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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 351 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
  1st Session
                                 S. 351

To establish a pilot grant program to improve recycling accessibility, 
to require the Administrator of the Environmental Protection Agency to 
    carry out certain activities to collect and disseminate data on 
 recycling and composting programs in the United States, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 30, 2025

 Mrs. Capito (for herself, Mr. Whitehouse, and Mr. Boozman) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
To establish a pilot grant program to improve recycling accessibility, 
to require the Administrator of the Environmental Protection Agency to 
    carry out certain activities to collect and disseminate data on 
 recycling and composting programs in the United States, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strategies To Eliminate Waste and 
Accelerate Recycling Development Act of 2025'' or the ``STEWARD Act of 
2025''.

SEC. 2. RECYCLING INFRASTRUCTURE AND ACCESSIBILITY IMPROVEMENTS.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Curbside recycling.--The term ``curbside recycling'' 
        means the process by which residential recyclable materials are 
        picked up curbside.
            (3) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State (as defined in section 1004 of the 
                Solid Waste Disposal Act (42 U.S.C. 6903));
                    (B) a unit of local government;
                    (C) an Indian Tribe; and
                    (D) a public-private partnership or entities 
                seeking to establish a public-private partnership.
            (4) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (5) Materials recovery facility.--
                    (A) In general.--The term ``materials recovery 
                facility'' means a dedicated facility where primarily 
                residential recyclable materials, which are diverted 
                from disposal by a generator and collected separately 
                from municipal solid waste, are mechanically or 
                manually sorted into commodities for further processing 
                into specification-grade commodities for sale to end 
                users.
                    (B) Exclusion.--The term ``materials recovery 
                facility'' does not include a solid waste management 
                facility that may process municipal solid waste to 
                remove recyclable materials.
            (6) Pilot grant program.--The term ``pilot grant program'' 
        means the Recycling Infrastructure and Accessibility Program 
        established under subsection (b).
            (7) Recyclable material.--The term ``recyclable material'' 
        means a material that is obsolete, previously used, off-
        specification, surplus, or incidentally produced for processing 
        into a specification-grade commodity for which a reuse market 
        currently exists or is being developed.
            (8) Transfer station.--The term ``transfer station'' means 
        a facility that--
                    (A) receives and consolidates recyclable material 
                from curbside recycling or drop-off facilities; and
                    (B) loads the recyclable material onto tractor 
                trailers, railcars, or barges for transport to a 
                distant materials recovery facility or another 
                recycling-related facility.
            (9) Underserved community.--The term ``underserved 
        community'' means a community, including an unincorporated 
        area, without access to full recycling services because--
                    (A) transportation, distance, or other reasons 
                render utilization of available processing capacity at 
                an existing materials recovery facility cost 
                prohibitive; or
                    (B) the processing capacity of an existing 
                materials recovery facility is insufficient to manage 
                the volume of recyclable materials produced by that 
                community.
    (b) Establishment.--Not later than 18 months after the date of 
enactment of this Act, the Administrator shall establish a pilot grant 
program, to be known as the ``Recycling Infrastructure and 
Accessibility Program'', to award grants, on a competitive basis, to 
eligible entities to improve recycling accessibility in a community or 
communities within the same geographic area.
    (c) Goal.--The goal of the pilot grant program is to fund eligible 
projects that will significantly improve accessibility to recycling 
systems through investments in infrastructure in underserved 
communities through the use of a hub-and-spoke model for recycling 
infrastructure development.
    (d) Applications.--To be eligible to receive a grant under the 
pilot grant program, an eligible entity shall submit to the 
Administrator an application at such time, in such manner, and 
containing such information as the Administrator may require.
    (e) Considerations.--In selecting eligible entities to receive a 
grant under the pilot grant program, the Administrator shall consider--
            (1) whether the community or communities in which the 
        eligible entity is seeking to carry out a proposed project has 
        curbside recycling;
            (2) whether the proposed project of the eligible entity 
        will improve accessibility to recycling services in a single 
        underserved community or multiple underserved communities; and
            (3)(A) if the eligible entity is a public-private 
        partnership, the financial health of the private entity seeking 
        to enter into that public-private partnership; or
            (B) if the eligible entity is seeking to establish a 
        public-private partnership, the financial health of the private 
        entities that would participate in the public-private 
        partnership.
    (f) Priority.--In selecting eligible entities to receive a grant 
under the pilot grant program, the Administrator shall give priority to 
eligible entities seeking to carry out a proposed project in a 
community in which there is not more than 1 materials recovery facility 
within a 75-mile radius of that community.
    (g) Use of Funds.--An eligible entity awarded a grant under the 
pilot grant program may use the grant funds for projects to improve 
recycling accessibility in communities, including in underserved 
communities, by--
            (1) increasing the number of transfer stations;
            (2) expanding curbside recycling collection programs where 
        appropriate; and
            (3) leveraging public-private partnerships to reduce the 
        costs associated with collecting and transporting recyclable 
        materials in underserved communities.
    (h) Prohibition on Use of Funds.--An eligible entity awarded a 
grant under the pilot grant program may not use the grant funds for 
projects relating to recycling education programs.
    (i) Minimum and Maximum Grant Amount.--A grant awarded to an 
eligible entity under the pilot grant program shall be in an amount--
            (1) not less than $500,000; and
            (2) not more than $15,000,000.
    (j) Set-Aside.--The Administrator shall set aside not less than 70 
percent of the amounts made available to carry out the pilot grant 
program for each fiscal year to award grants to eligible entities to 
carry out a proposed project or program in a single underserved 
community or multiple underserved communities.
    (k) Federal Share.--The Federal share of the cost of a project or 
program carried out by an eligible entity using grant funds shall be 
not more than 95 percent.
    (l) Report.--Not later than 2 years after the date on which the 
first grant is awarded under the pilot grant program, the Administrator 
shall submit to Congress a report describing the implementation of the 
pilot grant program, which shall include--
            (1) a list of eligible entities that have received a grant 
        under the pilot grant program;
            (2) the actions taken by each eligible entity that received 
        a grant under the pilot grant program to improve recycling 
        accessibility with grant funds; and
            (3) to the extent information is available, a description 
        of how grant funds received under the pilot grant program 
        improved recycling rates in each community in which a project 
        or program was carried out under the pilot grant program.
    (m) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Administrator to carry out the pilot grant program 
        $30,000,000 for each of fiscal years 2025 through 2029, to 
        remain available until expended.
            (2) Administrative costs and technical assistance.--Of the 
        amounts made available under paragraph (1), the Administrator 
        may use up to 5 percent--
                    (A) for administrative costs relating to carrying 
                out the pilot grant program; and
                    (B) to provide technical assistance to eligible 
                entities applying for a grant under the pilot grant 
                program.

SEC. 3. RECYCLING AND COMPOSTING DATA COLLECTION.

    (a) Definitions.--
            (1) In general.--In this section:
                    (A) Administrator.--The term ``Administrator'' 
                means the Administrator of the Environmental Protection 
                Agency.
                    (B) Compost.--The term ``compost'' means a product 
                that--
                            (i) is manufactured through the controlled 
                        aerobic, biological decomposition of 
                        biodegradable materials;
                            (ii) has been subjected to medium and high 
                        temperature organisms, which--
                                    (I) significantly reduce the 
                                viability of pathogens and weed seeds; 
                                and
                                    (II) stabilize carbon in the 
                                product such that the product is 
                                beneficial to plant growth; and
                            (iii) is typically used as a soil 
                        amendment, but may also contribute plant 
                        nutrients.
                    (C) Compostable material.--The term ``compostable 
                material'' means material that is a feedstock for 
                creating compost, including--
                            (i) wood;
                            (ii) agricultural crops;
                            (iii) paper, such as cardboard and other 
                        paper products;
                            (iv) certified compostable products 
                        associated with organic waste;
                            (v) other organic plant material;
                            (vi) organic waste, including food waste 
                        and yard waste; and
                            (vii) such other material that is composed 
                        of biomass that can be continually replenished 
                        or renewed, as determined by the Administrator.
                    (D) Indian tribe.--The term ``Indian Tribe'' has 
                the meaning given the term in section 4 of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 5304).
                    (E) Recyclable material.--The term ``recyclable 
                material'' means a material that is obsolete, 
                previously used, off-specification, surplus, or 
                incidentally produced for processing into a 
                specification-grade commodity for which a reuse market 
                currently exists or is being developed.
                    (F) Recycling.--The term ``recycling'' means the 
                series of activities--
                            (i) during which recyclable materials are 
                        processed into specification-grade commodities 
                        and consumed as raw-material feedstock, in lieu 
                        of virgin materials, in the manufacturing of 
                        new products;
                            (ii) that may, with regard to recyclable 
                        materials and prior to the activities described 
                        in clause (i), include sorting, collection, 
                        processing, and brokering; and
                            (iii) that result, subsequent to processing 
                        described in clause (i), in consumption by a 
                        materials manufacturer, including for the 
                        manufacturing of new products.
                    (G) State.--The term ``State'' has the meaning 
                given the term in section 1004 of the Solid Waste 
                Disposal Act (42 U.S.C. 6903).
            (2) Definition of processing.--In subparagraphs (E) and (F) 
        of paragraph (1), the term ``processing'' means any mechanical, 
        manual, or other method that--
                    (A) transforms a recyclable material into a 
                specification-grade commodity; and
                    (B) may occur in multiple steps, with different 
                phases, including sorting, occurring at different 
                locations.
    (b) Reports on Composting and Recycling Infrastructure 
Capabilities.--
            (1) In general.--Subtitle D of the Solid Waste Disposal Act 
        (42 U.S.C. 6941 et seq.) is amended by adding at the end the 
        following:

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

    ``(a) Definitions.--In this section:
            ``(1) Incorporation of certain terms.--The terms `compost', 
        `compostable material', `recyclable material', and `recycling' 
        have the meanings given the terms in section 3(a) of the 
        Strategies To Eliminate Waste and Accelerate Recycling 
        Development Act of 2025.
            ``(2) Composting facility.--The term `composting facility' 
        means a location, structure, or device that transforms 
        compostable materials into compost.
            ``(3) Indian tribe.--The term `Indian Tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            ``(4) Materials recovery facility.--
                    ``(A) In general.--The term `materials recovery 
                facility' means a dedicated facility where primarily 
                residential recyclable materials, which are diverted 
                from disposal by the generator and collected separately 
                from municipal solid waste, are mechanically or 
                manually sorted into commodities for further processing 
                into specification-grade commodities for sale to end 
                users.
                    ``(B) Exclusion.--The term `materials recovery 
                facility' does not include a solid waste management 
                facility that may process municipal solid waste to 
                remove recyclable materials.
                    ``(C) Definition of processing.--For purposes of 
                this paragraph, the term `processing' has the meaning 
                given the term in section 3(a)(2) of the Strategies To 
                Eliminate Waste and Accelerate Recycling Development 
                Act of 2025.
    ``(b) Report.--
            ``(1) In general.--The Administrator shall request 
        information and data from, collaborate with, or contract with, 
        as necessary and appropriate, States, units of local 
        government, and Indian Tribes, for the provision, preparation, 
        and publication of a report, or to expand work under the 
        National Recycling Strategy to include information and data, on 
        compostable materials and efforts to reduce contamination rates 
        for recycling, including--
                    ``(A) an evaluation of existing Federal, State, and 
                local laws that may present barriers to implementation 
                of composting strategies;
                    ``(B) a description and evaluation of composting 
                infrastructure and programs within States, units of 
                local government, and Indian Tribes;
                    ``(C) an estimate of the costs and approximate land 
                needed to expand composting programs; and
                    ``(D) a review of the practices of manufacturers 
                and companies that are moving to using compostable 
                packaging and food service ware for the purpose of 
                making the composting process the end-of-life use of 
                those products.
            ``(2) Submission.--Not later than 2 years after the date of 
        enactment of this section, the Administrator shall submit to 
        Congress the report prepared under paragraph (1).
    ``(c) Inventory of Materials Recovery Facilities.--Not later than 3 
years after the date of enactment of this section, and every 4 years 
thereafter, the Administrator, in consultation with relevant Federal 
agencies and States, units of local government, and Indian Tribes, 
shall--
            ``(1) prepare an inventory or estimate of materials 
        recovery facilities in the United States, including--
                    ``(A) the number of materials recovery facilities 
                in each State; and
                    ``(B) a general description of the materials that 
                each of those materials recovery facilities can 
                process, including--
                            ``(i) in the case of plastic, a description 
                        of--
                                    ``(I) the types of accepted resin, 
                                if applicable; and
                                    ``(II) the packaging or product 
                                format, such as a jug, a carton, or 
                                film;
                            ``(ii) food packaging and service ware, 
                        such as a bottle, cutlery, or a cup;
                            ``(iii) paper;
                            ``(iv) aluminum, such as an 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 3(e) 
        of the Strategies To Eliminate Waste and Accelerate Recycling 
        Development Act of 2025--
                    ``(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 3(e) 
        of the Strategies To Eliminate Waste and Accelerate Recycling 
        Development Act of 2025, 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.''.
            (2) Clerical amendment.--The table of contents in section 
        1001 of the Solid Waste Disposal Act (Public Law 89-272; 90 
        Stat. 2795; 98 Stat. 3268) is amended by inserting after the 
        item relating to section 4010 the following:

``Sec. 4011. Report on composting and recycling infrastructure 
                            capabilities.''.
    (c) 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.
    (d) Study on the Diversion of Recyclable Materials From a Circular 
Market.--
            (1) 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.
            (2) Study; report.--Not later than 1 year after the 
        development of a metric under paragraph (1), 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.
            (3) Data.--The report under paragraph (2) 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.
            (4) Evaluation.--The report under paragraph (2) shall 
        include an evaluation of whether the establishment or 
        improvement of recycling programs would--
                    (A) improve recycling rates;
                    (B) reduce the quantity of recyclable materials 
                being unutilized in a circular market; and
                    (C) affect prices paid by consumers for products 
                using materials recycled in the circular market.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section and the 
amendments made by this section $4,000,000 for each of fiscal years 
2025 through 2029.
    (f) Administration.--
            (1) Unfunded mandates.--The Administrator or the Secretary 
        of Commerce may not exercise any authority under this section 
        or any amendment made by this section 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.
            (2) Nondisclosure.--Any 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.
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