#aagth ,,congress #b;d ,session ,s4 #cgdc ,,an ,,act ,to require the ,administrator of the ,environmental ,protection ,agency to carry out certain activities to improve recycling and composting programs in the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,recycling and ,composting ,accountability ,act4 #b4 ,definitions 7a7 ,in general ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,circular market ,the term circular market means a market that utilizes industrial processes and economic activities to enable post-industrial and post-consumer materials used in those processes and activities to maintain their highest values for as long as possible4 7#c7 ,compost ,the term compost means a product that-- 7,a7 is manufactured through the controlled aerobic1 biological decomposition of biodegradable materials2 7,b7 has been subjected to medium and high temperature organisms1 which-- 7i7 significantly reduce the viability of pathogens and weed seeds2 and 7ii7 stabilize carbon in the product such that the product is beneficial to plant growth2 and 7,c7 is typically used as a soil amendment1 but may also contribute plant nutrients4 7#d7 ,compostable material ,the term compostable material means material that is a feedstock for creating compost1 including-- 7,a7 wood2 7,b7 agricultural crops2 7,c7 paper2 7,d7 certified compostable products associated with organic waste2 7,e7 other organic plant material2 7,f7 marine products2 7,g7 organic waste1 including food waste and yard waste2 and 7,h7 such other material that is composed of biomass that can be continually replenished or renewed1 as determined by the ,administrator4 7#e7 ,composting facility ,the term composting facility means a location1 structure1 or device that transforms compostable materials into compost4 7#f7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#g7 ,materials recovery facility 7,a7 ,in general ,the term materials recovery facility means a dedicated facility where primarily residential recyclable materials1 which are diverted from disposal by the generator and collected separately from municipal solid waste1 are mechanically or manually sorted into commodities for further processing into specification-grade commodities for sale to end users4 7,b7 ,exclusion ,the term materials recovery facility does not include a solid waste management facility that may process municipal solid waste to remove recyclable materials4 7#h7 ,recyclable material ,the term recyclable material means a material that is obsolete1 previously used1 off-specification1 surplus1 or incidentally produced for processing into a specification-grade commodity for which a circular market currently exists or is being developed4 7#i7 ,recycling ,the term recycling means the series of activities-- 7,a7 during which recyclable materials are processed into specification-grade commodities1 and consumed as raw-material feedstock1 in lieu of virgin materials1 in the manufacturing of new products2 7,b7 that may include sorting1 collection1 processing1 and brokering2 and 7,c7 that result in subsequent consumption by a materials manufacturer1 including for the manufacturing of new products4 7#aj7 ,state ,the term ,state has the meaning given the term in section #ajjd of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fijc74 7b7 ,definition of processing ,in paragraphs 7#g71 7#h71 and 7#i7 of subsection 7a71 the term processing means any mechanical1 manual1 or other method that-- 7#a7 transforms a recyclable material into a specification-grade commodity2 and 7#b7 may occur in multiple steps1 with different steps1 including sorting1 occurring at different locations4 #c4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 recycling and composting conserve resources1 protect the environment1 and are important to the ,united ,states economy2 7#b7 the ,united ,states recycling and composting infrastructure encompass each of the entities that collect1 process1 broker1 and consume recyclable materials and compostable materials sourced from commercial1 industrial1 institutional1 and residential sources2 7#c7 the residential segment of the ,united ,states recycling and composting infrastructure is facing challenges from-- 7,a7 confusion over what materials are recyclable materials or compostable materials2 7,b7 reduced export markets2 7,c7 growing1 but still limited1 domestic end markets2 and 7,d7 an ever-changing and heterogeneous supply stream2 7#d7 in some areas1 recycling and composting infrastructure is in need of revitalization2 and 7#e7 in an effort to address those challenges1 the ,united ,states must use a combination of tactics to improve recycling and composting in the ,united ,states4 #d4 ,report on composting infrastructure capabilities ,the ,administrator1 in consultation with ,states1 units of local government1 and ,indian ,tribes1 shall-- 7#a7 prepare a report describing the capability of the ,united ,states to implement a national composting strategy for compostable materials for the purposes of reducing contamination rates for recycling1 including-- 7,a7 an evaluation of existing ,federal1 ,state1 and local laws that may present barriers to implementation of a national composting strategy2 7,b7 7i7 an evaluation of existing composting programs of ,states1 units of local government1 and ,indian ,tribes2 and 7ii7 a description of best practices based on those programs2 7,c7 an evaluation of existing composting infrastructure in ,states1 units of local government1 and ,indian ,tribes for the purposes of estimating cost and approximate land needed to expand composting programs2 and 7,d7 a study 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 products2 and 7#b7 not later than #a year after the date of enactment of this ,act1 submit the report prepared under paragraph 7#a7 to ,congress4 #e4 ,report on ,federal agency recycling practices ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,comptroller ,general of the ,united ,states1 in consultation with the ,administrator1 shall make publicly available a report describing-- 7#a7 the total annual recycling and composting rates reported by all ,federal agencies2 7#b7 the total annual percentage of products containing recyclable material1 compostable material1 or recovered materials purchased by all ,federal agencies1 including-- 7,a7 the total quantity of procured products containing recyclable material or recovered materials listed in the comprehensive procurement guidelines published under section #fjjb7;e7 of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fifb7;e772 and 7,b7 the total quantity of compostable material purchased2 7#c7 recommendations for updating-- 7,a7 the comprehensive procurement guidelines published under section #fjjb7;e7 of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fifb7;e772 and 7,b7 the environmentally preferable purchasing program established under section #ffjd7;b77#aa7 of the ,pollution ,prevention ,act of #aiij 7#db ,u4,s4,c4 #acajc7;b77#aa772 and 7#d7 the activities of each ,federal agency that promote recycling or composting4 #f4 ,improving data and reporting 7a7 ,inventory of materials recovery facilities ,not later than #a year after the date of enactment of this ,act1 and biannually thereafter1 the ,administrator1 in consultation with ,states1 units of local government1 and ,indian ,tribes1 shall-- 7#a7 prepare an inventory of public and private materials recovery facilities in the ,united ,states1 including-- 7,a7 the number of materials recovery facilities in each unit of local government in each ,state2 and 7,b7 a description of the materials that each materials recovery facility can process1 including-- 7i7 in the case of plastic1 a description of-- 7,i7 the types of accepted resin1 if applicable2 and 7,,ii7 the packaging or product format1 such as a jug1 a carton1 or film2 7ii7 food packaging and service ware1 such as a bottle1 cutlery1 or a cup2 7iii7 paper2 7iv7 aluminum1 such as an aluminum beverage can1 food can1 aerosol can1 or foil2 7v7 steel1 such as a steel food or aerosol can2 7vi7 other scrap metal2 7vii7 glass2 or 7viii7 any other material not described in any of clauses 7i7 through 7vii7 that a materials recovery facility can process2 and 7#b7 submit the inventory prepared under paragraph 7#a7 to ,congress4 7b7 ,establishment of a comprehensive baseline of data for the ,united ,states recycling system ,the ,administrator1 in consultation with ,states1 units of local government1 and ,indian ,tribes1 shall determine1 with respect to the ,united ,states-- 7#a7 the number of community curbside recycling and composting programs2 7#b7 the number of community drop-off recycling and composting programs2 7#c7 the types and forms of materials accepted by each community curbside recycling1 drop-off recycling1 or composting program2 7#d7 the number of individuals with access to recycling and composting services to at least the extent of access to disposal services2 7#e7 the number of individuals with barriers to accessing recycling and composting services to at least the extent of access to disposal services2 7#f7 the inbound contamination and capture rates of community curbside recycling1 drop-off recycling1 or composting programs2 7#g7 where applicable1 other available recycling or composting programs within a community1 including store drop-offs2 and 7#h7 the average cost to ,states1 units of local government1 and ,indian ,tribes of recycling and composting programs4 7c7 ,standardization of recycling reporting rates 7#a7 ,collection of rates 7,a7 ,in general ,the ,administrator may use amounts made available under section #i to biannually collect from each ,state the nationally standardized rate of recyclable materials in that ,state that have been successfully diverted from the waste stream and brought to a materials recovery facility or composting facility4 7,b7 ,confidential or proprietary business information ,information collected under subparagraph 7,a7 shall not include any confidential or proprietary business information1 as determined by the ,administrator4 7#b7 ,use ,using amounts made available under section #i1 the ,administrator may use the rates collected under paragraph 7#a7 to further assist ,states1 units of local government1 and ,indian ,tribes-- 7,a7 to reduce the overall waste produced by the ,states and units of local government2 and 7,b7 to increase recycling and composting rates4 7d7 ,report on end markets 7#a7 ,in general ,the ,administrator1 in consultation with ,states1 units of local government1 and ,indian ,tribes1 shall-- 7,a7 provide an update to the report submitted under section #cjf of the ,save ,our ,seas #b4j ,act 7,public ,law #aaf-bbd2 #acd ,stat4 #ajif7 to include an addendum on the end-market sale of all recyclable materials1 in addition to recycled plastics as described in that section1 from materials recovery facilities that process recyclable materials collected from households and publicly available recyclable materials drop-off centers1 including-- 7i7 the total1 in dollars per ton1 domestic sales of bales of recyclable materials2 and 7ii7 the total1 in dollars per ton1 international sales of bales of recyclable materials2 7,b7 prepare a report on the end-market sale of compost from all compostable materials collected from households and publicly available compost drop-off centers1 including the total1 in dollars per ton1 of domestic sales of compostable materials2 and 7,c7 not later than #a year after the date of enactment of this ,act1 submit to ,congress the update to the report prepared under subparagraph 7,a7 and the report prepared under subparagraph 7,b74 7#b7 ,confidential or proprietary business information ,information collected under subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 shall not include any confidential or proprietary business information1 as determined by the ,administrator4 #g4 ,study on the diversion of recyclable materials from a circular market 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 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 market4 7b7 ,study2 report ,not later than #a year after the development of a metric under subsection 7a71 the ,administrator shall conduct a study of1 and submit to ,congress a report on1 the proportion of recyclable materials in commercial and municipal waste streams that1 during each of the #aj calendar years preceding the year of submission of the report1 were diverted from a circular market4 7c7 ,data ,the report under subsection 7b7 shall provide data on specific recyclable materials1 including aluminum1 plastics1 paper and paperboard1 textiles1 and glass1 that were prevented from remaining in a circular market through disposal or elimination1 and to what use those specific recyclable materials were lost4 7d7 ,evaluation ,the report under subsection 7b7 shall include an evaluation of whether the establishment or improvement of recycling programs would-- 7#a7 improve recycling rates2 or 7#b7 reduce the quantity of recyclable materials being unutilized in a circular market4 #h4 ,voluntary guidelines ,the ,administrator shall-- 7#a7 in consultation with ,states1 units of local government1 and ,indian ,tribes1 develop1 based on the results of the studies1 reports1 inventory1 and data determined under sections #d through #g1 and provide to ,states1 units of local government1 and ,indian ,tribes best practices that the ,states1 units of local government1 and ,indian ,tribes may use to enhance recycling and composting1 including-- 7,a7 labeling techniques for containers of waste1 compostable materials1 and recycling1 with the goal of creating consistent1 readily available1 and understandable labeling across jurisdictions2 7,b7 pamphlets or other literature readily available to constituents2 7,c7 primary and secondary school educational resources on recycling2 7,d7 web and media-based campaigns2 and 7,e7 guidance for the labeling of recyclable materials and compostable materials that minimizes contamination and diversion of those materials from waste streams toward recycling and composting systems2 and 7#b7 not later than #b years after the date of enactment of this ,act1 submit to ,congress a report describing the best practices developed under paragraph 7#a74 #i4 ,authorization of appropriations ,there are authorized to be appropriated to the ,administrator such sums as are necessary to carry out this ,act for each fiscal year4 ,passed the ,senate ,july #bh1 #bjbb4,secretary