in paragraph (1)(C) with respect to recyclable mate-
rials only if—
‘‘(A) the generator or owner of the mate-
rials voluntarily made the materials available to
the State or qualified political subdivision and
relinquished any rights to, or ownership of,
such materials; and
‘‘(B) the State or qualified political sub-
division, or the designee of the State or quali-
fied political subdivision, assumes such rights
to, or ownership of, such materials.
‘‘(b) LIMITATIONS.—A State or qualified political
subdivision may exercise the authority provided by sub-
section (a) only if the State or qualified political subdivi-
sion—
‘‘(1) before exercising the authority described in
subsection (a)(1)(A) with respect to municipal solid
waste described in subsection (a)(1), establishes a
program to separate, or divert at the point of gen-
eration, the materials described in subsection (g)(4)
from the municipal solid waste, for purposes of recy-
cling, reclamation, or reuse, in accordance with any
State law or municipal solid waste planning require-
ments in effect;
‘‘(2) develops and implements a process de-
scribed in subsection (c) for the designation of facili-
ties described in subsection (a); and
‘‘(3) after conducting 1 or more public hear-
ings—
‘‘(A) finds, on the basis of the record de-
veloped at the hearing or hearings that it is
necessary to exercise the authority provided by
subsection (a) to meet the current solid waste
management needs (as of the date of the
record) and anticipated solid waste manage-
ment needs of the State or qualified political
subdivision for management of municipal solid
waste or recyclable materials; and
‘‘(B) provides a written explanation of the
reasons for the finding described in subpara-
graph (A).
‘‘(c) COMPETITIVE DESIGNATION PROCESS.—In de-
veloping and implementing the designation process de-
scribed in subsection (b)(2) or (e)(4) with respect to waste
management facilities and facilities for recyclable mate-
rials, the State or qualified political subdivision shall—
‘‘(1) ensure that the designation process is
based on, or is part of, a municipal solid waste man-
agement plan that is adopted by the State or quali-
fied political subdivision and that is designed to en-
sure long-term management capacity for municipal
solid waste or recyclable materials generated within
the boundaries of the State or subdivision;
‘‘(2) set forth the goals of the designation proc-
ess, including at a minimum—
‘‘(A) capacity assurance;
‘‘(B) the establishment of provisions to en-
sure that protection of human health and the
environment will be achieved; and
‘‘(C) any other goals determined to be rel-
evant by the State or qualified political subdivi-
sion;
‘‘(3) identify and compare the alternatives and
options for designation of the facilities;
‘‘(4) provide for public participation and com-
ment;
‘‘(5) ensure that the designation of the facilities
is accomplished through an open competitive process
during which the State or qualified political subdivi-
sion—
‘‘(A) identifies in writing the specific cri-
teria to be utilized for selection of the facilities;
‘‘(B) provides an opportunity for interested
public persons and private persons to offer their
existing (as of the date of the process) or pro-
posed facilities for designation; and
‘‘(C) evaluates and selects the facilities for
designation based on the merits of the facilities
in meeting the specific criteria identified; and
‘‘(6) base the designation of each such facility
on reasons that shall be stated in a public record.
‘‘(d) OWNERSHIP OF RECYCLABLE MATERIALS.—
‘‘(1) 
PROHIBITION
ON
REQUIRED
TRANS-
FERS.—Except as provided in paragraph (3), noth-
ing in this section shall authorize any State or quali-
fied political subdivision to require any generator or
owner of recyclable materials to transfer any recycla-
ble materials (other than abandoned or discarded
materials) to such State or qualified political sub-
division.
‘‘(2) PROHIBITION
ON
PROHIBITED
TRANS-
ACTIONS.—Except as provided in paragraph (3),
nothing in this section shall prohibit any generator
or owner of recyclable materials from selling, pur-
chasing, accepting, conveying, or transporting any
recyclable materials for purposes of transformation
or remanufacture into usable or marketable mate-
rials, unless the generator or owner voluntarily made
the materials available to the State or qualified po-
litical subdivision and relinquished any rights to, or
ownership of, such materials.
‘‘(3) LAW AND CONTRACTS.—A contract, law,
ordinance, regulation, or provision described in sub-
section (e)(1) may contain an authorization de-
scribed in paragraph (1) or a prohibition described
in paragraph (2).
‘‘(e) EXISTING LAWS AND CONTRACTS.—
‘‘(1) IN GENERAL.—This section shall not su-
persede, abrogate, or otherwise modify any of the
following:
‘‘(A) Any contract or other agreement (in-
cluding any contract containing an obligation to
repay the outstanding indebtedness on any pro-
posed or existing waste management facility or
facility for recyclable materials) entered into be-
fore May 15, 1994, by a State or qualified po-
litical subdivision in which such State or quali-
fied political subdivision has designated a waste
management facility, or management facility for
recyclable materials, for the management of
municipal solid waste or recyclable materials
pursuant to an ordinance or law adopted by
such State or qualified political subdivision be-
fore May 15, 1994.
‘‘(B) Any other contract or agreement en-
tered into before May 15, 1994, for the man-
agement of municipal solid waste.
‘‘(C)(i) Any law, ordinance, regulation, or
legislative or administrative provision—
‘‘(I) that is adopted before May 15,
1994; and
‘‘(II) that pertains to the transpor-
tation or disposal of municipal solid waste
generated within the boundaries of a State
or qualified political subdivision:
to the extent that the law, ordinance, regula-
tion, legislative or administrative provision is
applied to the transportation or disposal of mu-
nicipal solid waste, generated from household
sources (as described in subsection (g)(2)(A)(i))
within the boundaries, to a proposed or existing
waste management facility designated before
May 15, 1994, under such law, ordinance, regu-
lation, legislative or administrative provision.
‘‘(ii) Any law, ordinance, regulation, or leg-
islative or administrative provision—
‘‘(I) that is adopted before May 15,
1994;
‘‘(II) that pertains to the transpor-
tation or disposal of municipal solid waste
generated within the boundaries of a State
or qualified political subdivision; and
‘‘(III) under which a State or quali-
fied political subdivision; prior to May 15,
1994, directed, limited, regulated, or pro-
hibited the transportation or disposal of
municipal solid waste that is generated, or
is commingled with municipal solid waste
that is generated, from commercial, insti-
tutional, or industrial sources within the
boundaries, or that is incinerator ash from
a solid waste incineration unit, or con-
struction debris or demolition debris, gen-
erated within the boundaries:
Provided, That the law, ordinance, regulation,
legislative or administrative provision is applied
to the transportation or disposal of municipal
solid waste described in subclause (III), to a
proposed or existing waste management facility
designated before May 15, 1994, under such
law, ordinance, regulation, legislative or admin-
istrative provision.
‘‘(iii) Any law, ordinance, regulation, or
legislative or administrative provision—
‘‘(I) that is adopted before May 15,
1994; and
‘‘(II) that pertains to the transpor-
tation of recyclable materials generated
within the boundaries of a State or quali-
fied political subdivision:
Provided, That the law, ordinance, regulation,
legislative or administrative provision is applied
to the transportation of recyclable materials,
that are generated within the boundaries and
with respect to which the generator or owner of
the materials, and the State or qualified politi-
cal subdivision, have met the appropriate condi-
tions described in subsection (a)(2), to a facility
designated before May 15, 1994, under such
law, ordinance, regulation, legislative or admin-
istrative provision.
‘‘(iv) Any law, ordinance, regulation, or
legislative or administrative provision—
‘‘(I) that is adopted before May 15,
1994;
‘‘(II) that pertains to the transpor-
tation of recyclable materials generated
within the boundaries of a State or quali-
fied political subdivision; and
‘‘(III) under which a State or quali-
fied political subdivision, prior to May 15,
1994, directed, limited, regulated, or pro-
hibited the transportation of recyclable ma-
terials that are not materials with respect
to which the generator or owner of the ma-
terials, and the State or qualified political
subdivision, have met the appropriate con-
ditions described in subsection (a)(2) and
that—
‘‘(aa) are generated from house-
hold sources (as described in sub-
section (g)(2)(A)(i)) within the bound-
aries; or
‘‘(bb) are generated from com-
mercial, institutional, or industrial
sources within the boundaries:
Provided, That the law, ordinance, regulation,
legislative or administrative provision is applied
to the transportation of recyclable materials,
described in subclause (III), to a facility des-
ignated before May 15, 1994, under such law,
ordinance, regulation, legislative or administra-
tive provision, and is applied to the same class
of materials described in item (aa) or (bb) of
subclause (III) to which the law, ordinance, reg-
ulation, legislative or administrative provision
applied before such date.
‘‘(2) CONTRACT
INFORMATION.—A part to a
contract or other agreement that is described in sub-
paragraph (A) or (B) of paragraph (1) shall provide
a copy of the contract or agreement to the State or
qualified political subdivision on request. Any propri-
etary information contained in the contract or agree-
ment may be omitted in the copy, but the informa-
tion that appears in the copy shall include at least
the date that the contract or agreement was signed,
the volume of municipal solid waste or recyclable
materials covered by the contract or agreement with
respect to which the State or qualified political sub-
division could otherwise exercise authority under
subsection (a) or (e)(1)(C), the source of the waste
or materials, the destination of the waste or mate-
rials, the duration of the contract or agreement and
the parties to the contract or agreement.
‘‘(3) EFFECT ON INTERSTATE COMMERCE.—Ef-
fective from the date of its adoption, any contract or
agreement described in subparagraph (A) or (B) of
paragraph (1), and any law, ordinance, regulation,
or provision described in paragraph (1)(C), shall be
considered to be a reasonable regulation of com-
merce by a State or qualified political subdivision
and shall not be treated as imposing an undue bur-
den on or otherwise impairing, restraining, or dis-
criminating against interstate commerce.
‘‘(4) LIMITATION.—A State or qualified politi-
cal subdivision may exercise the authority of any
law, ordinance, regulation, or provision described in
paragraph (1)(C), to the extent provided in such
paragraph, only if the State or qualified political
subdivision develops and implements a process de-
scribed in subsection (c) for the designation of any
waste management facility or facility for recyclable
materials that the State or qualified political sub-
division designates, after the date of enactment of
this section, as a facility to which any waste or ma-
terials described in paragraph (1) shall be trans-
ported. Nothing in this paragraph shall affect any
designation made before the date of enactment of
this section.
‘‘(5) 
EFFECT
ON
STATE
PROCUREMENT
LAWS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), nothing in this section shall
supersede or modify—
‘‘(i) any State law or State regulation
concerning the procurement of municipal
solid waste services or facilities by qualified
political subdivisions; or
‘‘(ii) any State law or regulation con-
cerning competitive bidding for such serv-
ices or facilities.
‘‘(B) 
DESIGNATION.—Notwithstanding
subparagraph (A), any such facilities shall be
subject to the designation process described in
subsection (c).
‘‘(6) DESIGNATION BEFORE A DATE.—For pur-
poses of this section, a facility shall be considered to
be designated before a date if—
‘‘(A) the facility was designated before the
date in a written document; and
‘‘(B) the terms and requirements of the
document, and of any laws and regulations of
the State or qualified political subdivision in-
volved, that were in effect and applicable to the
designation continue to apply.
‘‘(f) SAVINGS CLAUSE.—Nothing in this section is in-
tended to supersede, amend, or otherwise modify Federal
or State environmental standards that apply to the dis-
posal or management of solid waste at waste management
facilities and facilities for recyclable materials.
‘‘(g) DEFINITIONS.—As used in this section:
‘‘(1) INDUSTRIAL SOLID WASTE.—The term ‘in-
dustrial solid waste’ means solid waste generated by
manufacturing or industrial processes, including
waste generated during scrap processing and recy-
cling, that is not hazardous waste regulated under
subtitle C.
‘‘(2) MUNICIPAL SOLID WASTE.—
‘‘(A) IN GENERAL.—The term ‘municipal
solid waste’—
‘‘(i) means any waste generated by a
household, including a single or multifam-
ily residence;
‘‘(ii) includes waste generated by a
commercial, institutional, or industrial
source to the extent that such waste—
‘‘(I) has characteristics that are
similar to waste normally generated
by households; or
‘‘(II) would be considered condi-
tionally exempt small quantity genera-
tor waste under section 3001(d) and
is collected and disposed of with other
municipal solid waste as part of nor-
mal municipal solid waste collection
services; and
‘‘(iii) includes residue remaining after
recyclable materials have been separated,
or diverted at the point of generation, from
municipal solid waste described in clause
(i) or (ii).
‘‘(B) EXCLUSIONS.—The term ‘municipal
solid waste’ shall not include any of the follow-
ing:
‘‘(i) Hazardous waste required to be
managed in accordance with subtitle C
(other than waste described in subpara-
graph (A)(ii)(II), solid waste containing a
polychlorinated biphenyl regulated under
the Toxic Substances Control Act (15
U.S.C. 2601 et seq.), or medical waste.
‘‘(ii)(I) A recyclable material.
‘‘(II) A material or a product re-
turned from a dispenser or distributor to
the manufacturer or the agent of the man-
ufacturer for credit, evaluation, or reuse.
‘‘(III) A material or product that is
an out-of-date or unmarketable material or
product, or is a material or product that
does not conform to specifications, and
that is returned to the manufacturer or the
agent of the manufacturer for credit, eval-
uation, or reuse.
‘‘(iii) Any solid waste (including con-
taminated soil and debris) resulting from a
response action taken under section 104 or
106 of the Comprehensive Environmental
Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9604 or 9606) or a
corrective action taken under this Act.
‘‘(iv)(I) Industrial solid waste.
‘‘(II) Any solid waste that is gen-
erated by an industrial facility and trans-
ported for the purpose of containment,
storage, or disposal to a facility that is
owned or operated by the generator of the
waste, or a facility that is located on prop-
erty owned by the generator or a company
with which the generator is affiliated.
‘‘(3) QUALIFIED POLITICAL SUBDIVISION.—The
term ‘qualified political subdivision’ means a govern-
mental entity of a political subdivision of a State if
a majority of members of the entity are elected offi-
cials and the entity has been granted authority by
the State to plan for, or determine the methods to
be utilized for, the collection, disposal, or other man-
agement of municipal solid waste generated within
the boundaries of the political subdivision.
‘‘(4) RECYCLABLE MATERIAL.—The term ‘recy-
clable material’ means any material (including any
metal, glass, plastic, textile, wood, paper, rubber, or
other material) that has been separated, or diverted
at the point of generation, from solid waste for the
purpose of recycling, reclamation, or reuse.
‘‘(5) WASTE
MANAGEMENT
FACILITY.—The
term ‘waste management facility’ means any facility
in which solid waste is collected, separated, stored,
transferred, treated, processed, or disposed of.’’.
(b) TABLE OF CONTENTS.—The table of contents for
such subtitle D is amended by adding after the item relat-
ing to section 4010 the following new item:
‘‘Sec. 4011. Congressional authorization of State control over transportation of
municipal solid waste.’’.
Æ
HR 4683 IH——2