I
107TH CONGRESS
1ST SESSION
H. R. 1214
To authorize State and local controls over the flow of municipal solid waste,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 27, 2001
Mr. GREENWOOD (for himself, Mr. DOYLE, Mr. MORAN of Virginia, Mr.
UPTON, Mr. BONIOR, Mr. EHLERS, Mr. DINGELL, Mr. PETERSON of
Pennsylvania, Mr. STUPAK, Mr. HOLDEN, Mr. GILCHREST, Mr. KILDEE,
Ms. RIVERS, and Mr. LEACH) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce
A BILL
To authorize State and local controls over the flow of
municipal solid waste, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 2001’’.
SEC. 2. CONGRESSIONAL AUTHORIZATION OF STATE AND
LOCAL MUNICIPAL SOLID WASTE FLOW CON-
TROL.
(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
PREVIOUSLY DESIGNATED.—Any State or political sub-
division thereof is authorized to exercise flow control au-
thority to direct the movement of municipal solid waste
and recyclable materials voluntarily relinquished by the
owner or generator thereof to particular waste manage-
ment facilities, or facilities for recyclable materials, des-
ignated as of the suspension date, 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, as such jurisdic-
tion was in effect on the suspension date.
‘‘(2) Such flow control authority is imposed
through the adoption or execution of a law, ordi-
nance, regulation, resolution, or other legally binding
provision or official act of the State or political sub-
division that—
‘‘(A) was in effect on the suspension date;
‘‘(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, regula-
tion, resolution, or other legally binding provi-
sion or official act violated the Commerce
Clause of the United States Constitution; or
‘‘(C) was in effect immediately prior to
suspension or partial suspension thereof by leg-
islative or official administrative action of the
State or political subdivision expressly because
of the existence of an injunction or other court
order of the type described in subparagraph (B)
issued by a court of competent jurisdiction.
‘‘(3) The State or a political subdivision thereof
has, for one or more of such designated facilities—
‘‘(A) on or before the suspension date, pre-
sented eligible bonds for sale;
‘‘(B) on or before the suspension date,
issued a written public declaration or regulation
stating that bonds would be issued and held
hearings regarding such issuance, and subse-
quently presented eligible bonds for sale within
180 days of the declaration or regulation; or
‘‘(C) on or before the suspension date, exe-
cuted a legally binding contract or agreement
that—
‘‘(i) was in effect as of the suspension
date;
‘‘(ii) obligates the delivery of a min-
imum quantity of municipal solid waste or
recyclable materials to one or more such
designated waste management facilities or
facilities for recyclable materials; and
‘‘(iii) either—
‘‘(I) obligates the State or polit-
ical subdivision to pay for that min-
imum quantity of waste or recyclable
materials even if the stated minimum
quantity of such waste or recyclable
materials is not delivered within a re-
quired timeframe; or
‘‘(II) otherwise imposes liability
for damages resulting from such fail-
ure.
‘‘(b) WASTE STREAM SUBJECT
TO FLOW CON-
TROL.—Subsection (a) authorizes only the exercise of flow
control authority with respect to the flow to any des-
ignated facility of the specific classes or categories of mu-
nicipal solid waste and voluntarily relinquished recyclable
materials to which such flow control authority was applica-
ble on the suspension date and—
‘‘(1) in the case of any designated waste man-
agement facility or facility for recyclable materials
that was in operation as of the suspension date, only
if the facility concerned received municipal solid
waste or recyclable materials in those classes or cat-
egories on or before the suspension date; and
‘‘(2) in the case of any designated waste man-
agement facility or facility for recyclable materials
that was not yet in operation as of the suspension
date, only of the classes or categories that were
clearly identified by the State or political subdivision
as of the suspension date to be flow controlled to
such facility.
‘‘(c) DURATION OF FLOW CONTROL AUTHORITY.—
Flow control authority may be exercised pursuant to this
section with respect to any facility or facilities only until
the later of the following:
‘‘(1) The final maturity date of the bond re-
ferred to in subsection (a)(3)(A) or (B).
‘‘(2) The expiration date of the contract or
agreement referred to in subsection (a)(3)(C).
‘‘(3) The adjusted expiration date of a bond
issued for a qualified environmental retrofit.
The dates referred to in paragraphs (1) and (2) shall be
determined based upon the terms and provisions of the
bond or contract or agreement. In the case of a contract
or agreement described in subsection (a)(3)(C) that has
no specified expiration date, for purposes of paragraph (2)
of this subsection the expiration date shall be the first date
that the State or political subdivision that is a party to
the contract or agreement can withdraw from its respon-
sibilities under the contract or agreement without being
in default thereunder and without substantial penalty or
other substantial legal sanction. The expiration date of a
contract or agreement referred to in subsection (a)(3)(C)
shall be deemed to occur at the end of the period of an
extension exercised during the term of the original con-
tract or agreement, if the duration of that extension was
specified by such contract or agreement as in effect on
the suspension date.
‘‘(d) INDEMNIFICATION
FOR CERTAIN TRANSPOR-
TATION.—Notwithstanding any other provision of this sec-
tion, no State or political subdivision may require any per-
son to transport municipal solid waste or recyclable mate-
rials, or to deliver such waste or materials for transpor-
tation, to any active portion of a municipal solid waste
landfill unit if contamination of such active portion is a
basis for listing of the municipal solid waste landfill unit
on the National Priorities List established under the Com-
prehensive Environmental Response, Compensation, and
Liability Act of 1980 unless such State or political subdivi-
sion or the owner or operator of such landfill unit has in-
demnified that person against all liability under that Act
with respect to such waste or materials.
‘‘(e) OWNERSHIP
OF RECYCLABLE MATERIALS.—
Nothing in this section shall authorize any State or polit-
ical subdivision to require any person to sell or transfer
any recyclable materials to such State or political subdivi-
sion.
‘‘(f) LIMITATION ON REVENUE.—A State or political
subdivision may exercise the flow control authority grant-
ed in this section only if the State or political subdivision
limits the use of any of the revenues it derives from the
exercise of such authority to 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 con-
tract referred to in subsection (a)(3)(C).
‘‘(4) Other expenses necessary for the operation
and maintenance and closure of designated facilities
and other integral facilities identified by the bond
necessary for the operation and maintenance of such
designated facilities.
‘‘(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
the suspension date. The amount and nature of pay-
ments described in this paragraph shall be fully dis-
closed to the public annually.
‘‘(g) INTERIM CONTRACTS.—A contract of the type
referred to in subsection (a)(3)(C) 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 invali-
dating the flow control authority of the applicable
State or political subdivision; or
‘‘(2) after the applicable State or political sub-
division refrained pursuant to legislative or official
administrative action from enforcing flow control au-
thority expressly because of the existence of a court
order of the type described in subsection (a)(2)(B)
issued by a court of the same State or the Federal
judicial circuit within which such State is located
and before the effective date on which it resumes en-
forcement of flow control authority after enactment
of this section,
shall be fully enforceable in accordance with State law.
‘‘(h) 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, institu-
tional, or industrial sources (as defined under
State law) to specifically identified waste man-
agement facilities, and applied those regulations
to every political subdivision of the State; and
‘‘(B) subjected such waste management fa-
cilities to the jurisdiction of a State public utili-
ties commission,
may exercise flow control authority over municipal
solid waste in accordance with the other provisions
of this section.
‘‘(2) DURATION OF AUTHORITY.—The authority
to direct municipal solid waste to any facility pursu-
ant to this subsection shall terminate with regard to
such facility in accordance with subsection (c).
‘‘(i) EFFECT ON AUTHORITY OF STATES AND POLIT-
ICAL SUBDIVISIONS.—Nothing in this section shall be
interpreted—
‘‘(1) to authorize a political subdivision to exer-
cise the flow control authority granted by this sec-
tion in a manner inconsistent with State law;
‘‘(2) to permit the exercise of flow control au-
thority over municipal solid waste and recyclable ma-
terials to an extent greater than the maximum vol-
ume authorized by State permit to be disposed at
the waste management facility or processed at the
facility for recyclable materials;
‘‘(3) to limit the authority of any State or polit-
ical subdivision to place a condition on a franchise,
license, or contract for municipal solid waste or recy-
clable materials collection, processing, or disposal; or
‘‘(4) to impair in any manner the authority of
any State or political subdivision to adopt or enforce
any law, ordinance, regulation, or other legally bind-
ing provision or official act relating to the movement
or processing of municipal solid waste or recyclable
municipal solid waste reduction goal of at least 30
percent by the year 2005, and uses revenues gen-
erated by the exercise of flow control authority
strictly to implement programs to manage municipal
solid waste and recyclable materials, other than in-
cineration programs; and
‘‘(2) prior to the suspension date, the solid
waste district, or a political subdivision within such
district—
‘‘(A) was responsible under State law for
the management and regulation of the storage,
collection, processing, and disposal of solid
wastes within its jurisdiction;
‘‘(B) was authorized by State statute (en-
acted prior to January 1, 1992) to exercise flow
control authority, and subsequently adopted or
sought to exercise the authority through a law,
ordinance, regulation, regulatory proceeding,
contract, franchise, or other legally binding pro-
vision; and
‘‘(C) was required by State statute (en-
acted prior to January 1, 1992) to develop and
implement a solid waste management plan con-
sistent with the State solid waste management
plan, and the district solid waste management
all such members shall be treated as meeting the require-
ments of subsection (a)(2) and (3) with respect to such
facility.
‘‘(m) RECOVERY OF DAMAGES.—
‘‘(1) PROHIBITION.—No damages, interest on
damages, costs, or attorneys’ fees may be recovered
in any claim against any State or local government,
or official or employee thereof, based on the exercise
of flow control authority on or before May 16, 1994.
‘‘(2) APPLICABILITY.—Paragraph (1) shall
apply to cases commenced on or after the date of en-
actment of the Local Authority for Municipal Solid
Waste Flow Control Act of 2001, and shall apply to
cases commenced before such date except cases in
which a final judgment no longer subject to judicial
review has been rendered.
‘‘(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 bond.
‘‘(2) BOND ISSUED FOR A QUALIFIED ENVIRON-
MENTAL RETROFIT.—The term ‘bond issued for a
qualified environmental retrofit’ means a bond de-
scribed in paragraph (4)(A) or (B), 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), (B), or (C) that is applicable to such fa-
cility and no later than December 31, 1999.
‘‘(3) DESIGNATED.—The term ‘designated’
means identified by a State or political subdivision
for receipt of all or any portion of the municipal
solid waste or recyclable materials that is generated
within the boundaries of the State or political sub-
division. Such designation includes designation
through—
‘‘(A) bond covenants, official statements,
or other official financing documents issued by
a State or political subdivision issuing an eligi-
ble bond; and
‘‘(B) the execution of a contract of the
type described in subsection (a)(3)(C),
in which one or more specific waste management fa-
cilities are identified as the requisite facility or facili-
ties for receipt of municipal solid waste or recyclable
materials generated within the jurisdictional bound-
aries of that State or political subdivision.
‘‘(4) ELIGIBLE BOND.—The term ‘eligible bond’
means—
‘‘(A) a revenue bond or similar instrument
of indebtedness pledging payment to the bond-
holder or holder of the debt of identified reve-
nues; or
‘‘(B) a general obligation bond,
the proceeds of which are used to finance one or
more designated waste management facilities, facili-
ties for recyclable materials, or specifically and di-
rectly related assets, development costs, or finance
costs, as evidenced by the bond documents.
‘‘(5) FLOW CONTROL AUTHORITY.—The term
‘flow control authority’ means the regulatory author-
ity to control the movement of municipal solid waste
or voluntarily relinquished recyclable materials and
direct such solid waste or recyclable materials to one
or more designated waste management facilities or
facilities for recyclable materials within the bound-
aries of a State or political subdivision.
‘‘(6) MUNICIPAL
SOLID
WASTE.—The term
‘municipal solid waste’ has the meaning given that
term in section 4011, except that such term—
‘‘(A) includes waste material removed from
a septic tank, septage pit, or cesspool (other
than from portable toilets); and
‘‘(B) does not include—
‘‘(i) any substance the treatment and
disposal of which is regulated under the
Toxic Substances Control Act;
‘‘(ii) waste generated during scrap
processing and scrap recycling; or
‘‘(iii) construction and demolition de-
bris, except where the State or political
subdivision had on or before January 1,
1989, issued eligible bonds secured pursu-
ant to State or local law requiring the de-
livery of construction and demolition debris
to a waste management facility designated
by such State or political subdivision.
‘‘(7) POLITICAL SUBDIVISION.—The term ‘polit-
ical subdivision’ means a city, town, borough, coun-
ty, 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) RECYCLABLE MATERIALS.—The term ‘re-
cyclable 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 sep-
arately from waste destined for disposal, for the pur-
pose 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 re-
covery.
‘‘(9) SUSPENSION DATE.—The term ‘suspension
date’ means, with respect to a State or political
subdivision—
‘‘(A) May 16, 1994;
‘‘(B) the date of an injunction or other
court order described in subsection (a)(2)(B)
that was issued with respect to that State or
political subdivision; or
‘‘(C) the date of a suspension or partial
suspension described in subsection (a)(2)(C)
with respect to that State or political subdivi-
sion.
‘‘(10) WASTE
MANAGEMENT
FACILITY.—The
term ‘waste management facility’ means any facility
for separating, storing, transferring, treating, proc-
essing, 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 mate-
rials.’’.
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