,,ii #aaith ,,congress #b;d ,session ,s4 #eebe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bd1 #bjbf,mr4 ,welch 7for himself1 ,mr4 ,merkley1 ,mr4 ,booker1 ,mr4 ,van ,hollen1 and ,mr4 ,sanders7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to eliminate toxic substances in beverage containers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,banning ,toxics from ,plastic ,bottles ,act of #bjbf4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,beverage 7,a7 ,in general ,the term beverage means any drinkable liquid intended for human oral consumption1 including-- 7i7 water2 7ii7 flavored water2 7iii7 soda water2 7iv7 mineral water2 7v7 beer2 7vi7 a malt beverage2 7vii7 a carbonated soft drink2 7viii7 liquor2 7ix7 tea2 7x7 coffee2 7xi7 hard cider2 7xii7 fruit juice2 7xiii7 an energy or sports drink2 7xiv7 coconut water2 7xv7 wine2 7xvi7 a yogurt drink2 7xvii7 a probiotic drink2 7xviii7 a wine cooler2 and 7xix7 any other beverage determined to be appropriate by the ,administrator4 7,b7 ,exclusions ,the term beverage does not include-- 7i7 a drug regulated under the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq472 7ii7 infant formula2 or 7iii7 a meal replacement liquid4 7#c7 ,beverage container 7,a7 ,in general ,the term beverage container means a prepackaged container that-- 7i7 is designed to hold a beverage2 7ii7 is made of any material1 including glass1 plastic1 and metal2 and 7iii7 has a volume of not more than #c liters4 7,b7 ,exclusions ,the term beverage container does not include-- 7i7 a carton2 or 7ii7 aseptic packaging1 such as a drink box4 7#d7 ,brand 7,a7 ,in general ,the term brand means any mark1 word1 name1 symbol1 design1 device1 or graphic element that-- 7i7 identifies a product2 and 7ii7 distinguishes the product from other products4 7,b7 ,inclusions ,the term brand includes-- 7i7 any combination of #b or more marks1 words1 names1 symbols1 designs1 devices1 or graphic elements described in subparagraph 7,a72 and 7ii7 any registered or unregistered trademark4 7#e7 ,plastic 7,a7 ,in general ,the term plastic means a synthetic or semisynthetic material that is-- 7i7 synthesized by the polymerization of organic substances2 and 7ii7 capable of being shaped into various rigid and flexible forms4 7,b7 ,inclusions ,the term plastic includes any coating or adhesive described in subparagraph 7,a74 7#f7 ,product line ,the term product line means a group of related products marketed under a single brand name that-- 7,a7 is sold1 offered for sale1 or distributed by a distributor in the ,united ,states1 including through an internet transaction2 and 7,b7 is used by the distributor for the purpose of distinguishing those products from other1 similar products for better usability for consumers4 7#g7 ,retailer 7,a7 ,in general ,the term retailer means an entity located in the ,united ,states that-- 7i7 engages in the sale of beverage containers to a consumer2 or 7ii7 provides beverage containers to an individual or entity in commerce1 including provision free of charge1 such as at a workplace or event4 7,b7 ,inclusion ,the term retailer includes an entity located in the ,united ,states that engages in the sale of1 or provides1 beverage containers as described in subparagraph 7,a7 through a vending machine or similar means4 7#h7 ,single-use ,the term single-use1 with respect to a beverage container1 means that the beverage container is routinely disposed of1 recycled1 or otherwise discarded after #a use4 7#i7 ,toxic substance 7,a7 ,in general ,the term toxic substance means any substance1 mixture1 or compound that-- 7i7 may cause-- 7,i7 personal injury or disease to humans through ingestion1 inhalation1 or absorption through any body surface2 or 7,,ii7 adverse impacts on the environment2 and 7ii7 satisfies #a or more of the conditions described in subparagraph 7,b74 7,b7 ,conditions ,the conditions referred to in subparagraph 7,a77ii7 are the following3 7i7 ,the substance1 mixture1 or compound is subject to reporting requirements under-- 7,i7 the ,emergency ,planning and ,community ,right-,to-,know ,act of #aihf 7#db ,u4,s4,c4 #aajja et seq472 7,,ii7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 or 7,,iii7 section #aab7r7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdab7r774 7ii7 ,the ,national ,institute for ,occupational ,safety and ,health1 the ,occupational ,safety and ,health ,administration1 the ,national ,toxicology ,program1 the ,centers for ,disease ,control and ,prevention1 the ,administrator of ,health and ,human ,services1 the ,national ,institute for ,environmental ,health ,sciences1 or the ,environmental ,protection ,agency has established that the substance1 mixture1 or compound poses an acute or chronic health hazard1 including developmental1 reproductive1 or endocrine effects4 7iii7 ,the ,national ,institute for ,occupational ,safety and ,health or the ,environmental ,protection ,agency has recognized that the substance1 mixture1 or compound may increase the risk of developing a latent disease4 7iv7 ,the substance1 mixture1 or compound is-- 7,i7 a perfluoroalkyl or polyfluoroalkyl substance2 7,,ii7 an orthophthalate2 7,,iii7 a bisphenol compound 7but not including an alkyl-substituted bisphenol compound generated through a xylenol-aldehyde process72 7,,iv7 a halogenated or nanoscale flame-retardant chemical2 7,v7 ,,uv #cbh 7#b-7b;,h-benzotriazol-#b-yl7-#d1f-;di-t ert-pentylphenol72 7,,vi7 a chlorinated paraffin2 7,,vii7 listed as a persistent organic pollutant by the ,stockholm ,convention on ,persistent ,organic ,pollutants2 7,,viii7 given an overall carcinogenicity evaluation of ,group #a1 ,group #b;,a1 or ,group #b;,b by the ,international ,agency for ,research on ,cancer2 or 7,,ix7 listed as a toxic1 poisonous1 explosive1 corrosive1 flammable1 ecotoxic1 or infectious waste by the ,basel ,convention on the ,control of ,transboundary ,movements of ,hazardous ,wastes and ,their ,disposal1 done at ,basel1 ,switzerland1 ,march #bb1 #aihi4 7v7 ,the substance1 mixture1 or compound is a chemical or chemical class that1 as determined by the ,administrator1 has been identified by a ,federal agency1 ,state agency1 or international intergovernmental agency as being #a or more of the following3 7,i7 ,a carcinogen1 mutagen1 reproductive toxicant1 immunotoxicant1 neurotoxicant1 or endocrine disruptor4 7,,ii7 ,a persistent bioaccumulative4 7,,iii7 ,a chemical or chemical class that may-- 7aa7 harm the normal development of a fetus or child or cause other developmental toxicity in humans or wildlife2 7bb7 harm organs or cause other systemic toxicity2 or 7cc7 have an adverse impact on-- 7,,aa7 air quality2 7,,bb7 ecology2 7,,cc7 soil quality2 or 7,,dd7 water quality4 7,,iv7 ,a chemical or chemical class that has toxicity equivalent to the toxicity reflected in a criterion described in any of subclauses 7,i7 through 7,,iii74 #c4 ,elimination of toxic substances and other substances that prevent recyclability in beverage containers 7a7 ,prohibition ,effective beginning on the date that is #b years after the date of enactment of this ,act1 no retailer may sell1 offer for sale1 or distribute any single-use beverage container that-- 7#a7 is composed wholly or partially of polyethylene terephthalate glycol2 7#b7 is opaque or pigmented a color other than transparent blue or transparent green2 7#c7 contains polyethylene glycol2 or 7#d7 contains a toxic substance4 7b7 ,penalty 7#a7 ,in general ,a retailer that violates a prohibition under subsection 7a7 shall be subject to a fine for each violation4 7#b7 ,treatment of product lines ,for purposes of this section1 each product line of beverage containers shall be considered to be a separate violation of this section if any beverage container included in the product line is a beverage container described in subsection 7a74 7#c7 ,maximum amount ,the amount of a fine under this subsection shall be not more than #ej1jjj per violation4 7#d7 ,deposits ,fines collected under this subsection shall be deposited into the ,local ,clean ,up of ,plastics ,fund established by section #d7;a74 #d4 ,grants to local governments for solid waste and water system infrastructure improvements 7a7 ,establishment of ,fund ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,local ,clean ,up of ,plastics ,fund4 7b7 ,use of ,fund ,amounts in the ,fund shall be available to the ,administrator1 without further appropriation or fiscal year limitation1 to make competitively awarded grants to units of local government for projects to make improvements to solid waste infrastructure1 water system infrastructure1 recycling facilities1 and composting facilities1 for the purpose of increasing the rate of diversion of waste from landfills or complying with environmental regulations relating to such infrastructure or facilities1 including-- 7#a7 the remediation of toxic substances2 7#b7 improving water filtration2 7#c7 replacing broken infrastructure2 7#d7 expanding infrastructure2 and 7#e7 educational programming relating to such infrastructure or facilities4 7c7 ,priority ,in making grants under subsection 7b71 the ,administrator shall give priority to projects that would serve-- 7#a7 a rural area 7as defined in section #bjc7;b7 of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #ibd7;b7772 or 7#b7 an underserved community1 as determined by the ,administrator4