```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 943 Introduced in House (IH)]

105th CONGRESS
  1st Session
                                H. R. 943

 To amend the Solid Waste Disposal Act to provide authority for States 
 to control the movement of municipal solid waste to waste management 
facilities within the boundaries of the State or within the boundaries 
                of political subdivisions of the State.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 1997

     Mr. Franks of New Jersey (for himself, Mrs. Roukema, and Mr. 
Frelinghuysen) introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL

 
 To amend the Solid Waste Disposal Act to provide authority for States 
 to control the movement of municipal solid waste to waste management 
facilities within the boundaries of the State or within the boundaries 
                of political subdivisions of the State.

    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 ``Municipal Solid Waste Flow Control 
Act of 1997''.

SEC. 2. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL MUNICIPAL SOLID 
              WASTE FLOW CONTROL.

    (a) Amendment of Subtitle D.--Subtitle D of the Solid Waste 
Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding after 
section 4010 the following new section:

``SEC. 4011. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL GOVERNMENT 
              CONTROL OVER MOVEMENT OF MUNICIPAL SOLID WASTE AND 
              RECYCLABLE MATERIALS.

    ``(a) Flow Control Authority for Facilities Designated as of May 
16, 1994.--Any State or political subdivision thereof is authorized to 
exercise flow control authority to direct the movement of municipal 
solid waste, and recyclable materials voluntarily relinquished by the 
owner or generator thereof, to particular waste management facilities, 
or facilities for recyclable materials, designated as of May 16, 1994, 
if each of the following conditions are met:
            ``(1) The waste and recyclable materials are generated 
        within the jurisdictional boundaries of such State or political 
        subdivision, determined as of May 16, 1994.
            ``(2) Such flow control authority is imposed through the 
        adoption or execution of a law, ordinance, regulation, 
        resolution, or other legally binding provision or legally 
        binding official act of the State or political subdivision 
        that--
                    ``(A) was in effect on May 16, 1994,
                    ``(B) was in effect prior to the issuance of an 
                injunction or other order by a court based on a ruling 
                that such law, ordinance, regulation, resolution, or 
                other legally binding provision or official act 
                violated the Commerce Clause of the United States 
                Constitution, or
                    ``(C) was in effect immediately prior to suspension 
                thereof by legislative or official administrative 
                action of the State or political subdivision expressly 
                because of the existence of a court order of the type 
                described in subparagraph (B) issued by a court of the 
                same State or Federal judicial circuit.
            ``(3) The State or a political subdivision thereof has, for 
        one or more of such designated facilities, in accordance with 
        paragraph (2), on or before May 16, 1994, either--
                    ``(A) presented eligible bonds for sale, or
                    ``(B) executed a legally binding contract or 
                agreement that obligates it to deliver a minimum 
                quantity of waste or recyclable materials to one or 
                more such designated waste management facilities or 
                facilities for recyclable materials and that obligates 
                it to pay for that minimum quantity of waste or 
                recyclable materials even if the stated minimum 
                quantity of such waste or recyclable materials is not 
                delivered within a required timeframe.
    ``(b) Waste Stream Subject to Flow Control.--The flow control 
authority of subsection (a) shall only permit the exercise of flow 
control authority to any designated facility of the specific classes or 
categories of municipal solid waste and voluntarily relinquished 
recyclable materials to which flow control authority was applicable on 
May 16, 1994, or immediately before the effective date of an injunction 
or court order referred to in subsection (a)(2)(B) or an action 
referred to in subsection (a)(2)(C) and--
            ``(1) in the case of any designated waste management 
        facility or facility for recyclable materials that was in 
        operation as of May 16, 1994, only if the facility concerned 
        received municipal solid waste or recyclable materials in those 
        classes or categories within 2 years prior to May 16, 1994, or 
        the effective date of such injunction or other court order or 
        action,
            ``(2) in the case of any designated waste management 
        facility or facility for recyclable materials that was not yet 
        in operation as of May 16, 1994, only of the classes or 
        categories that were clearly identified by the State or 
        political subdivision as of May 16, 1994, to be flow controlled 
        to such facility, and
            ``(3) only to the extent of the maximum volume authorized 
        by State permit to be disposed at the waste management facility 
        or processed at the facility for recyclable materials.
If specific classes or categories of municipal solid waste or 
recyclable materials were not clearly identified, paragraph (2) shall 
apply only to municipal solid waste generated by households, including 
single family residences and multi-family residences of up to 4 units.
    ``(c) Duration of Flow Control Authority.--Flow control authority 
may be exercised pursuant to this section to any facility or facilities 
only until the later of the following:
            ``(1) The expiration date of the bond referred to in 
        subsection (a)(3)(A).
            ``(2) The expiration date of the contract or agreement 
        referred to in subsection (a)(3)(B).
            ``(3) The adjusted expiration date of a bond issued for a 
        qualified environmental retrofit.
Such expiration dates shall be determined based upon the terms and 
provisions of the bond or contract in effect on May 16, 1994. In the 
case of a contract described in subsection (a)(3)(B) that has no 
specified expiration date, for purposes of paragraph (2) the expiration 
date shall be treated as the first date that the State or political 
subdivision that is a party to the contract can withdraw from its 
responsibilities under the contract without being in default thereunder 
and without substantial penalty or other substantial legal sanction.
    ``(d) Mandatory Opt-Out for Generators and Transporters.--
Notwithstanding any other provision of this section, no State or 
political subdivision may require any generator or transporter of 
municipal solid waste or recyclable materials to transport such waste 
or materials, or deliver such waste or materials for transportation, to 
a facility that is listed on the National Priorities List established 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 unless such State or political subdivision or the 
owner or operator of such facility has adequately indemnified the 
generator or transporter against all liability under that Act with 
respect to such waste or materials.
    ``(e) Effect on Existing Laws.--
            ``(1) Environmental laws.--Nothing in this section shall be 
        interpreted or construed to have any effect on any other law 
        relating to the protection of human health and the environment, 
        or the management of municipal solid waste or recyclable 
        materials.
            ``(2) State law.--Nothing in this section shall be 
        interpreted to authorize a political subdivision to exercise 
        the flow control authority granted by this section in a manner 
        inconsistent with State law.
            ``(3) Ownership of recyclable materials.--Nothing in this 
        section shall authorize any State or political subdivision to 
        require any generator or owner of recyclable materials to 
        transfer any recyclable materials to such State or political 
        subdivision, nor shall prohibit any persons from selling, 
        purchasing, accepting, conveying, or transporting any 
        recyclable materials, unless the generator or owner voluntarily 
        makes such recyclable materials available to the State or 
        political subdivision and relinquishes any rights to, or 
        ownership of, such recyclable materials.
    ``(f) Facilities Not Qualified for Flow Control.--No flow control 
authority may be exercised under the provisions of this section to 
direct solid waste or recyclable materials to any facility pursuant to 
an ordinance if--
            ``(1) the ordinance was determined to be unconstitutional 
        by a State or Federal court in October of 1994;
            ``(2) the facility is located over a sole source aquifer, 
        within 5 miles of a public beach, and within 25 miles of a city 
        with a population of more than 5,000,000; and
            ``(3) the facility is not fully permitted and operating in 
        complete official compliance with all Federal, State, and local 
        environmental regulations.
    ``(g) Limitation on Revenue.--A State or qualified political 
subdivision may exercise the flow control authority granted in this 
section only if the State or qualified political subdivision limits the 
use of any of the revenues it derives from the exercise of such 
authority for the payment of one or more of the following:
            ``(1) Principal and interest on any eligible bond.
            ``(2) Principal and interest on a bond issued for a 
        qualified environmental retrofit.
            ``(3) Payments required by the terms of a contract referred 
        to in subsection (a)(3)(B).
            ``(4) Other expenses necessary for the operation and 
        maintenance of designated facilities and other integral 
        facilities necessary for the operation and maintenance of such 
        designated facilities that are identified by the same eligible 
        bond.
            ``(5) To the extent not covered by paragraphs (1) through 
        (4), expenses for recycling, composting, and household 
        hazardous waste activities in which the State or political 
        subdivision was engaged before May 16, 1994, and for which the 
        State or political subdivision, after periodic evaluation, 
        beginning no later than one year after the enactment of this 
        section, finds that there is no comparable qualified private 
        sector service provider available. Such periodic evaluation 
        shall be based on public notice and open competition. The 
        amount and nature of payments described in this paragraph shall 
        be fully disclosed to the public annually.
    ``(h) Interim Contracts.--A lawful, legally binding contract under 
State law that was entered into during the period--
            ``(1) before November 10, 1995, and after the effective 
        date of any applicable final court order no longer subject to 
        judicial review specifically invalidating the flow control 
        authority of such State or political subdivision, or
            ``(2) after such State or political subdivision refrained 
        pursuant to legislative or official administrative action from 
        enforcing flow control authority and before the effective date 
        on which it resumes enforcement of flow control authority after 
        enactment of this section,
shall be fully enforceable in accordance with State law.
    ``(i) Areas With Pre-1984 Flow Control.--
            ``(1) General authority.--A State that on or before January 
        1, 1984--
                    ``(A) adopted regulations under a State law that 
                required or directed transportation, management, or 
                disposal of municipal solid waste from residential, 
                commercial, institutional, or industrial sources (as 
                defined under State law) to specifically identified 
                waste management facilities, and applied those 
                regulations to every political subdivision of the 
                State, and
                    ``(B) subjected such waste management facilities to 
                the jurisdiction of a State public utilities 
                commission,
        may exercise flow control authority over municipal solid waste 
        in accordance with the other provisions of this section and may 
        exercise the additional flow control authority described in 
        paragraph (2).
            ``(2) Additional flow control authority.--A State that 
        meets the requirements of paragraph (1) and any political 
        subdivision thereof may exercise flow control authority over 
        all classes and categories of municipal solid waste that were 
        subject to flow control by such State or political subdivision 
        thereof on May 16, 1994, by directing it from any existing 
        waste management facility that was designated as of May 16, 
        1994, or any proposed waste management facility in the State to 
        any other such existing or proposed waste management facility 
        in the State without regard to whether the political 
        subdivision within which the municipal solid waste is generated 
        had designated the particular waste management facility or had 
        issued a bond or entered into a contract referred to in 
        subsection (a)(3) (A) or (B), respectively.
            ``(3) Definition.--For purposes of this subsection, the 
        term `proposed waste management facility' means a waste 
        management facility that was specifically identified in a waste 
        management plan prior to May 16, 1994, and for the construction 
        of which--
                    ``(A) revenue bonds were issued and outstanding as 
                of May 16, 1994,
                    ``(B) additional financing with revenue bonds was 
                required as of the date of enactment of this section to 
                complete construction, and
                    ``(C) a permit had been issued prior to December 
                31, 1994.
            ``(4) Limitation of authority.--The additional flow control 
        authority granted by paragraph (2) may be exercised to--
                    ``(A) any facility described in paragraph (2) for 
                up to 5 years after the date of enactment of this 
                section, and
                    ``(B) after 5 years after enactment of this 
                section, only to those facilities and only with respect 
                to the classes, categories, and geographic origin of 
                waste directed to such facilities specifically 
                identified by the State in a public notice issued 
                within 5 years after enactment of this section.
            ``(5) Duration of authority.--The authority to direct 
        municipal solid waste to any facility pursuant to this 
        subsection shall terminate with regard to such facility in 
        accordance with subsection (c).
    ``(j) Savings Clause.--Nothing in this section is intended to have 
any effect on the authority of any State or political subdivision to 
franchise, license, or contract for municipal solid waste collection, 
processing, or disposal.
    ``(k) Application of Flow Control Authority.--The flow control 
authority granted by this section shall be exercised in a manner that 
ensures that it is applied to the public sector if it is applied to the 
private sector.
    ``(l) Promotion of Recycling.--The Congress finds that, in order to 
promote recycling, anyone engaged in recycling activities should strive 
to meet applicable standards for the reuse of recyclable materials.
    ``(m) Effective Date.--The provisions of this section shall take 
effect with respect to the exercise by any State or political 
subdivision of flow control authority on or after the date of enactment 
of this section, and such provisions shall also apply to the exercise 
by any State or political subdivision of flow control authority before 
such date of enactment unless the exercise of such authority has been 
declared unconstitutional by a final judicial decision that is no 
longer subject to judicial review.
    ``(n) Definitions.--For the purposes of this section--
            ``(1) Adjusted expiration date.--The term `adjusted 
        expiration date' means, with respect to a bond issued for a 
        qualified environmental retrofit, the earlier of the final 
        maturity date of such bond or 15 years after the date of 
        issuance of such bonds.
            ``(2) Bond issued for a qualified environmental retrofit.--
        The term `bond issued for a qualified environmental retrofit' 
        means a revenue or general obligation bond, the proceeds of 
        which are dedicated to financing the retrofitting of a resource 
        recovery facility or a municipal solid waste incinerator 
        necessary to comply with section 129 of the Clean Air Act, 
        provided that such bond is presented for sale before the 
        expiration date of the bond or contract referred to in 
        subsection (a)(3) (A) and (B) respectively that is applicable 
        to such facility and no later than December 31, 1999.
            ``(3) Designate; designation, etc.--The terms `designate', 
        `designated', `designating', and `designation' mean a 
        requirement of a State or political subdivision, and the act of 
        a State or political subdivision, individually or collectively, 
        to require that all or any portion of the municipal solid waste 
        or recyclable materials that is generated within the boundaries 
        of the State or any political subdivision be delivered to one 
        or more waste management facilities or facilities for 
        recyclable materials identified by the State or a political 
        subdivision thereof. The term `designation' includes bond 
        covenants, official statements, or other official financing 
        documents issued by a political subdivision issuing an eligible 
        bond in which it identified a specific waste management 
        facility as being the subject of such bond and the requisite 
        facility for receipt of municipal solid waste or recyclable 
        materials generated within the jurisdictional boundaries of 
        that political subdivision.
            ``(4) Eligible bond.--The term `eligible bond' means--
                    ``(A) a revenue bond specifically to finance one or 
                more designated waste management facilities, facilities 
                for recyclable materials, or specifically and directly 
                related assets, development or finance costs, as 
                evidenced by the bond documents; or
                    ``(B) a general obligation bond, the proceeds of 
                which were used solely to finance one or more 
                designated waste management facilities, facilities for 
                recyclable materials, or specifically and directly 
                related assets, development or finance costs, as 
                evidenced by the bond documents.
            ``(5) Flow control authority.--The term `flow control 
        authority' means the authority to control the movement of 
        municipal solid waste or voluntarily relinquished recyclable 
        materials and direct such solid waste or voluntarily 
        relinquished recyclable materials to one or more designated 
        waste management facilities or facilities for recyclable 
        materials within the boundaries of a State or within the 
        boundaries of a political subdivision of a State, as in effect 
        on May 16, 1994.
            ``(6) Municipal solid waste.--The term `municipal solid 
        waste' means any solid waste generated by the general public or 
        by households, including single residences and multifamily 
        residences, and from commercial, institutional, and industrial 
        sources, to the extent such waste is essentially the same as 
        waste normally generated by households or was collected and 
        disposed of with other municipal solid waste as part of normal 
        municipal solid waste collection services, consisting of paper, 
        wood, yard waste, plastics, leather, rubber, and other 
        combustible materials and noncombustible materials such as 
        metal and glass, including residue remaining after recyclable 
materials have been separated from waste destined for disposal, and 
including waste material removed from a septic tank, septage pit, or 
cesspool (other than from portable toilets), except that the term does 
not include any of the following:
                    ``(A) Any waste identified or listed as a hazardous 
                waste under section 3001 of this Act or waste regulated 
                under the Toxic Substances Control Act.
                    ``(B) Any waste, including contaminated soil and 
                debris, resulting from--
                            ``(i) response or remedial action taken 
                        under the Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980,
                            ``(ii) any corrective action taken under 
                        this Act, or
                            ``(iii) any corrective action taken under 
                        any comparable State statute.
                    ``(C) Medical waste listed in section 11002 of this 
                Act.
                    ``(D) Industrial waste generated by manufacturing 
                or industrial processes, including waste generated 
                during scrap processing and scrap recycling.
                    ``(E) Recyclable materials.
                    ``(F) Sludge.
        Such term also includes construction and demolition debris.
            ``(7) Political subdivision.--The term `political 
        subdivision' means a city, town, borough, county, parish, 
        district, or public service authority or other public body 
        created by or pursuant to State law with authority to present 
        for sale an eligible bond or to exercise flow control 
        authority.
            ``(8) Recycle and recycling.--The terms `recycle' and 
        `recycling' mean--
                    ``(A) any process which produces any material 
                defined as `recycled' under section 1004; and
                    ``(B) any process by which materials are diverted, 
                separated from, or separately managed from materials 
                otherwise destined for disposal as solid waste, by 
                collecting, sorting, or processing for use as raw 
                materials or feedstocks in lieu of, or in addition to, 
                virgin materials, including petroleum, in the 
                manufacture of usable materials or products.
            ``(9) Recyclable materials.--The term `recyclable 
        materials' means any materials that have been separated from 
        waste otherwise destined for disposal (either at the source of 
        the waste or at processing facilities) or that have been 
        managed separately from waste destined for disposal, for the 
        purpose of recycling, reclamation, composting of organic 
        materials such as food and yard waste, or reuse (other than for 
        the purpose of incineration). Such term includes scrap tires to 
        be used in resource recovery.
            ``(10) Waste management facility.--The term `waste 
        management facility' means any facility for separating, 
        storing, transferring, treating, processing, combusting, or 
        disposing of municipal solid waste.''.
    (b) Table of Contents.--The table of contents for subtitle D of the 
Solid Waste Disposal Act is amended by adding the following new item 
after the item relating to section 4010:

``Sec. 4011. Congressional authorization of State and local government 
                            control over movement of municipal solid 
                            waste and recyclable materials.''.
                                 <all>
```