119-hr4109

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4109 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4109

To require the Administrator of the Environmental Protection Agency to 
 carry out certain activities to improve recycling and composting 
 programs in the United States, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 June 24, 2025

 Mr. Neguse (for himself, Mr. Burchett, and Mr. Foster) introduced the 
 following bill; which was referred to the Committee on Energy and 
 Commerce

_______________________________________________________________________

 A BILL

To require the Administrator of the Environmental Protection Agency to 
 carry out certain activities to improve recycling and composting 
 programs in the United States, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Recycling and Composting 
Accountability Act''.

SEC. 2. DEFINITIONS.

    (a) In General.--In this Act:

    (1) Administrator.--The term ``Administrator'' means the 
 Administrator of the Environmental Protection Agency.

    (2) Compost.--The term ``compost'' means a product that--
        (A) is manufactured through the controlled aerobic, 
 biological decomposition of biodegradable materials;
        (B) has been subjected to medium and high 
 temperature organisms, which--
            (i) significantly reduce the viability of 
 pathogens and weed seeds; and
            (ii) stabilize carbon in the product such 
 that the product is beneficial to plant growth; 
 and
            (C) is typically used as a soil amendment, but may 
 also contribute plant nutrients.

    (3) Compostable material.--The term ``compostable 
 material'' means material that is a feedstock for creating 
 compost, including--
        (A) wood;
        (B) agricultural crops;
            (C) paper, such as cardboard and other paper 
 products;
            (D) certified compostable products associated with 
 organic waste;
        (E) other organic plant material;
        (F) organic waste, including food waste and yard 
 waste; and
        (G) such other material that is composed of biomass 
 that can be continually replenished or renewed, as 
 determined by the Administrator.

    (4) Indian tribe.--The term ``Indian Tribe'' has the 
 meaning given the term in 

section 4 of the Indian Self-
 Determination and Education Assistance Act (25 U.S.C. 5304).

    (5) Recyclable material.--The term ``recyclable material'' 
 means a material that is obsolete, previously used, off-
 specification, surplus, or incidentally produced for processing 
 into a specification-grade commodity for which a reuse market 
 currently exists or is being developed.

    (6) Recycling.--The term ``recycling'' means the series of 
 activities--
        (A) during which recyclable materials are processed 
 into specification-grade commodities and consumed as 
 raw-material feedstock, in lieu of virgin materials, in 
 the manufacturing of new products;
        (B) that may, with regard to recyclable materials 
 and prior to the activities described in subparagraph
        (A) , include sorting, collection, processing, and 
 brokering; and
            (C) that result, subsequent to processing described 
 in subparagraph
        (A) , in consumption by a materials 
 manufacturer, including for the manufacturing of new 
 products.

    (7) State.--The term ``State'' has the meaning given the 
 term in 

section 1004 of the Solid Waste Disposal Act (42 U.S.C. 
 6903).

    (b) Definition of Processing.--In paragraphs

    (5) and

    (6) of 
subsection

    (a) , the term ``processing'' means any mechanical, manual, 
or other method that--

    (1) transforms a recyclable material into a specification-
 grade commodity; and

    (2) may occur in multiple steps, with different phases, 
 including sorting, occurring at different locations.

SEC. 3. REPORTS ON COMPOSTING AND RECYCLING INFRASTRUCTURE 
 CAPABILITIES.

    (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 
U.S.C. 6941 et seq.) is amended by adding at the end the following:

``

SEC. 4011. REPORTS ON COMPOSTING AND RECYCLING INFRASTRUCTURE 
 CAPABILITIES.

 ``

    (a) 

=== Definitions. ===
-In this section:
 ``

    (1) Recycling and composting accountability act terms.--
 The terms `compost', `compostable material', `recyclable 
 material', and `recycling' have the meanings given such terms 
 in 

section 2 of the Recycling and Composting Accountability 
 Act.
 ``

    (2) Composting facility.--The term `composting facility' 
 means a location, structure, or device that transforms 
 compostable materials into compost.
 ``

    (3) Indian tribe.--The term `Indian Tribe' has the 
 meaning given the term in 

section 4 of the Indian Self-
 Determination and Education Assistance Act (25 U.S.C. 5304).
 ``

    (4) Materials recovery facility.--
 ``
        (A) In general.--The term `materials recovery 
 facility' means a dedicated facility where primarily 
 residential recyclable materials, which are diverted 
 from disposal by the generator and collected separately 
 from municipal solid waste, are mechanically or 
 manually sorted into commodities for further processing 
 into specification-grade commodities for sale to end 
 users.
 ``
        (B) Exclusion.--The term `materials recovery 
 facility' does not include a solid waste management 
 facility that may process municipal solid waste to 
 remove recyclable materials.
 ``
            (C) Definition of processing.--For purposes of 
 this paragraph, the term `processing' has the meaning 
 given such term in 

section 2

    (b) of the Recycling and 
 Composting Accountability Act.
 ``

    (b) Report.--
 ``

    (1) In general.--The Administrator shall request 
 information and data from, collaborate with, or contract with, 
 as necessary and appropriate, States, units of local 
 government, and Indian Tribes, for the provision, preparation, 
 and publication of a report, or to expand work under the 
 National Recycling Strategy to include information and data, on 
 compostable materials and efforts to reduce contamination rates 
 for recycling, including--
 ``
        (A) an evaluation of existing Federal, State, and 
 local laws that may present barriers to implementation 
 of composting strategies;
 ``
        (B) a description and evaluation of composting 
 infrastructure and programs within States, units of 
 local government, and Indian Tribes;
 ``
            (C) an estimate of the costs and approximate land 
 needed to expand composting programs; and
 ``
            (D) a review of the practices of manufacturers 
 and companies that are moving to using compostable 
 packaging and food service ware for the purpose of 
 making the composting process the end-of-life use of 
 those products.
 ``

    (2) Submission.--Not later than 2 years after the date of 
 enactment of this section, the Administrator shall submit to 
 Congress the report prepared under paragraph

    (1) .
 ``
            (c) Inventory of Materials Recovery Facilities.--Not later than 3 
years after the date of enactment of this section, and every 4 years 
thereafter, the Administrator, in consultation with relevant Federal 
agencies and States, units of local government, and Indian Tribes, 
shall--
 ``

    (1) prepare an inventory or estimate of materials 
 recovery facilities in the United States, including--
 ``
        (A) the number of materials recovery facilities 
 in each State; and
 ``
        (B) a general description of the materials that 
 each of those materials recovery facilities can 
 process, including--
 ``
            (i) in the case of plastic, a description 
 of--
 ``
            (I) the types of accepted resin, 
 if applicable; and
 ``
            (II) the packaging or product 
 format, such as a jug, a carton, or 
 film;
 ``
            (ii) food packaging and service ware, 
 such as a bottle, cutlery, or a cup;
 ``
            (iii) paper;
 ``
            (iv) aluminum, such as an aluminum 
 beverage can, food can, aerosol can, or foil;
 ``
            (v) steel, such as a steel food or 
 aerosol can;
 ``
            (vi) other scrap metal;
 ``
            (vii) glass; or
 ``
            (viii) any other material not described 
 in any of clauses
            (i) through
            (vii) that a 
 materials recovery facility processes; and
 ``

    (2) submit to Congress the inventory or estimate prepared 
 under paragraph

    (1) .
 ``
            (d) Information on Recycling and Composting Systems.--The 
Administrator shall, as necessary and appropriate, collaborate or 
contract with States, units of local government, and Indian Tribes to 
estimate, with respect to the United States--
 ``

    (1) the number and types of recycling and composting 
 programs;
 ``

    (2) the types and forms of materials accepted by 
 recycling or composting programs;
 ``

    (3) the number of individuals--
 ``
        (A) with access to recycling and composting 
 services to at least the extent of access to disposal 
 services; and
 ``
        (B) who use, on a percentage basis, the recycling 
 and composting services described in subparagraph
        (A) ;
 ``

    (4) the number of individuals with barriers to accessing 
 recycling and composting services similar to their access to 
 disposal services and the types of those barriers experienced;
 ``

    (5) the inbound contamination and capture rates of 
 recycling and composting programs;
 ``

    (6) if applicable, other available recycling or 
 composting programs; and
 ``

    (7) the average costs and benefits to States, units of 
 local government, and Indian Tribes of recycling and composting 
 programs.
 ``

    (e) Recycling Reporting Rates.--
 ``

    (1) Collection of data; development of rates.--The 
 Administrator may use amounts made available under 

section 6 of 
 the Recycling and Composting Accountability Act--
 ``
        (A) to biannually collect, in collaboration with 
 States, to the extent practicable, information supplied 
 on a voluntary basis to develop the estimated rates 
 described in subparagraphs
        (B) and
            (C) ;
 ``
        (B) to develop a standardized estimated rate of 
 recyclable materials in States that provide information 
 under subparagraph
        (A) that have been successfully 
 diverted from the waste stream and brought to a 
 materials recovery facility or composting facility; and
 ``
            (C) to develop an estimated national recycling 
 rate based on the information described in 
 subparagraphs
        (A) and
        (B) .
 ``

    (2) Use.--Using amounts made available under 

section 6 of 
 the Recycling and Composting Accountability Act, the 
 Administrator may use the information collected and rates 
 developed under paragraph

    (1) to provide requesting States, 
 units of local government, and Indian Tribes data and technical 
 assistance--
 ``
        (A) to reduce the overall waste produced by the 
 States, units of local government, and Indian Tribes;
 ``
        (B) to assist the States, units of local 
 government, and Indian Tribes in understanding the 
 nuances of the information collected relating to 
 diversion activities; and
 ``
            (C) to increase recycling and composting rates of 
 the States, units of local government, and Indian 
 Tribes.
 ``

    (f) Report on End Markets.--The Administrator, in collaboration 
or contract with, as necessary and appropriate, relevant Federal 
agencies, States, units of local government, or Indian Tribes, shall--
 ``

    (1) provide an update to the report submitted under 
 

section 306 of the Save Our Seas 2.0 Act (Public Law 116-224; 
 134 Stat. 1096) to include an addendum on the end-market sale 
 of all recyclable materials from materials recovery facilities 
 that process recyclable materials, including, to the extent 
 practicable--
 ``
        (A) the total, in dollars per ton, domestic sales 
 of bales of recyclable materials; and
 ``
        (B) the total, in dollars per ton, international 
 sales of bales of recyclable materials;
 ``

    (2) prepare a report on the end-market sale of compost 
 from, to the extent practicable, compostable materials, 
 including the total, in dollars per ton, of domestic sales of 
 compostable materials; and
 ``

    (3) not later than 3 years after the date of enactment of 
 this section, submit to Congress the update to the report 
 prepared under paragraph

    (1) and the report prepared under 
 paragraph

    (2) .
 ``

    (g) Privileged or Confidential Information.--
 ``

    (1) In general.--Information collected under subsection

    (e)

    (1) or paragraph

    (1) or

    (2) of subsection

    (f) shall not 
 include any privileged or confidential information described in 
 

section 552

    (b)

    (4) of title 5, United States Code.
 ``

    (2) Nondisclosure.--Information collected to carry out 
 this section shall not be made public if the information meets 
 the requirements of 

section 552

    (b) of title 5, United States 
 Code.''.

    (b) Clerical Amendment.--The table of contents in 

section 1001 of 
the Solid Waste Disposal Act is amended by inserting after the item 
relating to 

section 4010 the following:

``

Sec. 4011. Report on composting and recycling infrastructure 
 capabilities.''.

SEC. 4. FEDERAL AGENCY ACTIVITIES RELATED TO RECYCLING.

 Not later than 2 years after the date of enactment of this Act, and 
every 2 years thereafter until 2033, the Comptroller General of the 
United States shall make publicly available a report--

    (1) detailing or, to the extent practicable, providing an 
 estimate of--
        (A) the total annual recycling and composting rates 
 reported by all Federal agencies; and
        (B) the total annual percentage of products 
 containing recyclable material, compostable material, 
 or recovered materials purchased by all Federal 
 agencies, including--
            (i) the total quantity of procured products 
 containing recyclable material or recovered 
 materials listed in the comprehensive 
 procurement guidelines published under 

section 6002

    (e) of the Solid Waste Disposal Act (42 
 U.S.C. 6962

    (e) ); and
            (ii) the total quantity of compostable 
 material purchased by all Federal agencies;

    (2) identifying the activities of each Federal agency that 
 promote recycling or composting; and

    (3) identifying activities that Federal agencies could 
 carry out to further promote recycling or composting.

SEC. 5. STUDY ON THE DIVERSION OF RECYCLABLE MATERIALS FROM A CIRCULAR 
 MARKET.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Administrator shall develop a metric for determining 
the proportion of recyclable materials in commercial and municipal 
waste streams that are being diverted from a circular market.

    (b) Study; Report.--Not later than 1 year after the development of 
a metric under subsection

    (a) , the Administrator shall conduct a study 
of, and submit to Congress a report on, the proportion of recyclable 
materials in commercial and municipal waste streams that, during each 
of the 10 calendar years preceding the year of submission of the 
report, were diverted from a circular market.
            (c) Data.--The report under subsection

    (b) shall provide data on 
specific recyclable materials, including aluminum, plastics, paper and 
paperboard, textiles, and glass, that were prevented from remaining in 
a circular market through disposal or elimination, and to what use 
those specific recyclable materials were lost.
            (d) Evaluation.--The report under subsection

    (b) shall include an 
evaluation of whether the establishment or improvement of recycling 
programs would--

    (1) improve recycling rates;

    (2) reduce the quantity of recyclable materials being 
 unutilized in a circular market; and

    (3) affect prices paid by consumers for products using 
 materials recycled in the circular market.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

 There is authorized to be appropriated to the Administrator to 
carry out this Act and the amendments made by this Act $4,000,000 for 
each of fiscal years 2025 through 2029.

SEC. 7. ADMINISTRATION.

    (a) Unfunded Mandates.--The Administrator or the Secretary of 
Commerce may not exercise any authority under this Act or any amendment 
made by this Act if exercising that authority would require a State, a 
unit of local government, or an Indian Tribe to carry out a mandate for 
which funding is not available.

    (b) Nondisclosure.--Any information collected to carry out this Act 
shall not be made public if the information meets the requirements of 

section 552

    (b) of title 5, United States Code.
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