot grant program shall be in an amount-- (1) not less than $500,000; and (2) not more than $15,000,000. (j) Set-Aside.--The Administrator shall set aside not less than 70 percent of the amounts made available to carry out the pilot grant program for each fiscal year to award grants to eligible entities to carry out a proposed project or program in a single underserved community or multiple underserved communities. (k) Federal Share.--The Federal share of the cost of a project or program carried out by an eligible entity using grant funds shall be not more than 95 percent. (l) Report.--Not later than 2 years after the date on which the first grant is awarded under the pilot grant program, the Administrator shall submit to Congress a report describing the implementation of the pilot grant program, which shall include-- (1) a list of eligible entities that have received a grant under the pilot grant program; (2) the actions taken by each eligible entity that received a grant under the pilot grant program to improve recycling accessibility with grant funds; and (3) to the extent information is available, a description of how grant funds received under the pilot grant program improved recycling rates in each community in which a project or program was carried out under the pilot grant program. (m) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Administrator to carry out the pilot grant program $30,000,000 for each of fiscal years 2025 through 2029, to remain available until expended. (2) Administrative costs and technical assistance.--Of the amounts made available under paragraph (1), the Administrator may use up to 5 percent-- (A) for administrative costs relating to carrying out the pilot grant program; and (B) to provide technical assistance to eligible entities applying for a grant under the pilot grant program. SEC. 3. RECYCLING AND COMPOSTING DATA COLLECTION. (a) Definitions.-- (1) In general.--In this section: (A) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (B) Compost.--The term ``compost'' means a product that-- (i) is manufactured through the controlled aerobic, biological decomposition of biodegradable materials; (ii) has been subjected to medium and high temperature organisms, which-- (I) significantly reduce the viability of pathogens and weed seeds; and (II) stabilize carbon in the product such that the product is beneficial to plant growth; and (iii) is typically used as a soil amendment, but may also contribute plant nutrients. (C) Compostable material.--The term ``compostable material'' means material that is a feedstock for creating compost, including-- (i) wood; (ii) agricultural crops; (iii) paper, such as cardboard and other paper products; (iv) certified compostable products associated with organic waste; (v) other organic plant material; (vi) organic waste, including food waste and yard waste; and (vii) such other material that is composed of biomass that can be continually replenished or renewed, as determined by the Administrator. (D) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (E) Recyclable material.--The term ``recyclable material'' means a material that is obsolete, previously used, off-specification, surplus, or incidentally produced for processing into a specification-grade commodity for which a reuse market currently exists or is being developed. (F) Recycling.--The term ``recycling'' means the series of activities-- (i) during which recyclable materials are processed into specification-grade commodities and consumed as raw-material feedstock, in lieu of virgin materials, in the manufacturing of new products; (ii) that may, with regard to recyclable materials and prior to the activities described in clause (i), include sorting, collection, processing, and brokering; and (iii) that result, subsequent to processing described in clause (i), in consumption by a materials manufacturer, including for the manufacturing of new products. (G) State.--The term ``State'' has the meaning given the term in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903). (2) Definition of processing.--In subparagraphs (E) and (F) of paragraph (1), the term ``processing'' means any mechanical, manual, or other method that-- (A) transforms a recyclable material into a specification-grade commodity; and (B) may occur in multiple steps, with different phases, including sorting, occurring at different locations. (b) Reports on Composting and Recycling Infrastructure Capabilities.-- (1) In general.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following: ``SEC. 4011. REPORTS ON COMPOSTING AND RECYCLING INFRASTRUCTURE CAPABILITIES. ``(a) Definitions.--In this section: ``(1) Incorporation of certain terms.--The terms `compost', `compostable material', `recyclable material', and `recycling' have the meanings given the terms in section 3(a) of the Strategies To Eliminate Waste and Accelerate Recycling Development Act of 2025. ``(2) Composting facility.--The term `composting facility' means a location, structure, or device that transforms compostable materials into compost. ``(3) Indian tribe.--The term `Indian Tribe' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). ``(4) Materials recovery facility.-- ``(A) In general.--The term `materials recovery facility' means a dedicated facility where primarily residential recyclable materials, which are diverted from disposal by the generator and collected separately from municipal solid waste, are mechanically or manually sorted into commodities for further processing into specification-grade commodities for sale to end users. ``(B) Exclusion.--The term `materials recovery facility' does not include a solid waste management facility that may process municipal solid waste to remove recyclable materials. ``(C) Definition of processing.--For purposes of this paragraph, the term `processing' has the meaning given the term in section 3(a)(2) of the Strategies To Eliminate Waste and Accelerate Recycling Development Act of 2025. ``(b) Report.-- ``(1) In general.--The Administrator shall request information and data from, collaborate with, or contract with, as necessary and appropriate, States, units of local government, and Indian Tribes, for the provision, preparation, and publication of a report, or to expand work under the National Recycling Strategy to include information and data, on compostable materials and efforts to reduce contamination rates for recycling, including-- ``(A) an evaluation of existing Federal, State, and local laws that may present barriers to implementation of composting strategies; ``(B) a description and evaluation of composting infrastructure and programs within States, units of local government, and Indian Tribes; ``(C) an estimate of the costs and approximate land needed to expand composting programs; and ``(D) a review of the practices of manufacturers and companies that are moving to using compostable packaging and food service ware for the purpose of making the composting process the end-of-life use of those products. ``(2) Submission.--Not later than 2 years after the date of enactment of this section, the Administrator shall submit to Congress the report prepared under paragraph (1). ``(c) Inventory of Materials Recovery Facilities.--Not later than 3 years after the date of enactment of this section, and every 4 years thereafter, the Administrator, in consultation with relevant Federal agencies and States, units of local government, and Indian Tribes, shall-- ``(1) prepare an inventory or estimate of materials recovery facilities in the United States, including-- ``(A) the number of materials recovery facilities in each State; and ``(B) a general description of the materials that each of those materials recovery facilities can process, including-- ``(i) in the case of plastic, a description of-- ``(I) the types of accepted resin, if applicable; and ``(II) the packaging or product format, such as a jug, a carton, or film; ``(ii) food packaging and service ware, such as a bottle, cutlery, or a cup; ``(iii) paper; ``(iv) aluminum, such as an alumi