Introduced in House Passed House Introduced in Senate Passed Senate To President Became Law
02/11/2020          

Break Free From Plastic Pollution Act of 2020

Date Version PDF TXT
02/11/2020 Introduced in House Open

            I 

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 pollu-
tion 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. BARRAGÁN, 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 Cali-
fornia, Ms. MCCOLLUM, Mr. MOULTON, Ms. NORTON, Mr. PANETTA, Ms. 
PINGREE, Mr. RASKIN, Mr. ROUDA, Mr. SARBANES, Ms. SCHAKOWSKY, 
Mr. SUOZZI, Ms. TLAIB, Ms. VELÁZQUEZ, Ms. WATERS, and Mr. 
WELCH) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Ways and Means, Transportation and Infrastructure, and Foreign Af-
fairs, 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 pro-

duction 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 

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entering into animal and human food chains and water-
ways, and for other purposes. 

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE. 3

This Act may be cited as the ‘‘Break Free From 4

Plastic Pollution Act of 2020’’. 5

SEC. 2. PRODUCER RESPONSIBILITY FOR PRODUCTS AND 6

PACKAGING. 7

(a) IN GENERAL.—The Solid Waste Disposal Act (42 8

U.S.C. 6901 et seq.) is amended by adding at the end 9

the following: 10

‘‘Subtitle K—Producer Responsi-11
bility for Products and Pack-12
aging 13

‘‘SEC. 12001. DEFINITIONS. 14

‘‘In this subtitle: 15

‘‘(1) ADVISORY COMMITTEE.—The term ‘advi-16

sory committee’ means an advisory committee estab-17

lished by an Organization under section 12102(c). 18

‘‘(2) BEVERAGE.— 19

‘‘(A) IN GENERAL.—The term ‘beverage’ 20

means any drinkable liquid intended for human 21

oral consumption, including— 22

‘‘(i) water; 23

‘‘(ii) flavored water; 24

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‘‘(iii) soda water; 1

‘‘(iv) mineral water; 2

‘‘(v) beer; 3

‘‘(vi) a malt beverage; 4

‘‘(vii) a carbonated soft drink; 5

‘‘(viii) liquor; 6

‘‘(ix) tea; 7

‘‘(x) coffee; 8

‘‘(xi) hard cider; 9

‘‘(xii) fruit juice; 10

‘‘(xiii) an energy or sports drink; 11

‘‘(xiv) coconut water; 12

‘‘(xv) wine; 13

‘‘(xvi) a yogurt drink; 14

‘‘(xvii) a probiotic drink; 15

‘‘(xviii) a wine cooler; and 16

‘‘(xix) any other beverage determined 17

to be appropriate by the Administrator. 18

‘‘(B) EXCLUSIONS.—The term ‘beverage’ 19

does not include— 20

‘‘(i) a drug regulated under the Fed-21

eral Food, Drug, and Cosmetic Act (21 22

U.S.C. 301 et seq.); 23

‘‘(ii) infant formula; or 24

‘‘(iii) a meal replacement liquid. 25

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‘‘(3) BEVERAGE CONTAINER.— 1

‘‘(A) IN GENERAL.—The term ‘beverage 2

container’ means a prepackaged beverage con-3

tainer— 4

‘‘(i) made of any material, including 5

glass, plastic, metal, and multimaterial; 6

and 7

‘‘(ii) the volume of which is not more 8

than 3 liters. 9

‘‘(B) EXCLUSION.—The term ‘beverage 10

container’ does not include a covered product of 11

any material used to sell a prepackaged bev-12

erage, such as— 13

‘‘(i) a carton; 14

‘‘(ii) a pouch; or 15

‘‘(iii) aseptic packaging, such as a 16

drink box. 17

‘‘(C) INCLUSION.—Notwithstanding sub-18

paragraphs (A) and (B), for purposes of the 19

program under section 12104, the term ‘bev-20

erage container’ includes a container for a bev-21

erage that is not described in those subpara-22

graphs, such as a carton, pouch, or drink box, 23

the responsible party for which elects to partici-24

pate in the program under that section. 25

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‘‘(4) COMPOSTABLE.— 1

‘‘(A) IN GENERAL.—The term ‘compost-2

able’ means, with respect to a covered product, 3

that the covered product— 4

‘‘(i)(I) meets the ASTM International 5

standard specification for compostable 6

products numbered D6400 or D6868— 7

‘‘(aa) as in effect on the date of 8

enactment of this subtitle; or 9

‘‘(bb) as revised after the date of 10

enactment of this subtitle, if the revi-11

sion is approved by the Administrator; 12

and 13

‘‘(II) is labeled to reflect that the cov-14

ered product meets a standard described in 15

subclause (I); 16

‘‘(ii) is certified as a compostable 17

product by an independent party that is 18

approved by the Administrator; or 19

‘‘(iii) comprises only— 20

‘‘(I) wood without any coatings, 21

additives, or toxic substances; or 22

‘‘(II) fiber without any coatings, 23

additives, or toxic substances. 24

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‘‘(B) EXCLUSION.—The term ‘compost-1

able’ shall not apply to paper. 2

‘‘(5) COVERED ENTITY.—The term ‘covered en-3

tity’ means a single family or multifamily dwelling 4

or publicly owned land (such as a sidewalk, plaza, 5

and park) for which a recycling collection service is 6

provided. 7

‘‘(6) COVERED PRODUCT.— 8

‘‘(A) IN GENERAL.—The term ‘covered 9

product’ means, regardless of recyclability, 10

compostability, and material type— 11

‘‘(i) packaging; 12

‘‘(ii) a food service product; 13

‘‘(iii) paper; 14

‘‘(iv) a single-use product that is not 15

subject to the prohibition under section 16

12202(c); and 17

‘‘(v) a container for a beverage that is 18

not described in subparagraphs (A) and 19

(B) of paragraph (3), such as a carton, 20

pouch, or aseptic packaging, such as a 21

drink box, the responsible party for which 22

does not elect to participate in the pro-23

gram under section 12104. 24

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‘‘(B) EXCLUSION.—The term ‘covered 1

product’ does not include a beverage container. 2

‘‘(7) COVERED RETAIL OR SERVICE ESTABLISH-3

MENT.—The term ‘covered retail or service estab-4

lishment’ means a store, grocery store, restaurant, 5

beverage provider, vendor, hotel, motel, or other re-6

tail or service establishment operating in the United 7

States. 8

‘‘(8) FOOD SERVICE PRODUCT.—The term ‘food 9

service product’ means an item intended to deliver a 10

food product, regardless of the recyclability or 11

compostability of the item, including— 12

‘‘(A) a utensil; 13

‘‘(B) a straw; 14

‘‘(C) a drink cup; 15

‘‘(D) a drink lid; 16

‘‘(E) a food package; 17

‘‘(F) a food container; 18

‘‘(G) a plate; 19

‘‘(H) a bowl; 20

‘‘(I) a meat tray; and 21

‘‘(J) a food wrap. 22

‘‘(9) ORGANIZATION.—The term ‘Organization’ 23

means a Producer Responsibility Organization estab-24

lished under section 12102(a)(1). 25

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‘‘(10) PACKAGING.— 1

‘‘(A) IN GENERAL.—The term ‘packaging’ 2

means— 3

‘‘(i) any package or container, regard-4

less of recyclability or compostability; and 5

‘‘(ii) any part of a package or con-6

tainer, regardless of recyclability or 7

compostability, that includes material that 8

is used for the containment, protection, 9

handling, delivery, and presentation of 10

goods that are sold, offered for sale, or dis-11

tributed to consumers in the United 12

States, including through an internet 13

transaction. 14

‘‘(B) INCLUSIONS.—The term ‘packaging’ 15

includes— 16

‘‘(i) packaging intended for the con-17

sumer market; 18

‘‘(ii) service packaging designed and 19

intended to be used or filled at the point 20

of sale, such as carry-out bags, bulk good 21

bags, take-out bags, and home delivery 22

food service packaging; 23

‘‘(iii) secondary packaging used to 24

group products for multiunit sale; 25

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‘‘(iv) tertiary packaging used for 1

transportation or distribution directly to a 2

consumer; and 3

‘‘(v) ancillary elements hung or at-4

tached to a product and performing a 5

packaging function. 6

‘‘(C) EXCLUSION.—The term ‘packaging’ 7

does not include packaging— 8

‘‘(i) used for the long-term protection 9

or storage of a product; and 10

‘‘(ii) with a life of not less than 5 11

years. 12

‘‘(11) PAPER.— 13

‘‘(A) IN GENERAL.—The term ‘paper’ 14

means paper that is sold, offered for sale, deliv-15

ered, or distributed to a consumer or business 16

in the United States. 17

‘‘(B) INCLUSIONS.—The term ‘paper’ in-18

cludes— 19

‘‘(i) newsprint and inserts; 20

‘‘(ii) magazines and catalogs; 21

‘‘(iii) direct mail; 22

‘‘(iv) office paper; and 23

‘‘(v) telephone directories. 24

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‘‘(C) EXCLUSIONS.—The term ‘paper’ does 1

not include— 2

‘‘(i) a paper product that, due to the 3

intended use of the paper product, could 4

become unsafe or unsanitary to recycle; or 5

‘‘(ii) a bound book. 6

‘‘(12) PLAN.—The term ‘Plan’ means a Prod-7

uct Stewardship Plan described in section 12105. 8

‘‘(13) PROGRAM.—The term ‘Program’ means a 9

Product Stewardship Program established under sec-10

tion 12102(a)(2). 11

‘‘(14) RECYCLABLE.—The term ‘recyclable’ 12

means, with respect to a covered product or beverage 13

container, that— 14

‘‘(A) the covered product or beverage con-15

tainer is economically and technically recyclable 16

in current United States market conditions; 17

‘‘(B) United States processing capacity is 18

in operation to recycle, with the geographical 19

distribution of the capacity aligned with the 20

population of geographical regions of the 21

United States, of the total quantity of the cov-22

ered product or beverage container— 23

‘‘(i) for each of calendar years 2020 24

through 2024, not less than 25 percent; 25

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‘‘(ii) for each of calendar years 2025 1

through 2029, not less than 35 percent; 2

‘‘(iii) for each of calendar years 2030 3

through 2034, not less than 50 percent; 4

and 5

‘‘(iv) for calendar year 2035 and each 6

calendar year thereafter, not less than 60 7

percent; and 8

‘‘(C) the consumer that uses the covered 9

product or beverage container is not required to 10

remove an attached component of the covered 11

product or beverage container, such as a shrink 12

sleeve, label, or filter, before the covered prod-13

uct or beverage container can be recycled. 14

‘‘(15) RECYCLE.— 15

‘‘(A) IN GENERAL.—The term ‘recycle’ 16

means the series of activities by which a cov-17

ered product is— 18

‘‘(i) collected, sorted, and processed; 19

and 20

‘‘(ii)(I) converted into a raw material 21

with minimal loss of material quality; 22

‘‘(II) used in the production of a new 23

product, including the original product; or 24

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‘‘(III) in the case of composting or or-1

ganic recycling, productively used for soil 2

improvement. 3

‘‘(B) EXCLUSION.—The term ‘recycle’ does 4

not include— 5

‘‘(i) the method of sorting, processing, 6

and aggregating materials from solid waste 7

that does not preserve the original material 8

quality, and, as a result, the aggregated 9

material is no longer usable for its initial 10

purpose or product and can only be used 11

for inferior purposes or products (com-12

monly referred to as ‘downcycling’); 13

‘‘(ii) the use of waste— 14

‘‘(I) as a fuel or fuel substitute; 15

‘‘(II) for energy production; 16

‘‘(III) for alternate operating 17

cover; or 18

‘‘(IV) within the footprint of a 19

landfill; or 20

‘‘(iii) the conversion of waste into al-21

ternative products, such as chemicals, feed-22

stocks, fuels, and energy, through— 23

‘‘(I) pyrolysis; 24

‘‘(II) hydropyrolysis; 25

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‘‘(III) methanolysis; 1

‘‘(IV) gasification; 2

‘‘(V) enzymatic breakdown; or 3

‘‘(VI) a similar technology, as de-4

termined by the Administrator. 5

‘‘(16) RESPONSIBLE PARTY.— 6

‘‘(A) BEVERAGE CONTAINERS.— 7

‘‘(i) IN GENERAL.—With respect to a 8

beverage sold in a beverage container, the 9

term ‘responsible party’ means— 10

‘‘(I) a person that engages in the 11

distribution or sale of the beverage in 12

a beverage container to a retailer in 13

the United States, including any man-14

ufacturer that engages in that sale or 15

distribution; 16

‘‘(II) if subclause (I) does not 17

apply, a person that engages in the 18

sale of the beverage in a beverage con-19

tainer directly to a consumer in the 20

United States; or 21

‘‘(III) if subclauses (I) and (II) 22

do not apply, a person that imports 23

the beverage sold in a beverage con-24

tainer into the United States for use 25

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in a commercial enterprise, sale, offer 1

for sale, or distribution in the United 2

States. 3

‘‘(ii) RELATED DEFINITIONS.—In this 4

subparagraph: 5

‘‘(I) DISTRIBUTOR.—The term 6

‘distributor’ means a person that en-7

gages in the sale of beverages in bev-8

erage containers to a retailer in the 9

United States. 10

‘‘(II) MANUFACTURER.—The 11

term ‘manufacturer’ means a person 12

bottling, canning, or otherwise filling 13

beverage containers for sale to dis-14

tributors, importers, or retailers. 15

‘‘(III) RETAILER.— 16

‘‘(aa) IN GENERAL.—The 17

term ‘retailer’ means a person in 18

the United States that— 19

‘‘(AA) engages in the 20

sale of beverages in beverage 21

containers to a consumer; or 22

‘‘(BB) provides bev-23

erages in beverage con-24

tainers to a person in com-25

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merce, including provision 1

free of charge, such as at a 2

workplace or event. 3

‘‘(bb) INCLUSION.—The 4

term ‘retailer’ includes a person 5

that engages in the sale of or 6

provides beverages in beverage 7

containers, as described in item 8

(aa), through a vending machine 9

or similar means. 10

‘‘(B) COVERED PRODUCTS.—With respect 11

to a covered product, the term ‘responsible 12

party’ means— 13

‘‘(i) a person that manufactures and 14

uses in a commercial enterprise, sells, of-15

fers for sale, or distributes the covered 16

product in the United States under the 17

brand of the manufacturer; 18

‘‘(ii) if clause (i) does not apply, a 19

person that is not the manufacturer of the 20

covered product but is the owner or li-21

censee of a trademark under which the 22

covered product is used in a commercial 23

enterprise, sold, offered for sale, or distrib-24

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uted in the United States, whether or not 1

the trademark is registered; or 2

‘‘(iii) if clauses (i) and (ii) do not 3

apply, a person that imports the covered 4

product into the United States for use in 5

a commercial enterprise, sale, offer for 6

sale, or distribution in the United States. 7

‘‘(17) RESTAURANT.— 8

‘‘(A) IN GENERAL.—The term ‘restaurant’ 9

means an establishment the primary business of 10

which is the preparation of food or beverage— 11

‘‘(i) for consumption by the public; 12

‘‘(ii) in a form or quantity that is 13

consumable immediately at the establish-14

ment, whether or not the food or beverage 15

is consumed within the confines of the 16

place where the food or beverage is pre-17

pared; or 18

‘‘(iii) in a consumable form for con-19

sumption outside the place where the food 20

or beverage is prepared. 21

‘‘(B) INCLUSION.—The term ‘restaurant’ 22

includes a fast food restaurant. 23

‘‘(18) REUSABLE.—The term ‘reusable’ means, 24

with respect to a covered product or beverage con-25

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tainer, that the covered product or beverage con-1

tainer is— 2

‘‘(A) technically feasible to reuse or refill 3

in United States market conditions; and 4

‘‘(B) reusable or refillable for such number 5

of cycles, but not less than 100 cycles, as the 6

Administrator determines to be appropriate for 7

the covered product or beverage container. 8

‘‘(19) SINGLE-USE PRODUCT.— 9

‘‘(A) IN GENERAL.—The term ‘single-use 10

product’ means a consumer product that is rou-11

tinely disposed of, recycled, or otherwise dis-12

carded after a single use. 13

‘‘(B) EXCLUSIONS.—The term ‘single-use 14

product’ does not include— 15

‘‘(i) medical food, supplements, de-16

vices, or other products determined by the 17

Secretary of Health and Human Services 18

to necessarily be made of plastic for the 19

protection of public health; 20

‘‘(ii) a personal hygiene product that, 21

due to the intended use of the product, 22

could become unsafe or unsanitary to recy-23

cle, such as a diaper; or 24

‘‘(iii) packaging that is— 25

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‘‘(I) for any product described in 1

clause (i); or 2

‘‘(II) used for the shipment of 3

hazardous materials that is prohibited 4

from being composed of used mate-5

rials under section 178.509 or 6

178.522 of title 49, Code of Federal 7

Regulations (as in effect on the date 8

of enactment of this subtitle). 9

‘‘(20) TOXIC SUBSTANCE.— 10

‘‘(A) IN GENERAL.—The term ‘toxic sub-11

stance’ means any substance, mixture, or com-12

pound that may cause personal injury or dis-13

ease to humans through ingestion, inhalation, 14

or absorption through any body surface and 15

satisfies one or more of the following condi-16

tions: 17

‘‘(i) The substance, mixture, or com-18

pound is subject to reporting requirements 19

under— 20

‘‘(I) the Emergency Planning 21

and Community Right-To-Know Act 22

of 1986 (42 U.S.C. 11001 et seq.); 23

‘‘(II) the Comprehensive Envi-24

ronmental Response, Compensation, 25

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and Liability Act of 1980 (42 U.S.C. 1

9601 et seq.); or 2

‘‘(III) section 112(r) of the Clean 3

Air Act (42 U.S.C. 7412(r)). 4

‘‘(ii) Testing has produced evidence 5

recognized by the National Institute for 6

Occupational Safety and Health or the En-7

vironmental Protection Agency that the 8

substance, mixture, or compound poses 9

acute or chronic health hazards. 10

‘‘(iii) The Administrator or the Sec-11

retary of Health and Human Services has 12

issued a public health advisory for the sub-13

stance, mixture, or compound. 14

‘‘(iv) Exposure to the substance, mix-15

ture, or compound is shown by expert tes-16

timony recognized by the Environmental 17

Protection Agency to increase the risk of 18

developing a latent disease. 19

‘‘(v) The substance, mixture, or com-20

pound is a perfluoroalkyl or polyfluoroalkyl 21

substance. 22

‘‘(B) EXCLUSIONS.—The term ‘toxic sub-23

stance’ does not include— 24

‘‘(i) a pesticide applied— 25

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20 

•HR 5845 IH

‘‘(I) in accordance with Federal, 1

State, and local laws (including regu-2

lations); and 3

‘‘(II) in accordance with the in-4

structions of the manufacturer of the 5

pesticide; or 6

‘‘(ii) ammunition, a component of am-7

munition, a firearm, an air rifle, discharge 8

of a firearm or an air rifle, hunting or 9

fishing equipment, or a component of 10

hunting or fishing equipment. 11

‘‘(21) UNITED STATES.—The term ‘United 12

States’, when used in a geographical sense, means 13

all of the States. 14

‘‘(22) UTENSIL.— 15

‘‘(A) IN GENERAL.—The term ‘utensil’ 16

means a product designed to be used by a con-17

sumer to facilitate the consumption of a food or 18

beverage. 19

‘‘(B) INCLUSIONS.—The term ‘utensil’ in-20

cludes a knife, a fork, a spoon, a spork, a cock-21

tail pick, a chopstick, a splash stick, and a stir-22

rer. 23

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21 

•HR 5845 IH

‘‘PART I—PRODUCTS IN THE MARKETPLACE 1

‘‘SEC. 12101. EXTENDED PRODUCER RESPONSIBILITY. 2

‘‘(a) IN GENERAL.—Except as provided in subsection 3

(b), beginning on February 1, 2023, each responsible 4

party for any covered product or beverage sold in a bev-5

erage container that is sold, distributed, or imported into 6

the United States shall— 7

‘‘(1) participate as a member of an Organiza-8

tion for which a Plan is approved by the Adminis-9

trator; and 10

‘‘(2) through that participation, satisfy the per-11

formance targets under section 12105(g). 12

‘‘(b) EXEMPTIONS.—A responsible party for a cov-13

ered product or beverage sold in a beverage container, in-14

cluding a responsible party that operates as a single point 15

of retail sale and is not supplied by, or operated as part 16

of, a franchise, shall not be subject to this part if the re-17

sponsible party— 18

‘‘(1)(A) for fiscal year 2021, has an annual rev-19

enue of less than $1,000,000; and 20

‘‘(B) for fiscal year 2022 and each subsequent 21

fiscal year, has an annual revenue of less than the 22

applicable amount during the preceding fiscal year, 23

as adjusted to reflect changes for the 12-month pe-24

riod ending on the preceding November 30 in the 25

Consumer Price Index for All Urban Consumers 26

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22 

•HR 5845 IH

published by the Bureau of Labor Statistics of the 1

Department of Labor; or 2

‘‘(2) is the responsible party for less than 1 ton 3

of covered products or beverage containers in com-4

merce each year. 5

‘‘(c) ENFORCEMENT.— 6

‘‘(1) PROHIBITION.—It shall be unlawful for 7

any person that is a responsible party for a covered 8

product or beverage sold in a beverage container to 9

sell, use, or distribute any covered product or bev-10

erage sold in a beverage container in commerce ex-11

cept in compliance with this part. 12

‘‘(2) CIVIL PENALTY.—Any person that violates 13

paragraph (1) shall be subject to a fine for each vio-14

lation and for each day that the violation occurs in 15

an amount of not more than $70,117. 16

‘‘(3) INJUNCTIVE RELIEF.—The Administrator 17

may bring a civil action to enjoin the sale, distribu-18

tion, or importation into the United States of a cov-19

ered product or beverage sold in a beverage con-20

tainer in violation of this part. 21

‘‘(4) STATE ENFORCEMENT.—The Adminis-22

trator may permit a State to carry out enforcement 23

under paragraph (2) or (3) if the Administrator de-24

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23 

•HR 5845 IH

termines that the State meets such requirements as 1

the Administrator may establish. 2

‘‘(d) INAPPLICABILITY OF THE ANTITRUST LAWS.— 3

The antitrust laws, as defined in the first section of the 4

Clayton Act (15 U.S.C. 12), shall not apply to a respon-5

sible party or Organization that carries out activities in 6

accordance with an approved Plan if the conduct is nec-7

essary to plan and implement the Plan. 8

‘‘SEC. 12102. PRODUCER RESPONSIBILITY ORGANIZATIONS. 9

‘‘(a) IN GENERAL.— 10

‘‘(1) ESTABLISHMENT.—To satisfy the require-11

ment under section 12101(a)(1), one or more re-12

sponsible parties for a category of covered product 13

or beverage sold in a beverage container shall estab-14

lish a Producer Responsibility Organization that 15

shall act as an agent and on behalf of each respon-16

sible party to carry out the responsibilities of the re-17

sponsible party under this part with respect to that 18

category of covered product or beverage sold in a 19

beverage container. 20

‘‘(2) PROGRAM.—An Organization shall estab-21

lish a Product Stewardship Program to carry out 22

the responsibilities of the Organization under this 23

part. 24

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24 

•HR 5845 IH

‘‘(3) COORDINATION.—If more than 1 Organi-1

zation is established under paragraph (1) with re-2

spect to a category of covered product or beverage 3

sold in a beverage container, the Administrator 4

shall— 5

‘‘(A) coordinate and manage those Organi-6

zations; or 7

‘‘(B) establish an entity— 8

‘‘(i) to carry out subparagraph (A); 9

and 10

‘‘(ii) to conduct business between 11

those Organizations and State and local 12

governments. 13

‘‘(4) MULTIPLE ORGANIZATIONS.—A respon-14

sible party— 15

‘‘(A) may participate in more than 1 Orga-16

nization if each Organization is established for 17

a different category of covered products or bev-18

erages sold in beverage containers; and 19

‘‘(B) may participate in— 20

‘‘(i) only 1 national Organization with 21

respect to— 22

‘‘(I) each category of covered 23

products; or 24

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25 

•HR 5845 IH

‘‘(II) beverages sold in beverage 1

containers; or 2

‘‘(ii) only 1 regional Organization with 3

respect to beverages sold in beverage con-4

tainers and each category of covered prod-5

ucts for each region in which the covered 6

products or beverages sold in beverage con-7

tainers produced by the responsible party 8

are sold. 9

‘‘(5) NONPROFIT STATUS.—An Organization 10

shall be established and operated as an organization 11

described in section 501(c)(3) of the Internal Rev-12

enue Code of 1986 and exempt from taxation under 13

501(a) of that Code. 14

‘‘(6) CATEGORIES.—The Administrator, in con-15

sultation with Organizations, shall promulgate regu-16

lations to establish categories of covered products 17

and beverages sold in beverage containers for pur-18

poses of this part. 19

‘‘(b) PARTICIPATION FEES.— 20

‘‘(1) IN GENERAL.—Subject to paragraph (5), 21

an Organization shall charge each responsible party 22

a fee for membership in the Organization in accord-23

ance with this subsection. 24

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26 

•HR 5845 IH

‘‘(2) COMPONENTS.—A fee charged to a respon-1

sible party under paragraph (1) shall include— 2

‘‘(A) costs of management and cleanup in 3

accordance with paragraph (3); and 4

‘‘(B) administrative costs in accordance 5

with paragraph (4). 6

‘‘(3) MANAGEMENT AND CLEANUP COSTS.— 7

‘‘(A) IN GENERAL.—A fee under para-8

graph (1) shall include, with respect to a re-9

sponsible party, the costs of management 10

(which shall include collecting, transporting, 11

processing, recycling, and composting) or clean-12

ing up the covered products or beverage con-13

tainers of the responsible party after consumer 14

use through the applicable Program, including 15

administrative costs. 16

‘‘(B) CONSIDERATIONS.—In determining 17

the costs of management and cleanup described 18

in subparagraph (A) with respect to a respon-19

sible party, an Organization shall, at a min-20

imum, take into account— 21

‘‘(i) the cost to properly manage the 22

applicable category of covered product or 23

beverage container waste; 24

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27 

•HR 5845 IH

‘‘(ii) the cost to assist in cleaning up 1

the covered product or beverage container 2

waste of the responsible party from— 3

‘‘(I) public places; 4

‘‘(II) freshwater and marine envi-5

ronments, to the extent that cleanup 6

can be accomplished without harming 7

the existing marine life and intact 8

ecosystems; and 9

‘‘(III) materials in compost facili-10

ties or other facilities handling or-11

ganic wastes; 12

‘‘(iii) to the extent that cleanup of the 13

covered products or beverage containers 14

from freshwater and marine environments 15

cannot be accomplished without harming 16

the existing freshwater and marine life and 17

intact ecosystems, the cost of other appro-18

priate mitigation measures; 19

‘‘(iv) the higher cost of managing cov-20

ered products that— 21

‘‘(I) bond materials together, 22

making the covered product more dif-23

ficult to recycle, such as plastic bond-24

ed with paper or metal; 25

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28 

•HR 5845 IH

‘‘(II) would typically be recycla-1

ble or compostable, but, as a con-2

sequence of the design of the covered 3

product, has the effect of disrupting 4

recycling or composting processes; 5

‘‘(III) includes labels, inks, lin-6

ers, and adhesives containing heavy 7

metals or other toxic substances; or 8

‘‘(IV) cannot be mechanically re-9

cycled; 10

‘‘(v) the lower cost of managing— 11

‘‘(I) beverage containers that 12

have— 13

‘‘(aa) nondetachable caps; or 14

‘‘(bb) other innovations and 15

design characteristics to prevent 16

littering; and 17

‘‘(II) contact containers and 18

other covered products that— 19

‘‘(aa) are specifically de-20

signed to be reusable or refillable; 21

and 22

‘‘(bb) have a high reuse or 23

refill rate; 24

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29 

•HR 5845 IH

‘‘(vi) covered products with lower en-1

vironmental impacts, including— 2

‘‘(I) covered products that are 3

made of— 4

‘‘(aa) sustainable or renew-5

ably sourced materials; or 6

‘‘(bb) at least 90 percent by 7

weight of any combination of— 8

‘‘(AA) postconsumer re-9

cycled content; or 10

‘‘(BB) materials de-11

rived from land or fresh-12

water or marine environ-13

ment litter; and 14

‘‘(II) compostable covered prod-15

ucts that— 16

‘‘(aa) have direct contact 17

with food; or 18

‘‘(bb) help divert food waste 19

from a landfill; and 20

‘‘(vii) the percentage of postconsumer 21

recycled content verified by an independent 22

party designated by the Administrator that 23

exceeds the minimum requirements estab-24

lished under section 12302 in the pack-25

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30 

•HR 5845 IH

aging, if the recycled content does not dis-1

rupt the potential for future recycling. 2

‘‘(4) ADMINISTRATIVE COSTS.— 3

‘‘(A) IN GENERAL.—A fee under para-4

graph (1) shall include— 5

‘‘(i) the administrative costs to the 6

Organization of carrying out the Program; 7

‘‘(ii) the cost to the Administrator of 8

administering this part with respect to the 9

applicable Organization, including— 10

‘‘(I) oversight, including annual 11

oversight; 12

‘‘(II) issuance of any rules; 13

‘‘(III) planning; 14

‘‘(IV) Plan review; 15

‘‘(V) compliance; 16

‘‘(VI) outreach and education; 17

‘‘(VII) enforcement; 18

‘‘(VIII) sufficient staff positions 19

to administer this part; and 20

‘‘(IX) other activities directly re-21

lated to the activities described in sub-22

clauses (I) through (VIII); and 23

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31 

•HR 5845 IH

‘‘(iii) the cost to a State for carrying 1

out enforcement with respect to the appli-2

cable Organization. 3

‘‘(B) CONSIDERATION.—In determining 4

the fee for a responsible party under subpara-5

graph (A), an Organization shall consider the 6

company size and annual revenue of the respon-7

sible party. 8

‘‘(C) REIMBURSEMENT.—An Organization 9

shall reimburse— 10

‘‘(i) the Administrator for costs de-11

scribed subparagraph (A)(ii) incurred by 12

the Administrator; and 13

‘‘(ii) a State for costs described in 14

subparagraph (A)(iii) incurred by the 15

State. 16

‘‘(5) APPROVAL.— 17

‘‘(A) IN GENERAL.—Before an Organiza-18

tion may charge a fee or revise the amount of 19

a fee to be charged under paragraph (1)— 20

‘‘(i) the Organization shall submit to 21

the Administrator the fee structure and 22

the methodology for determining that fee 23

structure; and 24

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32 

•HR 5845 IH

‘‘(ii)(I) the Organization shall receive 1

notification of approval of the fee structure 2

under subparagraph (B)(ii); or 3

‘‘(II) the fee structure shall be consid-4

ered approved under subparagraph (C). 5

‘‘(B) APPROVAL.—Not later than 60 days 6

after receipt of a fee structure under subpara-7

graph (A)(i), the Administrator shall— 8

‘‘(i)(I) approve the fee structure if the 9

Administrator determines that the fee 10

structure is in accordance with this sub-11

section; or 12

‘‘(II) deny the fee structure if the Ad-13

ministrator determines that the fee struc-14

ture is not in accordance with this sub-15

section; and 16

‘‘(ii) notify the Organization of the 17

determination under clause (i). 18

‘‘(C) FAILURE TO MEET DEADLINE.—If 19

the Administrator does not make a determina-20

tion under clause (i) of subparagraph (B) by 21

the date required under that subparagraph, the 22

fee structure shall be considered to be approved. 23

‘‘(c) ADVISORY COMMITTEES.— 24

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33 

•HR 5845 IH

‘‘(1) IN GENERAL.—An Organization shall es-1

tablish an advisory committee that represents a 2

range of interested and engaged persons relevant to 3

the category of covered products or beverages sold in 4

beverage containers of the applicable Program, in-5

cluding— 6

‘‘(A) collection providers; 7

‘‘(B) cleanup service providers; 8

‘‘(C) recyclers; and 9

‘‘(D) composters. 10

‘‘(2) COMPOSITION.— 11

‘‘(A) IN GENERAL.—At a minimum, an ad-12

visory committee shall include individuals rep-13

resenting each of— 14

‘‘(i) responsible parties, such as a 15

trade association; 16

‘‘(ii) States; 17

‘‘(iii) cities, including— 18

‘‘(I) small and large cities; and 19

‘‘(II) cities located in urban and 20

rural counties; 21

‘‘(iv) counties, including— 22

‘‘(I) small and large counties; 23

and 24

‘‘(II) urban and rural counties; 25

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34 

•HR 5845 IH

‘‘(v) public sector recycling, compost-1

ing, and solid waste industries for the ap-2

plicable type of product or packaging; 3

‘‘(vi) private sector recycling, com-4

posting, and solid waste industries for the 5

applicable type of product or packaging; 6

‘‘(vii) recycled feedstock users for the 7

applicable type of product or packaging; 8

‘‘(viii) public place litter programs; 9

‘‘(ix) freshwater and marine litter pro-10

grams; 11

‘‘(x) environmental organizations; 12

‘‘(xi) disability advocates; 13

‘‘(xii) Indian Tribes; and 14

‘‘(xiii) environmental and human 15

health scientists. 16

‘‘(B) REQUIREMENTS.— 17

‘‘(i) IN GENERAL.—Each individual 18

serving on an advisory committee may rep-19

resent only 1 category described in clauses 20

(i) through (xiii) of subparagraph (A). 21

‘‘(ii) DISPROPORTIONATE REPRESEN-22

TATION.—An Organization shall ensure 23

that no category described in clauses (i) 24

through (xiii) of subparagraph (A) has dis-25

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35 

•HR 5845 IH

proportionate representation on an advi-1

sory committee. 2

‘‘(3) PUBLIC COMMENT.—Each year, an Orga-3

nization shall provide a process to receive comments 4

from additional stakeholders and community mem-5

bers, which to the maximum extent practicable shall 6

include diverse ethnic populations. 7

‘‘(4) EXPENSES.— 8

‘‘(A) IN GENERAL.—An Organization shall 9

reimburse representatives of community groups, 10

Indian Tribes, State and local governments, 11

and nonprofit organizations for expenses related 12

to participating on the advisory committee. 13

‘‘(B) OTHER MEMBERS.—Other members 14

of the advisory committee may be compensated 15

for travel expenses as needed to ensure the abil-16

ity of those members to participate on the advi-17

sory committee. 18

‘‘(5) DUTIES.—An Organization shall— 19

‘‘(A) hold an advisory committee meeting 20

at least once per year; 21

‘‘(B) request and consider comments from 22

the advisory committee of the Organization 23

prior to the submission to the Administrator of 24

a Plan or any revisions to a Plan; 25

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36 

•HR 5845 IH

‘‘(C) report comments of the advisory com-1

mittee to the Administrator as an appendix to 2

any revisions to a Plan submitted to the Ad-3

ministrator; and 4

‘‘(D) include a summary of advisory com-5

mittee engagement and input in the report 6

under section 12107. 7

‘‘SEC. 12103. COVERED PRODUCT MANAGEMENT. 8

‘‘(a) IN GENERAL.—In carrying out a Program, a re-9

sponsible party, acting through an Organization, shall— 10

‘‘(1) meet the performance targets under the 11

applicable Plan, as described in section 12105(g)— 12

‘‘(A) in the case of covered products, by 13

providing for the collection of covered products 14

in accordance with subsection (b); or 15

‘‘(B) in the case of beverage containers, by 16

carrying out the responsibilities under section 17

12104(e); and 18

‘‘(2) in accordance with subsection (c), provide 19

for the cleanup of covered products or beverage con-20

tainers that become litter. 21

‘‘(b) COLLECTION.— 22

‘‘(1) IN GENERAL.—A Program shall provide 23

widespread, convenient, and equitable access to op-24

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37 

•HR 5845 IH

portunities for the collection of covered products in 1

accordance with this subsection. 2

‘‘(2) CONVENIENCE.— 3

‘‘(A) IN GENERAL.—Subject to subpara-4

graph (B), collection opportunities described in 5

paragraph (1) shall— 6

‘‘(i) be provided throughout each 7

State, Tribal land, and territory in which 8

the applicable covered product is sold, in-9

cluding in rural and island communities; 10

‘‘(ii) be as convenient as trash collec-11

tion in the applicable area; and 12

‘‘(iii) in a case in which collection of 13

the applicable covered product by curbside 14

collection is not practicable, be, as deter-15

mined by the Administrator, and in the 16

case of a city with a population of 750,000 17

or more residents, subject to the approval 18

of the city, available for not less than 95 19

percent of the population of the applicable 20

area within— 21

‘‘(I) in the case of an urban area, 22

a 10-minute drive; or 23

‘‘(II) in the case of a rural area, 24

the longer of— 25

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38 

•HR 5845 IH

‘‘(aa) a 45-minute drive; and 1

‘‘(bb) the time to drive to 2

the nearest rural service center. 3

‘‘(B) WAIVER.—The Administrator may 4

waive the requirement under subparagraph (A) 5

after— 6

‘‘(i) consultation with the advisory 7

committee of the applicable Organization 8

and other appropriate stakeholders; and 9

‘‘(ii) approval by the unit of local gov-10

ernment with jurisdiction over the applica-11

ble area. 12

‘‘(3) METHODS.— 13

‘‘(A) CURBSIDE OR MULTIFAMILY COLLEC-14

TION.—With respect to a geographic area de-15

scribed in paragraph (2)(A), an Organization 16

shall, at a minimum, provide the opportunity 17

for the collection of the applicable covered prod-18

uct through a curbside or multifamily recycling 19

collection service, if— 20

‘‘(i) the category of covered product— 21

‘‘(I) is suitable for curbside or 22

multifamily recycling collection; and 23

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39 

•HR 5845 IH

‘‘(II) can be effectively sorted by 1

facilities receiving the covered product 2

after collection; and 3

‘‘(ii) the provider of the service 4

agrees— 5

‘‘(I) to accept the category of 6

covered product; and 7

‘‘(II) to a compensation agree-8

ment described in subparagraph (C). 9

‘‘(B) OTHER METHODS.—In addition to 10

the method described in subparagraph (A), an 11

Organization may comply with the requirement 12

under paragraph (1) by— 13

‘‘(i) entering into an agreement 14

with— 15

‘‘(I) an entity that carries out a 16

program through which consumers 17

may drop off the covered product at a 18

designated location (commonly known 19

as a ‘depot drop-off program’); or 20

‘‘(II) a retailer that accepts the 21

covered product from consumers 22

(commonly known as ‘retailer take- 23

back’); or 24

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•HR 5845 IH

‘‘(ii) such other means as the Organi-1

zation determines to be appropriate, in-2

cluding by establishing a collection pro-3

gram or service, including a program or 4

service that provides collection from public 5

spaces. 6

‘‘(C) COMPENSATION AGREEMENTS.— 7

‘‘(i) IN GENERAL.—An Organization 8

may comply with this subsection by enter-9

ing into an agreement with a governmental 10

or private entity under which the Organi-11

zation compensates the entity for the col-12

lection of covered products. 13

‘‘(ii) REQUIREMENT.—As part of a 14

compensation agreement under clause (i), 15

an Organization shall offer to provide re-16

imbursement of not less than 100 percent 17

of the cost to the entity of managing the 18

covered products, including, as applicable, 19

administrative costs, sorting, and reproc-20

essing. 21

‘‘(4) MANAGING COLLECTED COVERED PROD-22

UCTS.—In carrying out this subsection, an Organi-23

zation shall— 24

‘‘(A) ensure that— 25

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41 

•HR 5845 IH

‘‘(i) the collection means and systems 1

used direct the covered product waste to— 2

‘‘(I) facilities that are effective in 3

sorting and reprocessing covered prod-4

uct waste prior to shipment in a form 5

ready for remanufacture into new 6

products; or 7

‘‘(II) other facilities that the Ad-8

ministrator determines appropriately 9

manage the covered product waste; 10

‘‘(ii) covered products are managed in 11

an environmentally sound and socially just 12

manner at reprocessing, disposal, or other 13

facilities operating with human health and 14

environmental protection standards that 15

are broadly equivalent to the standards re-16

quired in— 17

‘‘(I) the United States; or 18

‘‘(II) other countries that are 19

members of the Organization for Eco-20

nomic Cooperation and Development; 21

and 22

‘‘(iii) the Program includes measures 23

to track, verify, and publicly report that 24

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42 

•HR 5845 IH

covered products are managed responsibly 1

and not reexported to other countries; and 2

‘‘(B) take measures— 3

‘‘(i) to promote high-quality recycling 4

that retains material quality; 5

‘‘(ii) to meet the necessary quality 6

standards for the relevant facilities that 7

manufacture new products from the col-8

lected, sorted, and reprocessed materials; 9

and 10

‘‘(iii) to prioritize the recycling of 11

products and packaging into uses that 12

achieve the greatest environmental benefits 13

from displacing the use of virgin materials. 14

‘‘(5) COSTS.—A responsible party or an Organi-15

zation may not charge a covered entity any amount 16

for the cost of carrying out this subsection. 17

‘‘(6) EFFECT.—Nothing in this subsection— 18

‘‘(A) requires a governmental entity to pro-19

vide for the collection of covered products; or 20

‘‘(B) prohibits a governmental entity from 21

providing for the collection of covered products. 22

‘‘(c) CLEANUP; REDUCTION IN WASTE.—A Program 23

shall— 24

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43 

•HR 5845 IH

‘‘(1) provide funding to, and coordinate with, 1

entities that collect covered product or beverage con-2

tainer litter from public places or freshwater or ma-3

rine environments in the United States, including 4

Tribal land and territories; and 5

‘‘(2) coordinate product design and Program in-6

novations to reduce covered product or beverage con-7

tainer waste. 8

‘‘(d) MINIMUM FUNDING REQUIREMENTS.— 9

‘‘(1) IN GENERAL.—Of Program expenditures 10

for a fiscal year, an Organization shall ensure 11

that— 12

‘‘(A)(i) for the 10-year period beginning on 13

the date on which the Organization is estab-14

lished, not less than 50 percent is used for the 15

improvement and development of new market, 16

recycling, or composting infrastructure in the 17

United States, which may include installing or 18

upgrading equipment at existing sorting and re-19

processing facilities— 20

‘‘(I) to improve sorting of covered 21

product waste; or 22

‘‘(II) to mitigate the impacts of cov-23

ered product waste to other commodities; 24

and 25

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44 

•HR 5845 IH

‘‘(ii) for each year thereafter, such percent-1

age as the Administrator may establish, but not 2

less than 10 percent, is used for the purposes 3

described in clause (i); and 4

‘‘(B) not less than 10 percent is used for— 5

‘‘(i) cleanup activities under sub-6

section (c)(1); and 7

‘‘(ii) the removal of covered product 8

or beverage container contaminants at 9

compost facilities and other facilities that 10

manage organic materials. 11

‘‘(2) DETERMINATION OF EXPENDITURES.— 12

For purposes of carrying out paragraph (1), Pro-13

gram expenditures for a fiscal year shall be based 14

on— 15

‘‘(A) in the case of the first fiscal year of 16

the Program, budgeted expenditures for the fis-17

cal year; and 18

‘‘(B) in the case of each fiscal year there-19

after, Program expenditures for the previous 20

fiscal year. 21

‘‘SEC. 12104. NATIONAL BEVERAGE CONTAINER PROGRAM. 22

‘‘(a) RESPONSIBILITIES OF RESPONSIBLE PAR-23

TIES.— 24

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45 

•HR 5845 IH

‘‘(1) IN GENERAL.—Each responsible party for 1

beverages sold in beverage containers shall— 2

‘‘(A) charge to a retailer to which the bev-3

erage in a beverage container is delivered a de-4

posit in the amount of the applicable refund 5

value described in subsection (c) on delivery; 6

and 7

‘‘(B) on receipt of an empty beverage con-8

tainer from a retailer, pay to the retailer a re-9

fund in the amount of the applicable refund 10

value described in subsection (c). 11

‘‘(2) USE OF DEPOSITS FROM UNREDEEMED 12

BEVERAGE CONTAINERS.—A responsible party shall 13

use any amounts received as deposits under para-14

graph (1)(A) for which an empty beverage container 15

is not returned to the Organization responsible for 16

the material of the beverage container for invest-17

ment in collection, recycling, and reuse infrastruc-18

ture. 19

‘‘(b) RESPONSIBILITIES OF RETAILERS.— 20

‘‘(1) IN GENERAL.—Except as provided in para-21

graph (2), each retailer of beverages in beverage 22

containers shall— 23

‘‘(A) charge to the customer to which the 24

beverage in a beverage container is sold a de-25

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46 

•HR 5845 IH

posit in the amount of the applicable refund 1

value described in subsection (c) on the sale; 2

‘‘(B) on receipt of an empty beverage con-3

tainer from a customer, pay to the customer a 4

refund in the amount of the applicable refund 5

value described in subsection (c); 6

‘‘(C) accept a beverage container and pay 7

a refund under subparagraph (B)— 8

‘‘(i) during any period that the re-9

tailer is open for business; and 10

‘‘(ii) regardless of whether the specific 11

beverage container was sold by the retailer; 12

and 13

‘‘(D) in the case of a retailer that is equal 14

to or greater than 5,000 square feet, accept any 15

brand and size of beverage container and pay a 16

refund under subparagraph (B) for the bev-17

erage container, regardless of whether the re-18

tailer sells that brand or size of beverage con-19

tainer. 20

‘‘(2) EXCEPTIONS.— 21

‘‘(A) DIRTY OR DAMAGED.—A retailer de-22

scribed in paragraph (1) may refuse to accept 23

a beverage container and pay a refund under 24

paragraph (1)(B) if the beverage container— 25

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47 

•HR 5845 IH

‘‘(i) visibly contains or is contami-1

nated by a substance other than— 2

‘‘(I) water; 3

‘‘(II) residue of the original con-4

tents; or 5

‘‘(III) ordinary dust; or 6

‘‘(ii) is so damaged that the brand or 7

refund label appearing on the container 8

cannot be identified. 9

‘‘(B) CONTAINER LIMITATION.— 10

‘‘(i) LARGE RETAILERS.—A retailer 11

described in paragraph (1) that is equal to 12

or greater than 5,000 square feet may 13

refuse to accept, and pay a refund under 14

paragraph (1)(B) for, more than 250 bev-15

erage containers per person per day. 16

‘‘(ii) SMALL RETAILERS.—A retailer 17

described in paragraph (1) that is less 18

than 5,000 square feet may refuse to ac-19

cept, and pay a refund under paragraph 20

(1)(B) for, more than 50 beverage con-21

tainers per person per day. 22

‘‘(C) BRAND AND SIZE.—A retailer de-23

scribed in paragraph (1) that is less than 5,000 24

square feet may refuse to accept, and pay a re-25

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48 

•HR 5845 IH

fund under paragraph (1)(B) for, a brand or 1

size of beverage container that the retailer does 2

not sell. 3

‘‘(D) RESTAURANTS.—A retailer described 4

in paragraph (1) that is a restaurant may 5

refuse to accept, and pay a refund under para-6

graph (1)(B) for, a beverage container that the 7

restaurant did not sell. 8

‘‘(E) OTHER MEANS OF RETURN.—The 9

Administrator may permit the establishment of 10

convenience zones, under which a retailer within 11

a convenience zone is exempt from this sub-12

section if the Administrator determines that the 13

retailer— 14

‘‘(i) is located within close proximity 15

to a redemption center established under 16

subsection (e)(2); and 17

‘‘(ii) shares in the cost of the oper-18

ation of that redemption center with the 19

responsible party. 20

‘‘(c) APPLICABLE REFUND VALUE.— 21

‘‘(1) IN GENERAL.—The amount of the refund 22

value referred to in subsections (a) and (b) shall be 23

not less than 10 cents. 24

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49 

•HR 5845 IH

‘‘(2) ADJUSTMENTS.—Beginning on the date 1

that is 3 years after the date of enactment of this 2

part, the Administrator may increase the minimum 3

refund value under paragraph (1) to account for— 4

‘‘(A) inflation; and 5

‘‘(B) other factors, such as a failure to 6

meet performance targets described in section 7

12105(g). 8

‘‘(3) DISCRETIONARY INCREASES.—A respon-9

sible party, with respect to a covered product or bev-10

erage container, or a State may require a refund 11

value that is more than the minimum refund value 12

under paragraph (1). 13

‘‘(d) LABELING.—Any manufacturer, importer, or 14

distributor of a beverage in a beverage container that is 15

sold in the United States shall include on the label of the 16

beverage container a standardized description of the appli-17

cable refund value in such a manner that the description 18

is clearly visible. 19

‘‘(e) RESPONSIBILITIES OF ORGANIZATIONS.— 20

‘‘(1) COLLECTION AND STORAGE.—An Organi-21

zation of responsible parties for beverages sold in 22

beverage containers shall facilitate collection and 23

storage of beverage containers that are returned to 24

retailers under this section by providing storage or 25

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50 

•HR 5845 IH

other means to collect the beverage containers until 1

collection for recycling, such as reverse vending or 2

other convenient options for consumers. 3

‘‘(2) REDEMPTION CENTERS.— 4

‘‘(A) IN GENERAL.—An Organization of 5

responsible parties for beverages sold in bev-6

erage containers shall establish and operate fa-7

cilities to accept beverage containers from con-8

sumers. 9

‘‘(B) REQUIREMENTS.—A facility estab-10

lished under subparagraph (A) shall— 11

‘‘(i) be staffed and available to the 12

public— 13

‘‘(I) each day other than a Fed-14

eral or local holiday; and 15

‘‘(II) not less than 10 hours each 16

day; 17

‘‘(ii) accept— 18

‘‘(I) any beverage container; and 19

‘‘(II) not less than 350 beverage 20

containers per person per day; and 21

‘‘(iii) provide— 22

‘‘(I) hand or automated counts 23

conducted by staff of the facility; 24

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51 

•HR 5845 IH

‘‘(II) a drop door for consumers 1

to drop off bags of mixed beverage 2

containers for staff of the facility to 3

count, for which the facility may col-4

lect a convenience fee; or 5

‘‘(III) any other convenient 6

means of receiving and counting bev-7

erage containers, as determined by the 8

Administrator. 9

‘‘(3) CURBSIDE COLLECTION.—An Organization 10

may pay an entity that collects curbside recycling 11

the value of the applicable refund value under sub-12

section (c) for beverage containers collected, based 13

on weight or another measurement that approxi-14

mates the amount of the refunds, as negotiated by 15

the Organization and the entity. 16

‘‘(f) EXCLUDED STATES.— 17

‘‘(1) DEFINITION OF ELIGIBLE STATE.—In this 18

subsection, the term ‘eligible State’ means a State 19

that— 20

‘‘(A) has in effect a beverage container law 21

before the date of enactment of this subtitle; 22

and 23

‘‘(B) enacts legislation after the date of en-24

actment of this part to update the beverage 25

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52 

•HR 5845 IH

container law described in subparagraph (A) to 1

be consistent with the refund value amounts 2

under, and beverage containers covered by, this 3

part. 4

‘‘(2) COMPLIANCE WITH STATE LAW.—In the 5

case of an eligible State, compliance with the law of 6

the eligible State by a distributor, retailer, manufac-7

turer, importer, or Organization shall be considered 8

to be compliance with this section. 9

‘‘(3) CONFORMITY.—An eligible State is en-10

couraged to negotiate with relevant Organizations on 11

updated features of the beverage container law of 12

the eligible State, such as sharing new revenue from 13

increased deposits. 14

‘‘SEC. 12105. PRODUCT STEWARDSHIP PLANS. 15

‘‘(a) IN GENERAL.—Not later than February 1, 16

2022, each Organization shall submit to the Administrator 17

a Product Stewardship Plan that describes how the Orga-18

nization will carry out the responsibilities of the Organiza-19

tion under this part. 20

‘‘(b) CONTENTS.—Each Plan shall contain, at a min-21

imum— 22

‘‘(1) contact information for the Organization 23

submitting the Plan; 24

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•HR 5845 IH

‘‘(2) a list of participating responsible parties 1

and brands covered by the applicable Program, in-2

cluding organization structure for each responsible 3

party; and 4

‘‘(3) a description of— 5

‘‘(A) each category of covered product or 6

beverage sold in a beverage container covered 7

by the Plan; 8

‘‘(B) funding for the Organization, includ-9

ing how fees will be structured and collected in 10

accordance with section 12102(b)(5); 11

‘‘(C) performance targets under subsection 12

(g); 13

‘‘(D) the means by which each type of cov-14

ered product or beverage container will be col-15

lected in accordance with section 12103 or 16

12104, as applicable, to meet— 17

‘‘(i) the consumer convenience and ge-18

ographic coverage standards for collection 19

under this part; and 20

‘‘(ii) the performance targets under 21

subsection (g); 22

‘‘(E) consumer education plans in accord-23

ance with section 12106; 24

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•HR 5845 IH

‘‘(F) a customer service process, such as a 1

process for answering citizen or customer ques-2

tions and resolving issues; 3

‘‘(G) sound management practices for 4

worker health and safety; 5

‘‘(H) plans for complying with design-for- 6

environment and labeling requirements under 7

sections 12303 and 12304, respectively; 8

‘‘(I) the means by which responsible par-9

ties will work with and improve existing recy-10

cling, composting, litter cleanup, and disposal 11

programs and infrastructure; 12

‘‘(J) any plans to transition to reusable 13

covered products; 14

‘‘(K) the means by which the Organization 15

is mitigating fraud in the applicable Program; 16

‘‘(L) the means by which responsible par-17

ties will consult with the Federal Government, 18

State and local governments, and any other im-19

portant stakeholders; and 20

‘‘(M) plans for market development. 21

‘‘(c) APPROVAL OR DENIAL.—Not later than 90 days 22

after receiving a Plan under subsection (a), the Adminis-23

trator shall— 24

‘‘(1) approve or deny the Plan; and 25

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55 

•HR 5845 IH

‘‘(2) notify the applicable Organization of the 1

determination of the Administrator under paragraph 2

(1). 3

‘‘(d) IMPLEMENTATION.—Beginning on August 1, 4

2022, not later than 60 days after receiving a notification 5

of approval of a Plan under subsection (c)(2), the applica-6

ble Organization shall begin implementation of the Plan. 7

‘‘(e) EXPIRATION.—A Plan— 8

‘‘(1) shall expire on the date that is 5 years 9

after the date on which the Plan is approved; and 10

‘‘(2) may be renewed. 11

‘‘(f) REVISIONS.—The Administrator may require a 12

revision to a Plan before the expiration date of the Plan 13

if— 14

‘‘(1) the performance targets under subsection 15

(g) are not being met; or 16

‘‘(2) there is a change in circumstances that 17

otherwise warrants a revision. 18

‘‘(g) PERFORMANCE TARGETS.— 19

‘‘(1) IN GENERAL.—Each Plan shall contain 20

achievable performance targets for the collection and 21

recycling of the applicable covered product or bev-22

erage container in accordance with section 12103 or 23

12104, as applicable. 24

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56 

•HR 5845 IH

‘‘(2) MINIMUM REQUIREMENTS.—Performance 1

targets under paragraph (1) shall be not less than, 2

by weight of covered product— 3

‘‘(A) by December 31, 2027— 4

‘‘(i) 65 percent of all covered prod-5

ucts, except paper, reused or recycled; 6

‘‘(ii) 75 percent of all beverage con-7

tainers and paper covered products recy-8

cled; and 9

‘‘(iii) 50 percent of all industrially 10

compostable covered products composted; 11

and 12

‘‘(B) by December 31, 2032— 13

‘‘(i) 80 percent of all covered prod-14

ucts, except paper, reused or recycled; 15

‘‘(ii) 90 percent of all beverage con-16

tainers and paper covered products recy-17

cled; and 18

‘‘(iii) 70 percent of all industrially 19

compostable covered products composted. 20

‘‘SEC. 12106. OUTREACH AND EDUCATION. 21

‘‘(a) IN GENERAL.—A Program shall include the pro-22

vision of outreach and education to consumers throughout 23

the United States regarding— 24

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•HR 5845 IH

‘‘(1) proper end-of-life management of covered 1

products and beverage containers; 2

‘‘(2) the location and availability of curbside 3

and drop-off collection opportunities; 4

‘‘(3) how to prevent litter of covered products 5

and beverage containers; and 6

‘‘(4) recycling and composting instructions that 7

are— 8

‘‘(A) consistent nationwide, except as nec-9

essary to take into account differences among 10

State and local laws; 11

‘‘(B) easy to understand; and 12

‘‘(C) easily accessible. 13

‘‘(b) ACTIVITIES.—Outreach and education under 14

subsection (a) shall— 15

‘‘(1) be designed to achieve the management 16

goals of covered products and beverage containers 17

under this part, including the prevention of contami-18

nation by covered products and beverage containers 19

in other management systems or in other materials; 20

‘‘(2) be coordinated across programs nationally 21

to avoid confusion for consumers; and 22

‘‘(3) include, at a minimum— 23

‘‘(A) consulting on education, outreach, 24

and communications with the advisory com-25

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58 

•HR 5845 IH

mittee of the applicable Organization and other 1

stakeholders; 2

‘‘(B) coordinating with and assisting local 3

municipal programs, municipal contracted pro-4

grams, solid waste collection companies, and 5

other entities providing services to the Pro-6

gram; 7

‘‘(C) developing and providing outreach 8

and education to the diverse ethnic populations 9

of the United States through translated and 10

culturally appropriate materials, including in- 11

language and targeted outreach; 12

‘‘(D) establishing consumer websites and 13

mobile applications that provide information 14

about methods to prevent covered product and 15

beverage container pollution and how consumers 16

may access and use collection services; 17

‘‘(E) working with Program participants to 18

label covered products and beverage containers 19

with information to assist consumers in respon-20

sibly managing covered product and beverage 21

container waste; and 22

‘‘(F) determining the effectiveness of out-23

reach, education, communications, and conven-24

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59 

•HR 5845 IH

ience of services through periodic surveys of 1

consumers. 2

‘‘(c) EVALUATION.—If the Administrator determines 3

that performance targets under section 12105(g) are not 4

being met with respect to an Organization, the Organiza-5

tion shall— 6

‘‘(1) conduct an evaluation of the effectiveness 7

of outreach and education efforts under this section 8

to determine whether changes are necessary to im-9

prove those outreach and education efforts; and 10

‘‘(2) develop information that may be used to 11

improve outreach and education efforts under this 12

section. 13

‘‘SEC. 12107. REPORTING. 14

‘‘(a) IN GENERAL.—An Organization shall annually 15

make available on a publicly available website a report that 16

contains— 17

‘‘(1) with respect to covered products or bev-18

erages in beverage containers sold or imported by 19

members of the Organization, a description of, at a 20

minimum— 21

‘‘(A) the quantity of covered products or 22

beverage containers sold or imported and col-23

lected, by submaterial type and State, for the 24

year covered by the report and each prior year; 25

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60 

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‘‘(B) management of the covered products 1

or beverage containers, including recycling 2

rates, by submaterial type, for the year covered 3

by the report and each prior year; 4

‘‘(C) data on the final destination and 5

quantity of reclaimed covered products or bev-6

erage containers, by submaterial type, including 7

the form of any covered products or beverage 8

containers exported; 9

‘‘(D) contamination in the recycling stream 10

of the covered products or beverage containers; 11

‘‘(E) collection service vendors and collec-12

tion locations, including— 13

‘‘(i) the geographic distribution of col-14

lection; 15

‘‘(ii) distance to population centers; 16

‘‘(iii) hours; 17

‘‘(iv) actions taken to reduce barriers 18

to collection by expanding curbside collec-19

tion or facilitating drop-offs; and 20

‘‘(v) frequency of collection avail-21

ability; and 22

‘‘(F) efforts to reduce environmental im-23

pacts at each stage of the lifecycle of the cov-24

ered products or beverage containers; 25

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61 

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‘‘(2) the composition of the advisory committee 1

for the Organization; 2

‘‘(3) expenses of the Organization; 3

‘‘(4) outreach and education efforts under sec-4

tion 12106, including the results of those efforts; 5

‘‘(5) customer service efforts and results; 6

‘‘(6) performance relative to the performance 7

targets of the Plan under section 12105(g); 8

‘‘(7) the status of packaging innovation and de-9

sign characteristics to prevent littering, make cov-10

ered products or beverage containers reusable or re-11

fillable, or reduce overall covered product and bev-12

erage container waste; and 13

‘‘(8) any other information that the Adminis-14

trator determines to be appropriate. 15

‘‘(b) CONSISTENCY.—Organizations shall make ef-16

forts to coordinate reporting under subsection (a) to pro-17

vide for consistency of information across a category of 18

covered products or beverage containers. 19

‘‘(c) AUDITS.—Every 2 years, the Administrator shall 20

conduct an audit of collection and recycling to provide an 21

accounting of the collection and recycling of covered prod-22

ucts and beverage containers that are not produced by a 23

responsible party or an Organization. 24

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‘‘(d) REDUCTIONS IN STATE AND LOCAL TAXES.— 1

Not later than February 1, 2025, and annually thereafter, 2

the Administrator shall prepare and make publicly avail-3

able a report describing— 4

‘‘(1) the effect of this part on costs incurred by 5

State and local governments for the management 6

and cleanup of covered products and beverage con-7

tainers; and 8

‘‘(2) any reductions in State and local taxes as 9

a result of any reductions of costs described in para-10

graph (1). 11

‘‘PART II—REDUCTION OF SINGLE-USE 12

PRODUCTS 13

‘‘SEC. 12201. PROHIBITION ON SINGLE-USE PLASTIC CARRY-14

OUT BAGS. 15

‘‘(a) DEFINITION OF SINGLE-USE PLASTIC BAG.— 16

In this section: 17

‘‘(1) IN GENERAL.—The term ‘single-use plastic 18

bag’ means a bag that is— 19

‘‘(A) made of— 20

‘‘(i) plastic film; or 21

‘‘(ii) woven or nonwoven nylon, poly-22

propylene, polyethylene-terephthalate, or 23

Tyvek in a quantity less than 80 grams 24

per square meter; and 25

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‘‘(B) provided by a covered retail or service 1

establishment to a customer at the point of 2

sale, home delivery, the check stand, cash reg-3

ister, or other point of departure to a customer 4

for use to transport, deliver, or carry away pur-5

chases. 6

‘‘(2) EXCLUSIONS.—The term ‘single-use plas-7

tic bag’ does not include— 8

‘‘(A) a bag that is subject to taxation 9

under section 4056 of the Internal Revenue 10

Code of 1986; or 11

‘‘(B) a covered product that is— 12

‘‘(i) used by a consumer inside a 13

store— 14

‘‘(I) to package bulk items, such 15

as fruit, vegetables, nuts, grains, 16

candy, unwrapped prepared foods or 17

bakery goods, or small hardware 18

items; or 19

‘‘(II) to contain or wrap— 20

‘‘(aa) prepackaged or non- 21

prepackaged frozen foods, meat, 22

or fish; or 23

‘‘(bb) flowers, potted plants, 24

or other items the dampness of 25

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64 

•HR 5845 IH

which may require the use of the 1

nonhandled bag; 2

‘‘(ii) a bag sold at retail in packages 3

containing multiple bags intended to con-4

tain garbage or pet waste; 5

‘‘(iii) a newspaper bag; 6

‘‘(iv) a door hanger bag; or 7

‘‘(v) a laundry or dry cleaning bag. 8

‘‘(b) PROHIBITION.—A covered retail or service es-9

tablishment shall not provide at the point of sale a single- 10

use plastic bag to a customer. 11

‘‘(c) ENFORCEMENT.— 12

‘‘(1) WRITTEN NOTIFICATION FOR FIRST VIO-13

LATION.—If a covered retail or service establishment 14

violates subsection (b), the Administrator shall pro-15

vide that covered retail or service establishment with 16

written notification regarding the violation of the re-17

quirement under that subsection. 18

‘‘(2) SUBSEQUENT VIOLATIONS.— 19

‘‘(A) IN GENERAL.—If a covered retail or 20

service establishment, subsequent to receiving a 21

written notification described in paragraph (1), 22

violates subsection (b), the Administrator shall 23

fine the covered retail or service establishment 24

in accordance with subparagraph (B). 25

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65 

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‘‘(B) AMOUNT OF PENALTY.—For each 1

violation during a calendar year, the amount of 2

the penalty under subparagraph (A) shall be— 3

‘‘(i) in the case of the first violation, 4

$250; 5

‘‘(ii) in the case of the second viola-6

tion, $500; and 7

‘‘(iii) in the case of the third violation 8

or any subsequent violation, $1,000. 9

‘‘(C) SEIZURE.—On a third violation or 10

any subsequent violation under this paragraph 11

by a covered retail or service establishment, the 12

Administrator may seize any single-use plastic 13

bags in the possession of the covered retail or 14

service establishment. 15

‘‘(D) LIMITATION.—In the case of a cov-16

ered retail or service establishment the annual 17

revenue of which is less than $1,000,000, a 18

penalty shall not be imposed under this para-19

graph more than once during any 7-day period. 20

‘‘(3) STATE ENFORCEMENT.—The Adminis-21

trator may permit a State to carry out enforcement 22

under this subsection if the Administrator deter-23

mines that the State meets such requirements as the 24

Administrator may establish. 25

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66 

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‘‘(d) EFFECTIVE DATE.—The prohibition under this 1

section shall take effect on January 1, 2022. 2

‘‘SEC. 12202. REDUCTION OF OTHER SINGLE-USE PROD-3

UCTS. 4

‘‘(a) PROHIBITION ON PLASTIC UTENSILS AND PLAS-5

TIC STRAWS.— 6

‘‘(1) UTENSILS.—A covered retail or service es-7

tablishment may not use, provide, distribute, or sell 8

a plastic utensil. 9

‘‘(2) PLASTIC STRAWS.— 10

‘‘(A) IN GENERAL.—Subject to subpara-11

graphs (B) and (C), a covered retail or service 12

establishment that sells food or beverages— 13

‘‘(i) except as provided in clause (ii), 14

may not provide a plastic straw to a cus-15

tomer; 16

‘‘(ii) shall provide a plastic straw to a 17

customer who requests a plastic straw; 18

‘‘(iii) shall provide accessible means of 19

communication, across all ordering plat-20

forms used by the covered retail or service 21

establishment (such as online, mobile, and 22

in-person), for customers to request a plas-23

tic straw; and 24

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67 

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‘‘(iv) shall keep in stock plastic straws 1

for customers who request plastic straws. 2

‘‘(B) EFFECTIVE FUNCTIONAL EQUIVA-3

LENTS.—If the Administrator, in consultation 4

with the National Council on Disability and ad-5

vocates representing the disability and environ-6

mental communities, determines that an effec-7

tive functional equivalent to a plastic straw that 8

can be recycled, composted, or disposed with 9

minimal harm to the environment has been de-10

veloped— 11

‘‘(i) subparagraph (A) shall no longer 12

apply; and 13

‘‘(ii) a covered retail or service estab-14

lishment may not provide a plastic straw to 15

a customer. 16

‘‘(C) EXCLUSION.—Subparagraph (A) 17

shall not apply to the sale of plastic straws in 18

bulk for home or personal use. 19

‘‘(3) NONPLASTIC ALTERNATIVES.—A covered 20

retail or service establishment may provide, dis-21

tribute, or sell a reusable, compostable, or recyclable 22

alternative to a plastic utensil or plastic straw 23

only— 24

‘‘(A) on request of a customer; and 25

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68 

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‘‘(B) in the case of a compostable or recy-1

clable alternative, if composting or recycling, as 2

applicable, for the item is provided and locally 3

accessible. 4

‘‘(b) PROHIBITION ON OTHER SINGLE-USE PROD-5

UCTS.— 6

‘‘(1) IN GENERAL.—Except as provided in para-7

graphs (3) and (4), a covered retail or service estab-8

lishment may not sell or distribute any single-use 9

product that the Administrator determines is not re-10

cyclable or compostable and can be replaced by a re-11

usable or refillable item. 12

‘‘(2) INCLUSIONS.—In the prohibition under 13

paragraph (1), the Administrator shall include— 14

‘‘(A) expanded polystyrene for use in food 15

service products, disposable consumer coolers, 16

or shipping packaging; 17

‘‘(B) single-use personal care products, 18

such as miniature bottles containing shampoo, 19

soap, and lotion that are provided at hotels or 20

motels; 21

‘‘(C) noncompostable produce stickers; and 22

‘‘(D) such other products that the Admin-23

istrator determines by regulation to be appro-24

priate. 25

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69 

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‘‘(3) EXCEPTION.—The prohibition under para-1

graph (1) shall not apply to the sale or distribution 2

of an expanded polystyrene cooler for medical use. 3

‘‘(4) TEMPORARY WAIVER.—The Administrator 4

may grant a temporary waiver of not more than 1 5

year from the prohibition under paragraph (1) for 6

the use of expanded polystyrene in shipping pack-7

aging to protect a product of high value if a viable 8

alternative to expanded polystyrene is not available. 9

‘‘(c) ENFORCEMENT.— 10

‘‘(1) WRITTEN NOTIFICATION FOR FIRST VIO-11

LATION.—If a covered retail or service establishment 12

violates subsection (a) or (b), the Administrator 13

shall provide that covered retail or service establish-14

ment with written notification regarding the viola-15

tion of the requirement under that subsection. 16

‘‘(2) SUBSEQUENT VIOLATIONS.— 17

‘‘(A) IN GENERAL.—If any covered retail 18

or service establishment, subsequent to receiv-19

ing a written notification described in para-20

graph (1), violates subsection (a) or (b), the 21

Administrator shall fine the covered retail or 22

service establishment in accordance with sub-23

paragraph (B). 24

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70 

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‘‘(B) AMOUNT OF PENALTY.—For each 1

violation during a calendar year, the amount of 2

the penalty under subparagraph (A) shall be— 3

‘‘(i) in the case of the first violation, 4

$250; 5

‘‘(ii) in the case of the second viola-6

tion, $500; and 7

‘‘(iii) in the case of the third violation 8

or any subsequent violation, $1,000. 9

‘‘(C) SEIZURE.—On a third violation or 10

any subsequent violation under this paragraph 11

by a covered retail or service establishment, the 12

Administrator may seize any plastic products 13

prohibited under subsection (a) or (b) that are 14

in the possession of the covered retail or service 15

establishment. 16

‘‘(D) LIMITATION.—In the case of a cov-17

ered retail or service establishment the annual 18

revenue of which is less than $1,000,000, a 19

penalty shall not be imposed under this para-20

graph more than once during any 7-day period. 21

‘‘(3) STATE ENFORCEMENT.—The Adminis-22

trator may permit a State to carry out enforcement 23

under this subsection if the Administrator deter-24

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71 

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mines that the State meets such requirements as the 1

Administrator may establish. 2

‘‘(d) EFFECTIVE DATE.—The prohibition under this 3

section shall take effect on January 1, 2022. 4

‘‘SEC. 12203. STUDY AND ACTION ON PLASTIC TOBACCO FIL-5

TERS AND ELECTRONIC CIGARETTES. 6

‘‘(a) STUDY.—Not later than 2 years after the date 7

of enactment of this subtitle, the Administrator, in con-8

junction with the Commissioner of Food and Drugs and 9

the Director of the National Institutes of Health, shall 10

conduct a study on— 11

‘‘(1) the environmental impacts and efficacy of 12

tobacco filters made from plastic; and 13

‘‘(2) the environmental impacts of electronic 14

cigarettes, including disposable components of elec-15

tronic cigarettes. 16

‘‘(b) REPORT TO CONGRESS.— 17

‘‘(1) IN GENERAL.—Not later than 180 days 18

after the date on which the study under subsection 19

(a) is concluded, the Administrator, in conjunction 20

with the Commissioner of Food and Drugs, shall 21

submit to the committees described in paragraph (2) 22

a report describing recommendations to establish a 23

program to reduce litter from, and the environ-24

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mental impacts of, single-use tobacco filter products 1

and electronic cigarettes. 2

‘‘(2) COMMITTEES.—The committees referred 3

to in paragraph (1) are— 4

‘‘(A) the Committee on Health, Education, 5

Labor, and Pensions of the Senate; 6

‘‘(B) the Committee on Environment and 7

Public Works of the Senate; 8

‘‘(C) the Committee on Commerce, 9

Science, and Transportation of the Senate; and 10

‘‘(D) the Committee on Energy and Com-11

merce of the House of Representatives. 12

‘‘(c) PUBLICATION.—On submission of the report 13

under subsection (b)(1), the Administrator, in conjunction 14

with the Commissioner of Food and Drugs, shall publish 15

in the Federal Register for public comment— 16

‘‘(1) the report; and 17

‘‘(2) a description of the actions the Adminis-18

trator and the Commissioner of Food and Drugs in-19

tend to take during the 1-year period after the date 20

of publication to reduce litter from, and the environ-21

mental impacts of, single-use tobacco filter products 22

and electronic cigarettes, including recommendations 23

for incorporating plastic tobacco filters and elec-24

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tronic cigarette components into an extended pro-1

ducer responsibility program. 2

‘‘PART III—RECYCLING AND COMPOSTING 3

‘‘SEC. 12301. RECYCLING AND COMPOSTING COLLECTION. 4

‘‘The Administrator, in consultation with Organiza-5

tions, State and local governments, and affected stake-6

holders, shall issue guidance to standardize recycling and 7

composting collection across communities and States. 8

‘‘SEC. 12302. REQUIREMENTS FOR THE PRODUCTION OF 9

PRODUCTS CONTAINING RECYCLED CON-10

TENT. 11

‘‘(a) PLASTIC BEVERAGE CONTAINERS.— 12

‘‘(1) IN GENERAL.—Subject to paragraph (2), 13

the Administrator shall require each responsible 14

party for plastic beverage containers to make the 15

plastic beverage containers— 16

‘‘(A) by 2025, of 25 percent post-consumer 17

recycled content from United States sources; 18

‘‘(B) by 2030, of 30 percent post-consumer 19

recycled content from United States sources; 20

‘‘(C) by 2035, of 50 percent post-consumer 21

recycled content from United States sources; 22

‘‘(D) by 2040, of 80 percent post-consumer 23

recycled content from United States sources; 24

and 25

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‘‘(E) by such dates thereafter as the Ad-1

ministrator shall establish, such percentages of 2

post-consumer recycled content from United 3

States sources as the Administrator determines 4

by a rule to be appropriate. 5

‘‘(2) ADJUSTMENT.—After consideration of the 6

results of the study under subsection (b)(1), the Ad-7

ministrator may issue regulations to modify one or 8

more of the percentages described in subparagraphs 9

(A) through (D) of paragraph (1). 10

‘‘(b) OTHER COVERED PRODUCTS AND BEVERAGE 11

CONTAINERS.— 12

‘‘(1) STUDY.—The Administrator, in coordina-13

tion with the Director of the National Institute of 14

Standards and Technology, the Commissioner of 15

Food and Drugs, and the head of any other relevant 16

Federal agency, shall carry out a study to determine 17

the technical and safe minimum post-consumer recy-18

cled content requirements for covered products and 19

beverage containers, including beverage containers 20

composed of glass, aluminum, and other materials. 21

‘‘(2) REPORT.— 22

‘‘(A) IN GENERAL.—Not later than 1 year 23

after the date of enactment of this subtitle, the 24

Administrator shall submit to Congress a report 25

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75 

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describing the results of the study under para-1

graph (1), including— 2

‘‘(i) an estimate of the current and 3

projected consumption of covered products 4

and use of beverage containers in the 5

United States; 6

‘‘(ii) an estimate of current and pro-7

jected future recycling rates of covered 8

products and beverage containers in the 9

United States; 10

‘‘(iii) an assessment of techniques and 11

recommendations to minimize the creation 12

of new materials for covered products and 13

beverage containers; and 14

‘‘(iv) an assessment of— 15

‘‘(I) post-consumer recycled con-16

tent standards for covered products 17

and beverage containers that are tech-18

nologically feasible; and 19

‘‘(II) the impact of the standards 20

described in subclause (I) on recycling 21

rates of covered products and bev-22

erage containers. 23

‘‘(B) PUBLICATION.—On submission of the 24

report under subparagraph (A) to Congress, the 25

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76 

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Administrator shall publish in the Federal Reg-1

ister for public comment— 2

‘‘(i) the report; and 3

‘‘(ii) a description of the actions the 4

Administrator intends to take during the 5

1-year period after the date of publication 6

in the Federal Register to establish min-7

imum post-consumer recycled content 8

standards for covered products and bev-9

erage containers. 10

‘‘(3) MINIMUM STANDARDS.— 11

‘‘(A) IN GENERAL.—Not later than 1 year 12

after the Administrator publishes the report 13

under paragraph (2)(B), the Administrator 14

shall establish minimum post-consumer recycled 15

content standards for covered products and bev-16

erage containers. 17

‘‘(B) REQUIREMENT.—The standards es-18

tablished under subparagraph (A) shall increase 19

the percentage by which covered products and 20

beverage containers shall be composed of post- 21

consumer recycled content over a time period 22

established by the Administrator. 23

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‘‘SEC. 12303. DESIGNING FOR THE ENVIRONMENT. 1

‘‘(a) IN GENERAL.—The Administrator shall require 2

each responsible party of covered products and beverage 3

containers to design the covered products and beverage 4

containers to minimize the environmental and health im-5

pacts of the covered products and beverage containers. 6

‘‘(b) REQUIREMENTS.—In designing covered prod-7

ucts and beverage containers in accordance with sub-8

section (a), to minimize the impacts of extraction, manu-9

facture, use, and end-of-life management, a responsible 10

party shall consider— 11

‘‘(1) eliminating or reducing the quantity of 12

material used; 13

‘‘(2) eliminating toxic substances; 14

‘‘(3) designing for reuse, refill, and lifespan ex-15

tension; 16

‘‘(4) incorporating recycled materials; 17

‘‘(5) designing to reduce environmental impacts 18

across the lifecycle of a product; 19

‘‘(6) incorporating sustainably and renewably 20

sourced material; 21

‘‘(7) optimizing material to use the minimum 22

quantity of packaging necessary to effectively deliver 23

a product without damage or spoilage; 24

‘‘(8) degradability of materials in cold-water en-25

vironments; and 26

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‘‘(9) improving recyclability and compostability. 1

‘‘SEC. 12304. PRODUCT LABELING. 2

‘‘(a) IN GENERAL.—A responsible party shall include 3

labels on covered products and beverage containers that— 4

‘‘(1) are easy to read; 5

‘‘(2) indicate that the covered product or bev-6

erage container is— 7

‘‘(A) recyclable; 8

‘‘(B) not recyclable; 9

‘‘(C) compostable; or 10

‘‘(D) reusable; 11

‘‘(3) in the case of a covered product or bev-12

erage container that is not recyclable, does not in-13

clude the universal chasing arrows recycling symbol 14

or any other similar symbol that would lead a con-15

sumer to believe that the item should be sorted for 16

recycling; 17

‘‘(4) in the case of a plastic bag that is not 18

compostable, is not tinted green or brown; 19

‘‘(5) in the case of a compostable bag, is tinted 20

green or brown and includes information identifying 21

the entity designated by the Administrator that has 22

certified that the product is compostable; and 23

‘‘(6) in the case of a covered product or bev-24

erage container that is compostable, includes a green 25

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or brown stripe or similar marking to identify that 1

the item is compostable. 2

‘‘(b) STANDARDIZED LABELS.—The Administrator 3

shall establish or approve a standardized label for each 4

category of covered product and beverage container to be 5

used by responsible parties under subsection (a). 6

‘‘(c) REQUIREMENT.—A label described in subsection 7

(a), including a shrink sleeve— 8

‘‘(1) shall be compatible with the intended 9

method of discard for the covered product or bev-10

erage container; and 11

‘‘(2) shall not require removal by consumers. 12

‘‘(d) COMPATIBILITY.—The Administrator shall en-13

courage label manufacturers, in coordination with the sup-14

ply chains of those manufacturers, including substrate 15

suppliers, converters, and ink suppliers, to work with the 16

recycling industry to address label recycling compatibility 17

challenges. 18

‘‘(e) WET WIPES.—With respect to the label de-19

scribed in subsection (a) for a wet wipe product— 20

‘‘(1) in the case of a wet wipe product sold in 21

the United States that is intended to be disposed of 22

in the solid waste stream, the label shall include— 23

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‘‘(A) on the front of the package near the 1

dispensing point, the statement ‘Do Not Flush’; 2

and 3

‘‘(B) in high contrast font and color, a ‘Do 4

Not Flush’ moniker and symbol that is other-5

wise in accordance with the voluntary guidelines 6

for labeling practices of the nonwoven fabrics 7

industry contained in the Code of Practice of 8

the Association of the Nonwoven Fabrics Indus-9

try and the European Disposables and 10

Nonwovens Association, entitled ‘Commu-11

nicating Appropriate Disposal Pathways for 12

Nonwoven Wipes to Protect Wastewater Sys-13

tems’, second edition, as published in April 14

2017; 15

‘‘(2) in the case of a wet wipe product sold in 16

the United States that is labeled with a claim that 17

the product is ‘flushable’, ‘sewer and septic safe’, or 18

any other claim that indicates that the product is in-19

tended to be disposed of in a sewer or septic sys-20

tem— 21

‘‘(A) the label may include the statement 22

‘flushable’, ‘sewer and septic safe’, or other 23

statement that the product is intended to be 24

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disposed of in a sewer or septic system if the 1

product— 2

‘‘(i) meets the performance standards 3

for dispersibility in a sewer system or sep-4

tic system established by the International 5

Water Services Flushability Group (as in 6

effect on the date of enactment of this sub-7

title); and 8

‘‘(ii) does not contain chemicals or ad-9

ditives harmful to the public wastewater 10

infrastructure; and 11

‘‘(3) in the case of a wet wipe product that is 12

composed of plastic or other synthetic material, in-13

cluding regenerated cellulosic fibers— 14

‘‘(A) the label, marketing claims, or other 15

advertisements for the product may not identify 16

the product as intended for disposal in a sewer 17

or septic system; and 18

‘‘(B) the label shall clearly and conspicu-19

ously state that the product contains plastic or 20

other synthetic material. 21

‘‘SEC. 12305. RECYCLING AND COMPOSTING RECEPTACLE 22

LABELING. 23

‘‘(a) PURPOSE.—The purpose of this section is to es-24

tablish guidelines for a national standardized labeling sys-25

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tem for the development of labels for recycling and 1

composting receptacles that use a methodology that is con-2

sistent throughout the United States to assist members 3

of the public in properly recycling and composting. 4

‘‘(b) DEFINITIONS.—In this section: 5

‘‘(1) PUBLIC SPACE.—The term ‘public space’ 6

means a business, an airport, a school, a stadium, 7

a government office, a park, and any other public 8

space, as determined by the Administrator. 9

‘‘(2) RECYCLING OR COMPOSTING RECEP-10

TACLE.—The term ‘recycling or composting recep-11

tacle’ means a recycling or composing bin, cart, or 12

dumpster. 13

‘‘(3) RESIDENTIAL RECYCLING AND 14

COMPOSTING PROGRAM.—The term ‘residential recy-15

cling and composting program’ means a recycling 16

and composting program that services single family 17

dwellings, multifamily dwellings or facilities, or both. 18

‘‘(c) GUIDELINES.—The Administrator shall develop 19

and publish guidelines for a national standardized labeling 20

system for an Organization to use to develop labels that— 21

‘‘(1) use a national standardized methodology 22

of colors, images, format, and terminology, including 23

to address diverse ethnic populations; 24

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‘‘(2) shall be placed on recycling and compost-1

ing receptacles in public spaces and the service area 2

of the Organization in accordance with paragraphs 3

(1)(D) and (2) of subsection (e); and 4

‘‘(3) communicate to users of those recycling 5

and composting receptacles— 6

‘‘(A) the specific recyclables and compost-7

ables that the Organization accepts; and 8

‘‘(B) the specific rules of sorting for that 9

Organization. 10

‘‘(d) DEVELOPMENT OF LABELS.— 11

‘‘(1) IN GENERAL.—Each Organization in the 12

United States shall, in accordance with the guide-13

lines published under subsection (c), use the national 14

standardized labeling system to develop labels for 15

use on recycling and composting receptacles in pub-16

lic spaces and the service area of the Organization 17

to communicate to users of those recycling and 18

composting receptacles— 19

‘‘(A) the specific recyclables and compost-20

ables that the Organization accepts; and 21

‘‘(B) the specific rules of sorting for that 22

Organization. 23

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‘‘(2) SIMPLE AND DETAILED VERSIONS.—In de-1

veloping labels under paragraph (1), an Organiza-2

tion shall develop— 3

‘‘(A) a simple version of the label for use 4

on recycling and composting receptacles used in 5

public spaces, which shall list the basic 6

recyclables and compostables that the Organiza-7

tion accepts; and 8

‘‘(B) a detailed version of the label for use 9

on recycling and composting receptacles used as 10

part of a residential recycling and composting 11

program, taking into consideration the com-12

plexity of the packaging and products disposed 13

of by single family dwellings and multifamily 14

dwellings and facilities. 15

‘‘(e) DISTRIBUTION OF LABELS.— 16

‘‘(1) SIMPLE VERSION.— 17

‘‘(A) IN GENERAL.—An Organization shall 18

distribute the simple version of the label devel-19

oped by that Organization under subsection 20

(d)(2)(A) to each customer of that Organization 21

that owns or operates a public space in the 22

service area of the Organization. 23

‘‘(B) QUANTITY.—The quantity of labels 24

distributed to an owner or operator of a public 25

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85 

•HR 5845 IH

space under subparagraph (A) shall be reason-1

ably sufficient to ensure that a label may be 2

placed on each recycling and composting recep-3

tacle in that public space. 4

‘‘(C) ADDITIONAL LABELS.—If the quan-5

tity of labels distributed under subparagraph 6

(B) is insufficient, an Organization shall make 7

available to owners and operators described in 8

subparagraph (A) additional labels to purchase 9

or download. 10

‘‘(D) REQUIREMENT OF OWNERS AND OP-11

ERATORS.—An owner or operator of a public 12

space that receives labels under subparagraph 13

(A) shall display the labels on the recycling and 14

composting receptacles in that public space. 15

‘‘(2) DETAILED VERSION.—An Organization or 16

municipality, as applicable, that services a residen-17

tial recycling and composting program in the area 18

served by an Organization shall display a detailed 19

standardized label developed by that Organization 20

under subsection (d)(2)(B) on each recycling and 21

composting receptacle used by the residential recy-22

cling and composting program. 23

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‘‘SEC. 12306. PROHIBITION ON CERTAIN EXPORTS OF 1

WASTE. 2

‘‘No person may export from the United States plas-3

tic waste, plastic parings, or scraps of plastic— 4

‘‘(1) to a country that is not a member of the 5

Organization for Economic Cooperation and Devel-6

opment; 7

‘‘(2) without the prior informed consent of the 8

relevant authorities in a receiving country that is a 9

member of the Organization for Economic Coopera-10

tion and Development, if those exports— 11

‘‘(A) are not of a single, nonhalogenated 12

plastic polymer; or 13

‘‘(B) are contaminated with greater than 14

0.5 percent of— 15

‘‘(i) other plastics; or 16

‘‘(ii) other materials, including— 17

‘‘(I) labels, adhesives, varnishes, 18

waxes, inks, and paints; and 19

‘‘(II) composite materials mixing 20

plastics with nonplastic materials; or 21

‘‘(3) that are contaminated with hazardous 22

chemicals, toxic substances, or substances to the ex-23

tent that the export becomes hazardous waste. 24

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‘‘PART IV—LOCAL GOVERNMENT EFFORTS 1

‘‘SEC. 12401. PROTECTION OF LOCAL GOVERNMENTS. 2

‘‘Nothing in this subtitle or section 4056 of the Inter-3

nal Revenue Code of 1986 preempts any State or local 4

law in effect on or after the date of enactment of this sub-5

title that— 6

‘‘(1) requires the collection and recycling of 7

recyclables in a greater quantity than required under 8

section 12105(g); 9

‘‘(2) prohibits the sale or distribution of prod-10

ucts that are not prohibited under part II; 11

‘‘(3) requires products to be made of a greater 12

percentage of post-consumer recycled content than 13

required under section 12302; 14

‘‘(4) imposes a fee or other charge for products 15

not subject to taxation under section 4056 of the In-16

ternal Revenue Code of 1986; or 17

‘‘(5) in any way exceeds the requirements of 18

this subtitle. 19

‘‘SEC. 12402. CLEAN COMMUNITIES PROGRAM. 20

‘‘The Administrator shall establish a program, to be 21

known as the ‘Clean Communities Program’, under which 22

the Administrator shall leverage smart technology and so-23

cial media to provide technical assistance to units of local 24

government of States in cost-effectively— 25

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‘‘(1) identifying concentrated areas of pollution 1

in that unit of local government; and 2

‘‘(2) implementing source reduction solutions. 3

‘‘PART V—FISHING GEAR 4

‘‘SEC. 12501. STUDY AND ACTION ON DERELICT FISHING 5

GEAR. 6

‘‘(a) REPORT.—Not later than 2 years after the date 7

of enactment of this subtitle, the Under Secretary of Com-8

merce for Oceans and Atmosphere (referred to in this sec-9

tion as the ‘Under Secretary’) shall submit to the Com-10

mittee on Commerce, Science, and Transportation and the 11

Committee on Environment and Public Works of the Sen-12

ate and the Committee on Natural Resources of the House 13

of Representatives a report that includes— 14

‘‘(1) an analysis of the scale of fishing gear 15

losses by United States and foreign fisheries, includ-16

ing— 17

‘‘(A) the variance in the quantity of gear 18

lost among— 19

‘‘(i) domestic and foreign fisheries; 20

‘‘(ii) types of fishing gear; and 21

‘‘(iii) methods of fishing; 22

‘‘(B) the means by which lost fishing gear 23

is transported by ocean currents; and 24

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‘‘(C) common reasons that fishing gear is 1

lost; 2

‘‘(2) an evaluation of the ecological, human 3

health, and maritime safety impacts of derelict fish-4

ing gear, and how those impacts vary across— 5

‘‘(A) types of fishing gear; 6

‘‘(B) materials used to construct fishing 7

gear; and 8

‘‘(C) geographic location; 9

‘‘(3) recommendations on management meas-10

ures— 11

‘‘(A) to prevent fishing gear losses; and 12

‘‘(B) to reduce the impacts of lost fishing 13

gear; 14

‘‘(4) an assessment of the cost of implementing 15

management measures described in paragraph (3); 16

and 17

‘‘(5) an assessment of the impact of fishing 18

gear loss attributable to foreign countries. 19

‘‘(b) PUBLICATION.—On submission of the report 20

under subsection (a), the Under Secretary shall publish 21

in the Federal Register for public comment— 22

‘‘(1) the report; and 23

‘‘(2) a description of the actions the Under Sec-24

retary intends to take during the 1-year period after 25

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90 

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the date of publication to reduce litter from, and the 1

environmental impacts of, commercial fishing gear.’’. 2

(b) CLERICAL AMENDMENT.—The table of contents 3

for the Solid Waste Disposal Act (Public Law 89–272; 79 4

Stat. 997) is amended by inserting after the item relating 5

to section 11011 the following: 6

‘‘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 ciga-

rettes. 

‘‘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.’’. 

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SEC. 3. IMPOSITION OF TAX ON CARRYOUT BAGS. 1

(a) GENERAL RULE.—Chapter 31 of the Internal 2

Revenue Code of 1986 is amended by inserting after sub-3

chapter C the following new subchapter: 4

‘‘Subchapter D—Carryout Bags 5

‘‘Sec. 4056. Imposition of tax. 

‘‘SEC. 4056. IMPOSITION OF TAX. 6

‘‘(a) GENERAL RULE.—There is hereby imposed on 7

any retail sale a tax on each carryout bag provided to a 8

customer by an applicable entity. 9

‘‘(b) AMOUNT OF TAX.—The amount of tax imposed 10

by subsection (a) shall be $0.10 per carryout bag. 11

‘‘(c) LIABILITY FOR TAX.—The applicable entity 12

shall be liable for the tax imposed by this section. 13

‘‘(d) DEFINITIONS.—For purposes of this section— 14

‘‘(1) APPLICABLE ENTITY.— 15

‘‘(A) IN GENERAL.—Subject to subpara-16

graph (B), the term ‘applicable entity’ means— 17

‘‘(i) any restaurant (as defined in sec-18

tion 12001 of the Solid Waste Disposal 19

Act), or 20

‘‘(ii) any business which— 21

‘‘(I) sells food, alcohol, or any 22

other good or product to the public at 23

retail, or 24

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92 

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‘‘(II) elects to comply with the 1

requirements under this section. 2

‘‘(B) EXCEPTION.— 3

‘‘(i) IN GENERAL.—For purposes of 4

this section, the term ‘applicable entity’ 5

shall not include any entity described in 6

subparagraph (A) if the State, or any local 7

government or political subdivision thereof, 8

in which such entity is located has been 9

granted a waiver pursuant to clause (ii). 10

‘‘(ii) WAIVER.—The Secretary shall 11

prescribe rules providing for the waiver of 12

application of this section with respect to 13

any State, or any local government or po-14

litical subdivision thereof, which has en-15

acted a tax or fee on the provision of car-16

ryout bags which is similar to the tax im-17

posed under this section. 18

‘‘(2) CARRYOUT BAG.— 19

‘‘(A) IN GENERAL.—The term ‘carryout 20

bag’ means a bag of any material that is pro-21

vided to a consumer at the point of sale to 22

carry or cover purchases, merchandise, or other 23

items. 24

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93 

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‘‘(B) EXCEPTIONS.—Such term shall not 1

include any product described in section 2

12201(a)(2)(B)(ii) of the Solid Waste Disposal 3

Act. 4

‘‘(e) BAG TAX STATED SEPARATELY ON RECEIPT.— 5

The tax imposed by subsection (a) shall be separately stat-6

ed on the receipt of sale provided to the customer. 7

‘‘(f) EXCEPTIONS.—The tax imposed under sub-8

section (a) shall not apply to any carryout bag that is pro-9

vided to a customer as part of a transaction in which the 10

customer is purchasing any item using benefits received 11

under the supplemental nutrition assistance program es-12

tablished under the Food and Nutrition Act of 2008 (7 13

U.S.C. 2011 et seq.) or the supplemental nutrition pro-14

gram for women, infants, and children authorized under 15

section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 16

1786). 17

‘‘(g) PENALTIES.— 18

‘‘(1) WRITTEN NOTIFICATION FOR FIRST VIO-19

LATION.—If any applicable entity fails to collect the 20

tax imposed under subsection (a) or satisfy the re-21

quirements under subsection (e), the Secretary shall 22

provide such entity with written notification regard-23

ing the violation of the requirements under such 24

subsections. 25

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‘‘(2) SUBSEQUENT VIOLATIONS.— 1

‘‘(A) IN GENERAL.—If any applicable enti-2

ty, subsequent to receiving a written notifica-3

tion described in paragraph (1), fails to collect 4

the tax imposed under subsection (a) or satisfy 5

the requirements under subsection (e), such en-6

tity shall pay a penalty in addition to the tax 7

imposed under this section. 8

‘‘(B) AMOUNT OF PENALTY.—For each 9

violation during a calendar year, the amount of 10

the penalty under subparagraph (A) shall be— 11

‘‘(i) in the case of the first violation, 12

$250, 13

‘‘(ii) in the case of the second viola-14

tion, $500, and 15

‘‘(iii) in the case of the third violation 16

or any subsequent violation, $1,000. 17

‘‘(C) LIMITATION.—In the case of any ap-18

plicable entity with less than $1,000,000 in 19

total revenue for the year preceding the imposi-20

tion of any penalty under this paragraph, any 21

such penalty may not be imposed under this 22

paragraph more than once during any 7-day pe-23

riod. 24

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‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec-1

tion or any regulations promulgated under this section 2

shall preempt, limit, or supersede, or be interpreted to pre-3

empt, limit, or supersede— 4

‘‘(1) any law or regulation relating to any tax 5

or fee on carryout bags which is imposed by a State 6

or local government entity, or any political subdivi-7

sion, agency, or instrumentality thereof, or 8

‘‘(2) any additional fees imposed by any appli-9

cable entity on carryout bags provided to its cus-10

tomers.’’. 11

(b) CARRYOUT BAG CREDIT PROGRAM.—Subchapter 12

B of chapter 65 of such Code is amended by adding at 13

the end the following new section: 14

‘‘SEC. 6431. CARRYOUT BAG CREDIT PROGRAM. 15

‘‘(a) ALLOWANCE OF CREDIT.—If— 16

‘‘(1) tax has been imposed under section 4056 17

on any carryout bag, 18

‘‘(2) an applicable entity provides such bag to 19

a customer in a point of sale transaction, and 20

‘‘(3) such entity has kept and can produce 21

records for purposes of this section and section 4056 22

that include— 23

‘‘(A) the total number of carryout bags 24

provided to customers for which the tax was im-25

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posed under section 4056(a) and the amounts 1

passed through to customers for such bags pur-2

suant to section 4056(e), and 3

‘‘(B) the total number of bags for which a 4

refund was provided to customers pursuant to 5

a carryout bag credit program, 6

the Secretary shall pay (without interest) to such entity 7

an amount equal to the applicable amount for each bag 8

provided by such entity in connection with a point of sale 9

transaction. 10

‘‘(b) APPLICABLE AMOUNT.—For purposes of sub-11

section (a), the applicable amount is an amount equal to— 12

‘‘(1) in the case of an applicable entity that has 13

established a carryout bag credit program, $0.10, 14

and 15

‘‘(2) in the case of an applicable entity that has 16

not established a carryout bag credit program, 17

$0.04. 18

‘‘(c) CARRYOUT BAG CREDIT PROGRAM.—For pur-19

poses of this section, the term ‘carryout bag credit pro-20

gram’ means a program established by an applicable entity 21

which— 22

‘‘(1) for each bag provided by the customer to 23

package any items purchased from the applicable en-24

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97 

•HR 5845 IH

tity, such entity refunds such customer $0.05 for 1

each such bag from the total cost of their purchase, 2

‘‘(2) separately states the amount of such re-3

fund on the receipt of sale provided to the customer, 4

and 5

‘‘(3) prominently advertises such program at 6

each entrance and checkout register of the applicable 7

entity. 8

‘‘(d) DEFINITIONS.—For purposes of this section, the 9

terms ‘applicable entity’ and ‘carryout bag’ have the same 10

meanings given such terms under section 4056(d).’’. 11

(c) ESTABLISHMENT OF TRUST FUND.—Subchapter 12

A of chapter 98 of such Code is amended by adding at 13

the end the following: 14

‘‘SEC. 9512. RECYCLING AND LITTER CLEANUP TRUST 15

FUND. 16

‘‘(a) CREATION OF TRUST FUND.—There is estab-17

lished in the Treasury of the United States a trust fund 18

to be known as the ‘Recycling and Litter Cleanup Trust 19

Fund’ (referred to in this section as the ‘Trust Fund’), 20

consisting of such amounts as may be appropriated or 21

credited to the Trust Fund as provided in this section or 22

section 9602(b). 23

‘‘(b) TRANSFERS TO TRUST FUND.—There is hereby 24

appropriated to the Trust Fund an amount equivalent to 25

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•HR 5845 IH

the amounts received in the Treasury pursuant to section 1

4056. 2

‘‘(c) EXPENDITURES FROM TRUST FUND.—Amounts 3

in the Trust Fund shall be available, as provided by appro-4

priation Acts, for— 5

‘‘(1) making payments under section 6431, and 6

‘‘(2) making grants for— 7

‘‘(A) reusable carryout bags, and 8

‘‘(B) recycling, reuse, and composting in-9

frastructure and litter cleanup.’’. 10

(d) STUDY.—Not later than the date which is 18 11

months after the date of enactment of this Act, the Comp-12

troller General of the United States shall conduct a study 13

on the effectiveness of sections 4056, 6431, and 9512 of 14

the Internal Revenue Code of 1986 (as added by this Act) 15

at reducing the use of carryout bags and encouraging the 16

use of reusable bags. The report shall address— 17

(1) the use of plastic or paper single-use carry-18

out bags during the period preceding the enactment 19

of such sections; 20

(2) the effect of such sections on the citizens 21

and residents of the United States, including— 22

(A) the percentage reduction in the use of 23

plastic or paper single-use carryout bags as a 24

result of the enactment of such sections; 25

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99 

•HR 5845 IH

(B) the opinion among citizens and resi-1

dents of the United States regarding the effect 2

of such sections, disaggregated by race and in-3

come level; and 4

(C) the amount of substitution between 5

other types of plastic bags for single-use carry-6

out bags; 7

(3) measures that the Comptroller General de-8

termines may increase the effectiveness of such sec-9

tions, including the amount of tax imposed on each 10

carryout bag; and 11

(4) any effects, both positive and negative, on 12

United States businesses as a result of the enact-13

ment of such sections, including costs, storage space, 14

and changes in paper bag usage. 15

The Comptroller General shall submit a report of such 16

study to the Committee on Ways and Means of the House 17

of Representatives and the Committee on Finance of the 18

Senate. 19

(e) CLERICAL AMENDMENTS.— 20

(1) The table of subchapters for chapter 31 of 21

such Code is amended by inserting after the item re-22

lating to subchapter C the following new item: 23

‘‘SUBCHAPTER D. CARRYOUT BAGS’’. 

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100 

•HR 5845 IH

(2) The table of sections for subchapter B of 1

chapter 65 of such Code is amended by adding at 2

the end the following new item: 3

‘‘Sec. 6431. Carryout bag credit program.’’. 

(3) The table of sections for subchapter A of 4

chapter 98 of such Code is amended by adding at 5

the end the following new item: 6

‘‘Sec. 9512. Recycling and litter cleanup trust fund.’’. 

(f) EFFECTIVE DATE.—The amendments made by 7

this section shall take effect on January 1, 2022. 8

SEC. 4. CLEAN AIR, CLEAN WATER, AND ENVIRONMENTAL 9

JUSTICE. 10

(a) DEFINITIONS.—In this section: 11

(1) ADMINISTRATOR.—The term ‘‘Adminis-12

trator’’ means the Administrator of the Environ-13

mental Protection Agency. 14

(2) COVERED FACILITY.—The term ‘‘covered 15

facility’’ means— 16

(A) an industrial facility that transforms 17

natural gas liquids into ethylene and propylene 18

for later conversion into plastic polymers; 19

(B) a plastic polymerization or polymer 20

production facility; and 21

(C) an industrial facility that repolymerizes 22

plastic polymers into chemical feedstocks for 23

use in new products or as fuel. 24

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101 

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(3) COVERED PRODUCTS.—The term ‘‘covered 1

plastic’’ means— 2

(A) ethylene; 3

(B) propylene; 4

(C) polyethylene in any form (including 5

pellets, resin, nurdle, powder, and flakes); 6

(D) polypropylene in any form (including 7

pellets, resin, nurdle, powder, and flakes); 8

(E) polyvinyl chloride in any form (includ-9

ing pellets, resin, nurdle, powder, and flakes); 10

or 11

(F) other plastic polymer raw materials in 12

any form (including pellets, resin, nurdle, pow-13

der, and flakes). 14

(4) ENVIRONMENTAL JUSTICE.—The term ‘‘en-15

vironmental justice’’ means the fair treatment and 16

meaningful involvement of all individuals, regardless 17

of race, color, national origin, educational level, or 18

income, with respect to the development, implemen-19

tation, and enforcement of environmental laws, regu-20

lations, and policies to ensure that— 21

(A) communities of color, indigenous com-22

munities, and low-income communities have ac-23

cess to public information and opportunities for 24

meaningful public participation with respect to 25

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102 

•HR 5845 IH

human health and environmental planning, reg-1

ulations, and enforcement; 2

(B) no community of color, indigenous 3

community, or low-income community is ex-4

posed to a disproportionate burden of the nega-5

tive human health and environmental impacts 6

of pollution or other environmental hazards; 7

and 8

(C) the 17 principles described in the docu-9

ment entitled ‘‘The Principles of Environmental 10

Justice’’, written and adopted at the First Na-11

tional People of Color Environmental Leader-12

ship Summit held on October 24 through 27, 13

1991, in Washington, DC, are upheld. 14

(5) FENCELINE MONITORING.—The term 15

‘‘fenceline monitoring’’ means continuous, real-time 16

monitoring of ambient air quality around the entire 17

perimeter of a facility. 18

(6) FRONTLINE COMMUNITY.— 19

(A) IN GENERAL.—The term ‘‘frontline 20

community’’ means a community located near a 21

covered facility that has experienced systemic 22

socioeconomic disparities or other forms of in-23

justice. 24

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103 

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(B) INCLUSIONS.—The term ‘‘frontline 1

community’’ includes a low-income community, 2

a community that includes indigenous peoples, 3

and a community of color. 4

(7) SECRETARY.—The term ‘‘Secretary’’ means 5

the Secretary of the Army, acting through the Chief 6

of Engineers. 7

(8) SINGLE-USE PLASTIC.— 8

(A) IN GENERAL.—The term ‘‘single-use 9

plastic’’ means a plastic product or packaging 10

that is routinely disposed of, recycled, or other-11

wise discarded after a single use. 12

(B) EXCLUSIONS.—The term ‘‘single-use 13

plastic’’ does not include— 14

(i) medical food, supplements, devices, 15

or other products determined by the Sec-16

retary of Health and Human Services to 17

necessarily be made of plastic for the pro-18

tection of public health; or 19

(ii) packaging that is— 20

(I) for any product described in 21

clause (i); or 22

(II) used for the shipment of 23

hazardous materials that is prohibited 24

from being composed of used mate-25

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104 

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rials under section 178.509 or section 1

178.522 of title 49, Code of Federal 2

Regulations (as in effect on the date 3

of enactment of this Act). 4

(9) TEMPORARY PAUSE PERIOD.—The term 5

‘‘temporary pause period’’ means the period— 6

(A) beginning on the date of enactment of 7

this Act; and 8

(B) ending on the date that is the first 9

date on which all regulations required under 10

subsections (d) and (e) are in effect. 11

(10) ZERO-EMISSIONS ENERGY.—The term 12

‘‘zero-emissions energy’’ means renewable energy the 13

production of which emits no greenhouse gases at 14

the production source. 15

(b) TEMPORARY PAUSE.—During the temporary 16

pause period, notwithstanding any other provision of 17

law— 18

(1) the Administrator shall not issue a new per-19

mit for a covered facility under— 20

(A) the Clean Air Act (42 U.S.C. 7401 et 21

seq.); or 22

(B) the Federal Water Pollution Control 23

Act (33 U.S.C. 1251 et seq.); 24

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105 

•HR 5845 IH

(2) the Secretary shall not issue a new permit 1

for a covered facility under section 404 of the Fed-2

eral Water Pollution Control Act (33 U.S.C. 1344); 3

(3) the Administrator shall object in writing 4

under subsections (b) and (c) of section 505 of the 5

Clean Air Act (42 U.S.C. 7661d) or section 6

402(d)(2) of the Federal Water Pollution Control 7

Act (33 U.S.C. 1342(d)(2)), as applicable, to any 8

new permit issued to a covered facility by a State 9

agency delegated authority under the Clean Air Act 10

(42 U.S.C. 7401 et seq.) or the Federal Water Pol-11

lution Control Act (33 U.S.C. 1251 et seq.); and 12

(4) subject to subsection (g), the export of cov-13

ered products is prohibited. 14

(c) STUDY.— 15

(1) IN GENERAL.— 16

(A) AGREEMENT.—The Administrator 17

shall offer to enter into an agreement with the 18

National Academy of Sciences and the National 19

Institutes of Health to conduct a study of— 20

(i) the existing and planned expansion 21

of the industry of the producers of covered 22

products, including the entire supply chain, 23

end uses, disposal fate, and lifecycle im-24

pacts of covered products; 25

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106 

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(ii) the environmental justice and pol-1

lution impacts of covered facilities and the 2

products of covered facilities; 3

(iii) the existing standard technologies 4

and practices of covered facilities with re-5

spect to the discharge and emission of pol-6

lutants into the environment; and 7

(iv) the best available technologies 8

and practices that reduce or eliminate the 9

environmental justice and pollution im-10

pacts of covered facilities and the products 11

of covered facilities. 12

(B) FAILURE TO ENTER AGREEMENT.—If 13

the Administrator fails to enter into an agree-14

ment described in subparagraph (A), the Ad-15

ministrator shall conduct the study described in 16

that subparagraph. 17

(2) REQUIREMENTS.—The study under para-18

graph (1) shall— 19

(A) consider— 20

(i) the direct, indirect, and cumulative 21

environmental impacts of the industries of 22

covered facilities to date; and 23

(ii) the impacts of the planned expan-24

sion of those industries, including local, re-25

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107 

•HR 5845 IH

gional, national, and international air, 1

water, waste, climate change, public health, 2

and environmental justice impacts of those 3

industries; and 4

(B) recommend technologies, standards, 5

and practices to remediate or eliminate the 6

local, regional, national, and international air, 7

water, waste, climate change, public health, and 8

environmental justice impacts of covered facili-9

ties and the industries of covered facilities. 10

(3) REPORT.—Not later than 18 months after 11

the date of enactment of this Act, the Administrator 12

shall submit to Congress a report describing the re-13

sults of the study under paragraph (1). 14

(d) CLEAN AIR.— 15

(1) TIMELY REVISION OF EMISSIONS STAND-16

ARDS.—Section 111(b)(1)(B) of the Clean Air Act 17

(42 U.S.C. 7411(b)(1)(B)) is amended by striking 18

the fifth sentence. 19

(2) NATIONAL SOURCE PERFORMANCE STAND-20

ARDS IMPLEMENTATION IMPROVEMENTS.— 21

(A) ZERO-EMISSIONS ENERGY.—Not later 22

than 3 years after the date of enactment of this 23

Act, the Administrator shall promulgate a final 24

rule requiring that— 25

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108 

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(i) covered facilities that manufacture 1

olefins, including ethylene and propylene, 2

use only zero-emissions energy sources, ex-3

cept to the extent that waste gases are re-4

cycled; and 5

(ii) covered facilities that manufacture 6

low-density polyethylene, linear low-density 7

polyethylene, high-density polyethylene, 8

styrene, vinyl chloride, or synthetic organic 9

fibers use only zero-emissions energy 10

sources, except to the extent that waste 11

gases are recycled, unless the Adminis-12

trator— 13

(I) determines that under certain 14

conditions (such as during the com-15

mencement or shut down of produc-16

tion at a covered facility), expendi-17

tures of energy that are not from 18

zero-emissions energy sources are re-19

quired; and 20

(II) publishes the determination 21

under subclause (I) and a proposed 22

mixture of zero-emissions energy and 23

non-zero-emissions energy for those 24

conditions in a rulemaking. 25

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109 

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(B) NEW SOURCE PERFORMANCE STAND-1

ARDS FOR CERTAIN FACILITIES.—Not later 2

than 3 years after the date of enactment of this 3

Act, the Administrator shall promulgate a final 4

rule— 5

(i) designating ethylene, propylene, 6

polyethylene, and polypropylene production 7

facilities as a category of stationary source 8

under section 111(b)(1)(A) of the Clean 9

Air Act (42 U.S.C. 7411(b)(1)(A)); and 10

(ii) establishing new source perform-11

ance standards for the category of sta-12

tionary source designated under clause (i) 13

under section 111(f)(1) of the Clean Air 14

Act (42 U.S.C. 7411(f)(1)). 15

(C) STORAGE VESSELS FOR COVERED 16

PRODUCTS.—Not later than 3 years after the 17

date of enactment of this Act, the Adminis-18

trator shall promulgate a final rule modifying 19

section 60.112b(a) of title 40, Code of Federal 20

Regulations (as in effect on the date of enact-21

ment of this Act), to ensure that an owner or 22

operator of a storage vessel containing liquid 23

with a vapor pressure of equal to or more than 24

5 millimeters of mercury under actual storage 25

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110 

•HR 5845 IH

conditions that is regulated under that section 1

uses— 2

(i) an internal floating roof tank con-3

nected to a volatile organic compound con-4

trol device; or 5

(ii) a fixed-roof tank connected to a 6

volatile organic compound control device. 7

(D) FLARING.—Not later than 30 days 8

after the date of enactment of this Act, the Ad-9

ministrator shall promulgate a final rule— 10

(i) modifying title 40, Code of Federal 11

Regulations (as in effect on the date of en-12

actment of this Act), to ensure that flar-13

ing, either at ground-level or elevated, shall 14

only be permitted when necessary solely for 15

safety reasons; and 16

(ii) modifying sections 17

60.112b(a)(3)(ii), 60.115b(d)(1), 60.482– 18

10a(d), 60.662(b), 60.702(b), and 60.562– 19

1(a)(1)(i)(C) of title 40, Code of Federal 20

Regulations (as in effect on the date of en-21

actment of this Act), to ensure that— 22

(I) references to flare standards 23

under those sections refer to the flare 24

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111 

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standards established under clause (i); 1

and 2

(II) the flare standards under 3

those sections are, without exception, 4

continuously applied. 5

(E) SOCMI EQUIPMENT LEAKS.—Not 6

later than 3 years after the date of enactment 7

of this Act, the Administrator shall promulgate 8

a final rule— 9

(i) modifying section 60.482–1a of 10

title 40, Code of Federal Regulations (as 11

in effect on the date of enactment of this 12

Act), to ensure that, whenever possible, 13

owners and operators use process units 14

and components with a leak-less or seal- 15

less design; 16

(ii) modifying section 60.482–1a(f) of 17

title 40, Code of Federal Regulations (as 18

in effect on the date of enactment of this 19

Act), to ensure that owners and operators 20

use optical gas imaging monitoring pursu-21

ant to section 60.5397a of title 40, Code of 22

Federal Regulations (as in effect on the 23

date of enactment of this Act), on a quar-24

terly basis, unless the owner or operator 25

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112 

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receives approval from the Administrator 1

in writing to use Method 21 of the Envi-2

ronmental Protection Agency (as described 3

in appendix A–7 of part 60 of title 40, 4

Code of Federal Regulations (as in effect 5

on the date of enactment of this Act)) with 6

a repair threshold of 500 parts per million; 7

(iii) modifying 60.482–6a of title 40, 8

Code of Federal Regulations (as in effect 9

on the date of enactment of this Act), to 10

ensure that the use of open-ended valves or 11

lines is prohibited except if a showing is 12

made that the use of an open-ended valve 13

or line is necessary for safety reasons; and 14

(iv) modifying subpart VVa of part 60 15

of title 40, Code of Federal Regulations 16

(as in effect on the date of enactment of 17

this Act), to ensure that— 18

(I) the term ‘‘no detectable emis-19

sions’’ is defined to mean an instru-20

ment reading of less than 50 parts 21

per million above background con-22

centrations; and 23

(II) the term ‘‘leak’’ is defined to 24

mean an instrument reading of great-25

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113 

•HR 5845 IH

er than or equal to 50 parts per mil-1

lion above background concentrations. 2

(F) NATURAL-GAS FIRED STEAM BOIL-3

ERS.—Not later than 3 years after the date of 4

enactment of this Act, the Administrator shall 5

promulgate a final rule revising subpart Db of 6

part 60 of title 40, Code of Federal Regulations 7

(as in effect on the date of enactment of this 8

Act), to ensure that boilers or heaters located 9

at an affected covered facility regulated under 10

that subpart may only burn gaseous fuels, not 11

solid fuels or liquid fuels. 12

(G) MONITORING.—Not later than 3 years 13

after the date of enactment of this Act, the Ad-14

ministrator shall promulgate a final rule revis-15

ing subparts DDD, NNN, RRR, and other rel-16

evant subparts of part 60 of title 40, Code of 17

Federal Regulations (as in effect on the date of 18

enactment of this Act)— 19

(i) to require continuous emissions 20

monitoring of nitrogen oxides, sulfur diox-21

ide, carbon monoxide, and filterable partic-22

ulate matter for all combustion devices ex-23

cept for non-enclosed flares, including dur-24

ing startups, shutdowns, and malfunctions 25

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114 

•HR 5845 IH

of the facilities regulated by those sub-1

parts; 2

(ii) to require— 3

(I) accurate and continuous rec-4

ordkeeping when continuous moni-5

toring is required under clause (i); 6

and 7

(II) the records required under 8

subclause (I) to be made available to 9

the public; and 10

(iii) to require fenceline monitoring 11

under section 63.658 of title 40, Code of 12

Federal Regulations (as in effect on the 13

date of enactment of this Act), for nitrogen 14

oxides, sulfur dioxide, carbon monoxide, fil-15

terable and condensable particulate matter, 16

and all other relevant hazardous air pollut-17

ants. 18

(3) NATIONAL EMISSION STANDARDS FOR HAZ-19

ARDOUS AIR POLLUTANTS IMPLEMENTATION IM-20

PROVEMENTS.— 21

(A) EQUIPMENT LEAKS OF BENZENE.— 22

Not later than 3 years after the date of enact-23

ment of this Act, the Administrator shall pro-24

mulgate a final rule modifying section 61.112 25

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115 

•HR 5845 IH

of title 40, Code of Federal Regulations (as in 1

effect on the date of enactment of this Act), 2

that strikes subsection (c). 3

(B) BENZENE WASTE OPERATIONS.—Not 4

later than 3 years after the date of enactment 5

of this Act, the Administrator shall promulgate 6

a final rule modifying subpart FF of part 61 of 7

title 40, Code of Federal Regulations (as in ef-8

fect on the date of enactment of this Act), to 9

ensure that— 10

(i) the term ‘‘no detectable emissions’’ 11

is defined to mean an instrument reading 12

of less than 50 parts per million above 13

background concentrations; and 14

(ii) the term ‘‘leak’’ is defined to 15

mean an instrument reading of greater 16

than or equal to 50 parts per million above 17

background concentrations. 18

(C) MAXIMUM ACHIEVABLE CONTROL 19

TECHNOLOGY STANDARDS FOR COVERED FA-20

CILITIES.—Not later than 3 years after the 21

date of enactment of this Act, the Adminis-22

trator shall— 23

(i) promulgate a final rule modifying 24

subpart YY of part 63 of title 40, Code of 25

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116 

•HR 5845 IH

Federal Regulations (as in effect on the 1

date of enactment of this Act), to ensure 2

that— 3

(I) the generic maximum achiev-4

able control technology standards de-5

scribed in that subpart— 6

(aa) require no detectable 7

emissions of hazardous air pollut-8

ants, unless the Administrator— 9

(AA) determines that 10

the maximum degree of re-11

duction in emissions of haz-12

ardous air pollutants achiev-13

able pursuant to section 14

112(d)(2) of the Clean Air 15

Act (42 U.S.C. 7412(d)(2)) 16

justifies higher limits; and 17

(BB) publishes the de-18

termination under subitem 19

(AA) and the proposed high-20

er limits in a rulemaking; 21

(bb) ensure an ample mar-22

gin of safety to protect public 23

health and prevent an adverse 24

environmental effect; and 25

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117 

•HR 5845 IH

(cc) prevent adverse cumu-1

lative effects to fetal health, the 2

health of children, and the health 3

of vulnerable subpopulations; and 4

(II) the term ‘‘no detectable 5

emissions’’, as required under sub-6

clause (I)(aa), is defined to mean an 7

instrument reading of less than 50 8

parts per million above background 9

concentrations; and 10

(ii) in promulgating the final rule re-11

quired in clause (i)(I), consider— 12

(I) the effects and risks of expo-13

sure from multiple sources of haz-14

ardous air pollutants under the sub-15

part modified under that clause; and 16

(II) the best available science, in-17

cluding science provided by the Na-18

tional Academies of Science. 19

(e) CLEAN WATER.— 20

(1) REVISED EFFLUENT LIMITATION GUIDE-21

LINES FOR THE ORGANIC CHEMICAL, PLASTICS, AND 22

SYNTHETIC FIBERS INDUSTRIAL CATEGORY.— 23

(A) BAT AND NSPS STANDARDS FOR PLAS-24

TIC POLYMER PRODUCTION.—Not later than 3 25

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118 

•HR 5845 IH

years after the date of enactment of this Act, 1

the Administrator shall promulgate a final 2

rule— 3

(i) that ensures that the best available 4

technology limitations described in part 5

414 of title 40, Code of Federal Regula-6

tions (as modified under clause (ii)), ap-7

plies to covered facilities that produce 8

fewer than 5,000,001 pounds of covered 9

products per year; 10

(ii) modifying part 414 of title 40, 11

Code of Federal Regulations (as in effect 12

on the date of enactment of this Act), to 13

ensure that the best available technology 14

and new source performance standard re-15

quirements under that part reflect updated 16

best available technology and best available 17

demonstrated control technology for all 18

pollutants discharged by covered facilities 19

that produce covered products, including 20

pollutants of concern that are not regu-21

lated on the date of enactment of this Act; 22

and 23

(iii) modifying sections 414.91(b), 24

414.101(b), and 414.111(b) of title 40, 25

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119 

•HR 5845 IH

Code of Federal Regulations (as in effect 1

on the date of enactment of this Act), to 2

ensure that— 3

(I) for new source performance 4

standards for applicable covered facili-5

ties producing covered products, the 6

maximum effluent limit for any 1 day 7

and for any monthly average for the 8

priority pollutants described in appen-9

dix A to part 423 of title 40, Code of 10

Federal Regulations (as in effect on 11

the date of enactment of this Act), is 12

0 milligrams per liter unless the Ad-13

ministrator— 14

(aa) determines that higher 15

limits are justified using best 16

available demonstrated control 17

technology; and 18

(bb) publishes the deter-19

mination under item (aa) and the 20

proposed higher limits in a rule-21

making; and 22

(II) for best available technology 23

and new source performance stand-24

ards, the maximum effluent limit for 25

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120 

•HR 5845 IH

any 1 day and for any monthly aver-1

age for total plastic pellets and other 2

plastic material is 0 milligrams per 3

liter. 4

(B) EFFLUENT LIMITATIONS FOR RUNOFF 5

FROM PLASTIC POLYMER PRODUCTION AND 6

PLASTIC MOLDING AND FORMING FACILITIES.— 7

Not later than 60 days after the date of enact-8

ment of this Act, the Administrator shall pro-9

mulgate a final rule modifying parts 414 and 10

463 of title 40, Code of Federal Regulations (as 11

in effect on the date of enactment of this Act), 12

to ensure that— 13

(i) the runoff from facilities regulated 14

under part 414 or 463 of that title con-15

tains, for any 1 day and for any monthly 16

average, 0 milligrams per liter of plastic 17

pellets or other plastic materials; and 18

(ii) the requirement under clause (i) is 19

reflected in all stormwater and other per-20

mits issued by the Administrator and 21

State-delegated programs under section 22

402 of the Federal Water Pollution Con-23

trol Act (33 U.S.C. 1342), in addition to 24

other applicable limits and standards. 25

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121 

•HR 5845 IH

(C) EFFLUENT LIMITATIONS FOR RUNOFF 1

FROM FACILITIES THAT TRANSPORT AND PACK-2

AGE PLASTIC PELLETS OR OTHER PLASTIC MA-3

TERIALS.—Not later than 180 days after the 4

date of enactment of this Act, the Adminis-5

trator shall— 6

(i) identify, in addition to the facilities 7

described in subparagraph (B)(i), other 8

sources of runoff or other pollution con-9

sisting of plastic pellets or other plastic 10

materials into navigable waters (as defined 11

in section 502 of the Federal Water Pollu-12

tion Control Act (33 U.S.C. 1362)); and 13

(ii) promulgate a final rule that— 14

(I) limits the discharge of plastic 15

pellets or other plastic materials in 16

wastewater and runoff from facilities 17

identified under clause (i) to, for any 18

1 day and for any monthly average, 0 19

milligrams per liter; and 20

(II) requires the limitation under 21

subclause (I) to be reflected in all 22

stormwater and other permits issued 23

by the Administrator and State-dele-24

gated programs under section 402 of 25

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122 

•HR 5845 IH

the Federal Water Pollution Control 1

Act (33 U.S.C. 1342), in addition to 2

other applicable limits and standards. 3

(2) REVISED EFFLUENT LIMITATIONS GUIDE-4

LINES FOR ETHYLENE AND PROPYLENE PRODUC-5

TION.— 6

(A) BAT AND NSPS STANDARDS.—Not 7

later than 3 years after the date of enactment 8

of this Act, the Administrator shall promulgate 9

a final rule— 10

(i) modifying sections 419.23, 419.26, 11

419.33, and 419.36 of title 40, Code of 12

Federal Regulations (as in effect on the 13

date of enactment of this Act), to ensure 14

that the best available technology and new 15

source performance standards reflect up-16

dated best available technology and best 17

available demonstrated control technology 18

for all pollutants discharged by covered fa-19

cilities producing ethylene or propylene; 20

and 21

(ii) modifying sections 419.26(a) and 22

419.36(a) of title 40, Code of Federal Reg-23

ulations (as in effect on the date of enact-24

ment of this Act), to ensure that the new 25

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123 

•HR 5845 IH

source performance standards for any 1 1

day and for average of daily values for 30 2

consecutive days for the priority pollutants 3

described in appendix A to part 423 of 4

title 40, Code of Federal Regulations (as 5

in effect on the date of enactment of this 6

Act), is 0 milligrams per liter unless the 7

Administrator— 8

(I) determines that higher limits 9

are justified using best available dem-10

onstrated control technology; and 11

(II) the Administrator publishes 12

the determination under item (aa) and 13

the proposed higher limits in a rule-14

making. 15

(B) RUNOFF LIMITATIONS FOR ETHYLENE 16

AND PROPYLENE PRODUCTION.—Not later than 17

3 years after the date of enactment of this Act, 18

the Administrator shall promulgate a final rule 19

modifying sections 419.26(e) and 419.36(e) of 20

title 40, Code of Federal Regulations (as in ef-21

fect on the date of enactment of this Act), to 22

ensure that runoff limitations that reflect best 23

available demonstrated control technology are 24

included. 25

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124 

•HR 5845 IH

(f) ENVIRONMENTAL JUSTICE REQUIREMENTS FOR 1

COVERED FACILITY PERMITS.— 2

(1) IN GENERAL.—Not later than 3 years after 3

the date of enactment of this Act, the Administrator 4

shall promulgate a final rule to ensure that— 5

(A) any proposed permit to be issued by 6

the Administrator or by a State agency dele-7

gated authority under the Clean Air Act (42 8

U.S.C. 7401 et seq.) or the Federal Water Pol-9

lution Control Act (33 U.S.C. 1251 et seq.) 10

with respect to a covered facility is accompanied 11

by an environmental justice assessment that— 12

(i) assesses the direct and cumulative 13

economic, environmental, and public health 14

impacts of the proposed permit on front-15

line communities; and 16

(ii) proposes changes or alterations to 17

the proposed permit that would, to the 18

maximum extent practicable, eliminate or 19

mitigate the impacts described in clause 20

(i); 21

(B) each proposed permit and environ-22

mental justice assessment described in subpara-23

graph (A) is delivered to applicable frontline 24

communities at the beginning of the public com-25

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125 

•HR 5845 IH

ment period for the proposed permit, which 1

shall include notification through— 2

(i) direct means; and 3

(ii) publications likely to be obtained 4

by residents of the frontline community; 5

(C) the Administrator or a State agency 6

delegated authority under the Clean Air Act 7

(42 U.S.C. 7401 et seq.) or the Federal Water 8

Pollution Control Act (33 U.S.C. 1251 et seq.), 9

as applicable, shall not approve a proposed per-10

mit described in subparagraph (A) unless— 11

(i) changes or alterations have been 12

incorporated into the proposed permit that, 13

to the maximum extent practicable, elimi-14

nate or mitigate the environmental justice 15

impacts described in subparagraph (A)(i); 16

and 17

(ii) the changes or alterations de-18

scribed in clause (i) have been developed 19

with input from residents or representa-20

tives of the frontline community in which 21

the covered facility to which the proposed 22

permit would apply is located or seeks to 23

locate; and 24

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126 

•HR 5845 IH

(D) the approval of a proposed permit de-1

scribed in subparagraph (A) is conditioned on 2

the covered facility providing comprehensive 3

fenceline monitoring and response strategies 4

that fully protect public health and safety and 5

the environment in frontline communities. 6

(2) REQUIREMENT.—The Administrator shall 7

develop the final rule required under paragraph (1) 8

with input from— 9

(A) residents of frontline communities; and 10

(B) representatives of frontline commu-11

nities. 12

(g) EXTENDED PRODUCER RESPONSIBILITY FOR 13

INTERNATIONAL PLASTIC EXPORTS.—The temporary 14

pause on the export of covered products under subsection 15

(b)(4) shall remain in place until the Secretary of Com-16

merce promulgates a final rule that— 17

(1) requires the tracking of covered products 18

from sale to disposal; 19

(2) prohibits the export of covered products to 20

purchasers that convert those plastics into single-use 21

plastics; 22

(3) requires the Secretary of Commerce, not 23

less frequently than once every 2 years and in con-24

sultation with the Administrator and the Secretary 25

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127 

•HR 5845 IH

of Health and Human Services, to publish a report 1

measuring and evaluating the environmental and en-2

vironmental justice impacts of exporting covered 3

products from sale to disposal; and 4

(4) establishes enforceable mechanisms for sell-5

ers or purchasers of covered products to mitigate the 6

environmental and environmental justice impacts of 7

those covered products from sale to disposal. 8

Æ 

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    /NOR 
    /POL 
    /PTB 
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  >>
  /Namespace [
    (Adobe)
    (Common)
    (1.0)
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  /OtherNamespaces [
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      /AsReaderSpreads false
      /CropImagesToFrames true
      /ErrorControl /WarnAndContinue
      /FlattenerIgnoreSpreadOverrides false
      /IncludeGuidesGrids false
      /IncludeNonPrinting false
      /IncludeSlug false
      /Namespace [
        (Adobe)
        (InDesign)
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      ]
      /OmitPlacedBitmaps false
      /OmitPlacedEPS false
      /OmitPlacedPDF false
      /SimulateOverprint /Legacy
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      /AddBleedMarks false
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      /AddCropMarks false
      /AddPageInfo false
      /AddRegMarks false
      /ConvertColors /ConvertToCMYK
      /DestinationProfileName ()
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      /Downsample16BitImages true
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      /FormElements false
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      /PDFXOutputIntentProfileSelector /DocumentCMYK
      /PreserveEditing true
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      /UntaggedRGBHandling /UseDocumentProfile
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>> setdistillerparams
<<
  /HWResolution [2400 2400]
  /PageSize [612.000 792.000]
>> setpagedevice



		Superintendent of Documents
	2020-02-18T02:58:05-0500
	US GPO, Washington, DC 20401
	Superintendent of Documents
	GPO attests that this document has not been altered since it was disseminated by GPO
        

Picture Name From Date Type
Alan Lowenthal D-CA 02/11/2020 Sponsor
Frederica Wilson D-FL 02/25/2020 Cosponsor
Peter Welch D-VT 02/11/2020 Cosponsor
Maxine Waters D-CA 02/11/2020 Cosponsor
Nydia Velazquez D-NY 02/11/2020 Cosponsor
Juan Vargas D-CA 05/22/2020 Cosponsor
David Trone D-MD 03/02/2020 Cosponsor
Rashida Tlaib D-MI 02/11/2020 Cosponsor
Bennie Thompson D-MS 02/25/2020 Cosponsor
Mike Thompson D-CA 02/21/2020 Cosponsor
Thomas Suozzi D-NY 02/11/2020 Cosponsor
Kim Schrier D-WA 02/21/2020 Cosponsor
1 to 12 of 70 Desc 12
Date Branch Action
02/12/2020 President Referred to the Subcommittee on Water Resources and Environment.Action By: Committee on Transportation and Infrastructure
02/11/2020 President 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.Action By: House of Representatives
02/11/2020 President Introduced in HouseAction By: House of Representatives
Summary
There is one summary for H.R.5845. View summaries Shown Here:Introduced in House (02/11/2020) 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.
Shown Here:Introduced in House (02/11/2020) 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.
Congress - Bill Number Major Title
Branch Vote Date Yes No Not Voting
Wiki






Bill TEXT Points.
This Bill has been listed with the following Subjects from Texts:
Acts
(c)Expenditures from trust fundAmounts 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

Age
(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

Army
(7)SecretaryThe term Secretary means the Secretary of the Army, acting through the Chief of Engineers

Atmosphere
Study and action on derelict fishing gear(a)ReportNot 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 ge


End Bill TEXT Points.
Date Bill Major Title
Committee Name
Subject Type