‘‘PART I—PRODUCTS IN THE MARKETPLACE 
‘‘SEC. 12101. EXTENDED PRODUCER RESPONSIBILITY. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), beginning on February 1, 2023, each responsible 
party for any covered product or beverage sold in a bev-
erage container that is sold, distributed, or imported into 
the United States shall— 
‘‘(1) participate as a member of an Organiza-
tion for which a Plan is approved by the Adminis-
trator; and 
‘‘(2) through that participation, satisfy the per-
formance targets under section 12105(g). 
‘‘(b) EXEMPTIONS.—A responsible party for a cov-
ered product or beverage sold in a beverage container, in-
cluding a responsible party that operates as a single point 
of retail sale and is not supplied by, or operated as part 
of, a franchise, shall not be subject to this part if the re-
sponsible party— 
‘‘(1)(A) for fiscal year 2021, has an annual rev-
enue of less than $1,000,000; and 
‘‘(B) for fiscal year 2022 and each subsequent 
fiscal year, has an annual revenue of less than the 
applicable amount during the preceding fiscal year, 
as adjusted to reflect changes for the 12-month pe-
riod ending on the preceding November 30 in the 
Consumer Price Index for All Urban Consumers 
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published by the Bureau of Labor Statistics of the 
Department of Labor; or 
‘‘(2) is the responsible party for less than 1 ton 
of covered products or beverage containers in com-
merce each year. 
‘‘(c) ENFORCEMENT.— 
‘‘(1) PROHIBITION.—It shall be unlawful for 
any person that is a responsible party for a covered 
product or beverage sold in a beverage container to 
sell, use, or distribute any covered product or bev-
erage sold in a beverage container in commerce ex-
cept in compliance with this part. 
‘‘(2) CIVIL PENALTY.—Any person that violates 
paragraph (1) shall be subject to a fine for each vio-
lation and for each day that the violation occurs in 
an amount of not more than $70,117. 
‘‘(3) INJUNCTIVE RELIEF.—The Administrator 
may bring a civil action to enjoin the sale, distribu-
tion, or importation into the United States of a cov-
ered product or beverage sold in a beverage con-
tainer in violation of this part. 
‘‘(4) STATE
ENFORCEMENT.—The Adminis-
trator may permit a State to carry out enforcement 
under paragraph (2) or (3) if the Administrator de-
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termines that the State meets such requirements as 
the Administrator may establish. 
‘‘(d) INAPPLICABILITY OF THE ANTITRUST LAWS.— 
The antitrust laws, as defined in the first section of the 
Clayton Act (15 U.S.C. 12), shall not apply to a respon-
sible party or Organization that carries out activities in 
accordance with an approved Plan if the conduct is nec-
essary to plan and implement the Plan. 
‘‘SEC. 12102. PRODUCER RESPONSIBILITY ORGANIZATIONS. 
‘‘(a) IN GENERAL.— 
‘‘(1) ESTABLISHMENT.—To satisfy the require-
ment under section 12101(a)(1), one or more re-
sponsible parties for a category of covered product 
or beverage sold in a beverage container shall estab-
lish a Producer Responsibility Organization that 
shall act as an agent and on behalf of each respon-
sible party to carry out the responsibilities of the re-
sponsible party under this part with respect to that 
category of covered product or beverage sold in a 
beverage container. 
‘‘(2) PROGRAM.—An Organization shall estab-
lish a Product Stewardship Program to carry out 
the responsibilities of the Organization under this 
part. 
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‘‘(3) COORDINATION.—If more than 1 Organi-
zation is established under paragraph (1) with re-
spect to a category of covered product or beverage 
sold in a beverage container, the Administrator 
shall— 
‘‘(A) coordinate and manage those Organi-
zations; or 
‘‘(B) establish an entity— 
‘‘(i) to carry out subparagraph (A); 
and 
‘‘(ii) to conduct business between 
those Organizations and State and local 
governments. 
‘‘(4) MULTIPLE
ORGANIZATIONS.—A respon-
sible party— 
‘‘(A) may participate in more than 1 Orga-
nization if each Organization is established for 
a different category of covered products or bev-
erages sold in beverage containers; and 
‘‘(B) may participate in— 
‘‘(i) only 1 national Organization with 
respect to— 
‘‘(I) each category of covered 
products; or 
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‘‘(II) beverages sold in beverage 
containers; or 
‘‘(ii) only 1 regional Organization with 
respect to beverages sold in beverage con-
tainers and each category of covered prod-
ucts for each region in which the covered 
products or beverages sold in beverage con-
tainers produced by the responsible party 
are sold. 
‘‘(5) NONPROFIT
STATUS.—An Organization 
shall be established and operated as an organization 
described in section 501(c)(3) of the Internal Rev-
enue Code of 1986 and exempt from taxation under 
501(a) of that Code. 
‘‘(6) CATEGORIES.—The Administrator, in con-
sultation with Organizations, shall promulgate regu-
lations to establish categories of covered products 
and beverages sold in beverage containers for pur-
poses of this part. 
‘‘(b) PARTICIPATION FEES.— 
‘‘(1) IN GENERAL.—Subject to paragraph (5), 
an Organization shall charge each responsible party 
a fee for membership in the Organization in accord-
ance with this subsection. 
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‘‘(2) COMPONENTS.—A fee charged to a respon-
sible party under paragraph (1) shall include— 
‘‘(A) costs of management and cleanup in 
accordance with paragraph (3); and 
‘‘(B) administrative costs in accordance 
with paragraph (4). 
‘‘(3) MANAGEMENT AND CLEANUP COSTS.— 
‘‘(A) IN
GENERAL.—A fee under para-
graph (1) shall include, with respect to a re-
sponsible party, the costs of management 
(which shall include collecting, transporting, 
processing, recycling, and composting) or clean-
ing up the covered products or beverage con-
tainers of the responsible party after consumer 
use through the applicable Program, including 
administrative costs. 
‘‘(B) CONSIDERATIONS.—In determining 
the costs of management and cleanup described 
in subparagraph (A) with respect to a respon-
sible party, an Organization shall, at a min-
imum, take into account— 
‘‘(i) the cost to properly manage the 
applicable category of covered product or 
beverage container waste; 
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‘‘(ii) the cost to assist in cleaning up 
the covered product or beverage container 
waste of the responsible party from— 
‘‘(I) public places; 
‘‘(II) freshwater and marine envi-
ronments, to the extent that cleanup 
can be accomplished without harming 
the existing marine life and intact 
ecosystems; and 
‘‘(III) materials in compost facili-
ties or other facilities handling or-
ganic wastes; 
‘‘(iii) to the extent that cleanup of the 
covered products or beverage containers 
from freshwater and marine environments 
cannot be accomplished without harming 
the existing freshwater and marine life and 
intact ecosystems, the cost of other appro-
priate mitigation measures; 
‘‘(iv) the higher cost of managing cov-
ered products that— 
‘‘(I) bond materials together, 
making the covered product more dif-
ficult to recycle, such as plastic bond-
ed with paper or metal; 
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‘‘(vi) covered products with lower en-
vironmental impacts, including— 
‘‘(I) covered products that are 
made of— 
‘‘(aa) sustainable or renew-
ably sourced materials; or 
‘‘(bb) at least 90 percent by 
weight of any combination of— 
‘‘(AA) postconsumer re-
cycled content; or 
‘‘(BB) 
materials 
de-
rived from land or fresh-
water or marine environ-
ment litter; and 
‘‘(II) compostable covered prod-
ucts that— 
‘‘(aa) have direct contact 
with food; or 
‘‘(bb) help divert food waste 
from a landfill; and 
‘‘(vii) the percentage of postconsumer 
recycled content verified by an independent 
party designated by the Administrator that 
exceeds the minimum requirements estab-
lished under section 12302 in the pack-
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aging, if the recycled content does not dis-
rupt the potential for future recycling. 
‘‘(4) ADMINISTRATIVE COSTS.— 
‘‘(A) IN
GENERAL.—A fee under para-
graph (1) shall include— 
‘‘(i) the administrative costs to the 
Organization of carrying out the Program; 
‘‘(ii) the cost to the Administrator of 
administering this part with respect to the 
applicable Organization, including— 
‘‘(I) oversight, including annual 
oversight; 
‘‘(II) issuance of any rules; 
‘‘(III) planning; 
‘‘(IV) Plan review; 
‘‘(V) compliance; 
‘‘(VI) outreach and education; 
‘‘(VII) enforcement; 
‘‘(VIII) sufficient staff positions 
to administer this part; and 
‘‘(IX) other activities directly re-
lated to the activities described in sub-
clauses (I) through (VIII); and 
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‘‘(iii) the cost to a State for carrying 
out enforcement with respect to the appli-
cable Organization. 
‘‘(B) 
CONSIDERATION.—In 
determining 
the fee for a responsible party under subpara-
graph (A), an Organization shall consider the 
company size and annual revenue of the respon-
sible party. 
‘‘(C) REIMBURSEMENT.—An Organization 
shall reimburse— 
‘‘(i) the Administrator for costs de-
scribed subparagraph (A)(ii) incurred by 
the Administrator; and 
‘‘(ii) a State for costs described in 
subparagraph (A)(iii) incurred by the 
State. 
‘‘(5) APPROVAL.— 
‘‘(A) IN GENERAL.—Before an Organiza-
tion may charge a fee or revise the amount of 
a fee to be charged under paragraph (1)— 
‘‘(i) the Organization shall submit to 
the Administrator the fee structure and 
the methodology for determining that fee 
structure; and 
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‘‘(ii)(I) the Organization shall receive 
notification of approval of the fee structure 
under subparagraph (B)(ii); or 
‘‘(II) the fee structure shall be consid-
ered approved under subparagraph (C). 
‘‘(B) APPROVAL.—Not later than 60 days 
after receipt of a fee structure under subpara-
graph (A)(i), the Administrator shall— 
‘‘(i)(I) approve the fee structure if the 
Administrator determines that the fee 
structure is in accordance with this sub-
section; or 
‘‘(II) deny the fee structure if the Ad-
ministrator determines that the fee struc-
ture is not in accordance with this sub-
section; and 
‘‘(ii) notify the Organization of the 
determination under clause (i). 
‘‘(C) FAILURE
TO
MEET
DEADLINE.—If 
the Administrator does not make a determina-
tion under clause (i) of subparagraph (B) by 
the date required under that subparagraph, the 
fee structure shall be considered to be approved. 
‘‘(c) ADVISORY COMMITTEES.— 
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‘‘(1) IN GENERAL.—An Organization shall es-
tablish an advisory committee that represents a 
range of interested and engaged persons relevant to 
the category of covered products or beverages sold in 
beverage containers of the applicable Program, in-
cluding— 
‘‘(A) collection providers; 
‘‘(B) cleanup service providers; 
‘‘(C) recyclers; and 
‘‘(D) composters. 
‘‘(2) COMPOSITION.— 
‘‘(A) IN GENERAL.—At a minimum, an ad-
visory committee shall include individuals rep-
resenting each of— 
‘‘(i) responsible parties, such as a 
trade association; 
‘‘(ii) States; 
‘‘(iii) cities, including— 
‘‘(I) small and large cities; and 
‘‘(II) cities located in urban and 
rural counties; 
‘‘(iv) counties, including— 
‘‘(I) small and large counties; 
and 
‘‘(II) urban and rural counties; 
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‘‘(v) public sector recycling, compost-
ing, and solid waste industries for the ap-
plicable type of product or packaging; 
‘‘(vi) private sector recycling, com-
posting, and solid waste industries for the 
applicable type of product or packaging; 
‘‘(vii) recycled feedstock users for the 
applicable type of product or packaging; 
‘‘(viii) public place litter programs; 
‘‘(ix) freshwater and marine litter pro-
grams; 
‘‘(x) environmental organizations; 
‘‘(xi) disability advocates; 
‘‘(xii) Indian Tribes; and 
‘‘(xiii) 
environmental 
and 
human 
health scientists. 
‘‘(B) REQUIREMENTS.— 
‘‘(i) IN
GENERAL.—Each individual 
serving on an advisory committee may rep-
resent only 1 category described in clauses 
(i) through (xiii) of subparagraph (A). 
‘‘(ii) DISPROPORTIONATE REPRESEN-
TATION.—An Organization shall ensure 
that no category described in clauses (i) 
through (xiii) of subparagraph (A) has dis-
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proportionate representation on an advi-
sory committee. 
‘‘(3) PUBLIC COMMENT.—Each year, an Orga-
nization shall provide a process to receive comments 
from additional stakeholders and community mem-
bers, which to the maximum extent practicable shall 
include diverse ethnic populations. 
‘‘(4) EXPENSES.— 
‘‘(A) IN GENERAL.—An Organization shall 
reimburse representatives of community groups, 
Indian Tribes, State and local governments, 
and nonprofit organizations for expenses related 
to participating on the advisory committee. 
‘‘(B) OTHER MEMBERS.—Other members 
of the advisory committee may be compensated 
for travel expenses as needed to ensure the abil-
ity of those members to participate on the advi-
sory committee. 
‘‘(5) DUTIES.—An Organization shall— 
‘‘(A) hold an advisory committee meeting 
at least once per year; 
‘‘(B) request and consider comments from 
the advisory committee of the Organization 
prior to the submission to the Administrator of 
a Plan or any revisions to a Plan; 
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‘‘(C) report comments of the advisory com-
mittee to the Administrator as an appendix to 
any revisions to a Plan submitted to the Ad-
ministrator; and 
‘‘(D) include a summary of advisory com-
mittee engagement and input in the report 
under section 12107. 
‘‘SEC. 12103. COVERED PRODUCT MANAGEMENT. 
‘‘(a) IN GENERAL.—In carrying out a Program, a re-
sponsible party, acting through an Organization, shall— 
‘‘(1) meet the performance targets under the 
applicable Plan, as described in section 12105(g)— 
‘‘(A) in the case of covered products, by 
providing for the collection of covered products 
in accordance with subsection (b); or 
‘‘(B) in the case of beverage containers, by 
carrying out the responsibilities under section 
12104(e); and 
‘‘(2) in accordance with subsection (c), provide 
for the cleanup of covered products or beverage con-
tainers that become litter. 
‘‘(b) COLLECTION.— 
‘‘(1) IN GENERAL.—A Program shall provide 
widespread, convenient, and equitable access to op-
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portunities for the collection of covered products in 
accordance with this subsection. 
‘‘(2) CONVENIENCE.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), collection opportunities described in 
paragraph (1) shall— 
‘‘(i) be provided throughout each 
State, Tribal land, and territory in which 
the applicable covered product is sold, in-
cluding in rural and island communities; 
‘‘(ii) be as convenient as trash collec-
tion in the applicable area; and 
‘‘(iii) in a case in which collection of 
the applicable covered product by curbside 
collection is not practicable, be, as deter-
mined by the Administrator, and in the 
case of a city with a population of 750,000 
or more residents, subject to the approval 
of the city, available for not less than 95 
percent of the population of the applicable 
area within— 
‘‘(I) in the case of an urban area, 
a 10-minute drive; or 
‘‘(II) in the case of a rural area, 
the longer of— 
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‘‘(aa) a 45-minute drive; and 
‘‘(bb) the time to drive to 
the nearest rural service center. 
‘‘(B) WAIVER.—The Administrator may 
waive the requirement under subparagraph (A) 
after— 
‘‘(i) consultation with the advisory 
committee of the applicable Organization 
and other appropriate stakeholders; and 
‘‘(ii) approval by the unit of local gov-
ernment with jurisdiction over the applica-
ble area. 
‘‘(3) METHODS.— 
‘‘(A) CURBSIDE OR MULTIFAMILY COLLEC-
TION.—With respect to a geographic area de-
scribed in paragraph (2)(A), an Organization 
shall, at a minimum, provide the opportunity 
for the collection of the applicable covered prod-
uct through a curbside or multifamily recycling 
collection service, if— 
‘‘(i) the category of covered product— 
‘‘(I) is suitable for curbside or 
multifamily recycling collection; and 
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‘‘(II) can be effectively sorted by 
facilities receiving the covered product 
after collection; and 
‘‘(ii) the provider of the service 
agrees— 
‘‘(I) to accept the category of 
covered product; and 
‘‘(II) to a compensation agree-
ment described in subparagraph (C). 
‘‘(B) OTHER
METHODS.—In addition to 
the method described in subparagraph (A), an 
Organization may comply with the requirement 
under paragraph (1) by— 
‘‘(i) 
entering 
into 
an 
agreement 
with— 
‘‘(I) an entity that carries out a 
program through which consumers 
may drop off the covered product at a 
designated location (commonly known 
as a ‘depot drop-off program’); or 
‘‘(II) a retailer that accepts the 
covered 
product 
from 
consumers 
(commonly known as ‘retailer take- 
back’); or 
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‘‘(ii) such other means as the Organi-
zation determines to be appropriate, in-
cluding by establishing a collection pro-
gram or service, including a program or 
service that provides collection from public 
spaces. 
‘‘(C) COMPENSATION AGREEMENTS.— 
‘‘(i) IN
GENERAL.—An Organization 
may comply with this subsection by enter-
ing into an agreement with a governmental 
or private entity under which the Organi-
zation compensates the entity for the col-
lection of covered products. 
‘‘(ii) REQUIREMENT.—As part of a 
compensation agreement under clause (i), 
an Organization shall offer to provide re-
imbursement of not less than 100 percent 
of the cost to the entity of managing the 
covered products, including, as applicable, 
administrative costs, sorting, and reproc-
essing. 
‘‘(4) MANAGING
COLLECTED
COVERED
PROD-
UCTS.—In carrying out this subsection, an Organi-
zation shall— 
‘‘(A) ensure that— 
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‘‘(i) the collection means and systems 
used direct the covered product waste to— 
‘‘(I) facilities that are effective in 
sorting and reprocessing covered prod-
uct waste prior to shipment in a form 
ready for remanufacture into new 
products; or 
‘‘(II) other facilities that the Ad-
ministrator determines appropriately 
manage the covered product waste; 
‘‘(ii) covered products are managed in 
an environmentally sound and socially just 
manner at reprocessing, disposal, or other 
facilities operating with human health and 
environmental protection standards that 
are broadly equivalent to the standards re-
quired in— 
‘‘(I) the United States; or 
‘‘(II) other countries that are 
members of the Organization for Eco-
nomic Cooperation and Development; 
and 
‘‘(iii) the Program includes measures 
to track, verify, and publicly report that 
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covered products are managed responsibly 
and not reexported to other countries; and 
‘‘(B) take measures— 
‘‘(i) to promote high-quality recycling 
that retains material quality; 
‘‘(ii) to meet the necessary quality 
standards for the relevant facilities that 
manufacture new products from the col-
lected, sorted, and reprocessed materials; 
and 
‘‘(iii) to prioritize the recycling of 
products and packaging into uses that 
achieve the greatest environmental benefits 
from displacing the use of virgin materials. 
‘‘(5) COSTS.—A responsible party or an Organi-
zation may not charge a covered entity any amount 
for the cost of carrying out this subsection. 
‘‘(6) EFFECT.—Nothing in this subsection— 
‘‘(A) requires a governmental entity to pro-
vide for the collection of covered products; or 
‘‘(B) prohibits a governmental entity from 
providing for the collection of covered products. 
‘‘(c) CLEANUP; REDUCTION IN WASTE.—A Program 
shall— 
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‘‘(1) provide funding to, and coordinate with, 
entities that collect covered product or beverage con-
tainer litter from public places or freshwater or ma-
rine environments in the United States, including 
Tribal land and territories; and 
‘‘(2) coordinate product design and Program in-
novations to reduce covered product or beverage con-
tainer waste. 
‘‘(d) MINIMUM FUNDING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Of Program expenditures 
for a fiscal year, an Organization shall ensure 
that— 
‘‘(A)(i) for the 10-year period beginning on 
the date on which the Organization is estab-
lished, not less than 50 percent is used for the 
improvement and development of new market, 
recycling, or composting infrastructure in the 
United States, which may include installing or 
upgrading equipment at existing sorting and re-
processing facilities— 
‘‘(I) to improve sorting of covered 
product waste; or 
‘‘(II) to mitigate the impacts of cov-
ered product waste to other commodities; 
and 
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‘‘(ii) for each year thereafter, such percent-
age as the Administrator may establish, but not 
less than 10 percent, is used for the purposes 
described in clause (i); and 
‘‘(B) not less than 10 percent is used for— 
‘‘(i) cleanup activities under sub-
section (c)(1); and 
‘‘(ii) the removal of covered product 
or beverage container contaminants at 
compost facilities and other facilities that 
manage organic materials. 
‘‘(2) DETERMINATION
OF
EXPENDITURES.— 
For purposes of carrying out paragraph (1), Pro-
gram expenditures for a fiscal year shall be based 
on— 
‘‘(A) in the case of the first fiscal year of 
the Program, budgeted expenditures for the fis-
cal year; and 
‘‘(B) in the case of each fiscal year there-
after, Program expenditures for the previous 
fiscal year. 
‘‘SEC. 12104. NATIONAL BEVERAGE CONTAINER PROGRAM. 
‘‘(a) RESPONSIBILITIES
OF
RESPONSIBLE
PAR-
TIES.— 
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‘‘(1) IN GENERAL.—Each responsible party for 
beverages sold in beverage containers shall— 
‘‘(A) charge to a retailer to which the bev-
erage in a beverage container is delivered a de-
posit in the amount of the applicable refund 
value described in subsection (c) on delivery; 
and 
‘‘(B) on receipt of an empty beverage con-
tainer from a retailer, pay to the retailer a re-
fund in the amount of the applicable refund 
value described in subsection (c). 
‘‘(2) USE
OF
DEPOSITS
FROM
UNREDEEMED 
BEVERAGE CONTAINERS.—A responsible party shall 
use any amounts received as deposits under para-
graph (1)(A) for which an empty beverage container 
is not returned to the Organization responsible for 
the material of the beverage container for invest-
ment in collection, recycling, and reuse infrastruc-
ture. 
‘‘(b) RESPONSIBILITIES OF RETAILERS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), each retailer of beverages in beverage 
containers shall— 
‘‘(A) charge to the customer to which the 
beverage in a beverage container is sold a de-
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posit in the amount of the applicable refund 
value described in subsection (c) on the sale; 
‘‘(B) on receipt of an empty beverage con-
tainer from a customer, pay to the customer a 
refund in the amount of the applicable refund 
value described in subsection (c); 
‘‘(C) accept a beverage container and pay 
a refund under subparagraph (B)— 
‘‘(i) during any period that the re-
tailer is open for business; and 
‘‘(ii) regardless of whether the specific 
beverage container was sold by the retailer; 
and 
‘‘(D) in the case of a retailer that is equal 
to or greater than 5,000 square feet, accept any 
brand and size of beverage container and pay a 
refund under subparagraph (B) for the bev-
erage container, regardless of whether the re-
tailer sells that brand or size of beverage con-
tainer. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) DIRTY OR DAMAGED.—A retailer de-
scribed in paragraph (1) may refuse to accept 
a beverage container and pay a refund under 
paragraph (1)(B) if the beverage container— 
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‘‘(i) visibly contains or is contami-
nated by a substance other than— 
‘‘(I) water; 
‘‘(II) residue of the original con-
tents; or 
‘‘(III) ordinary dust; or 
‘‘(ii) is so damaged that the brand or 
refund label appearing on the container 
cannot be identified. 
‘‘(B) CONTAINER LIMITATION.— 
‘‘(i) LARGE
RETAILERS.—A retailer 
described in paragraph (1) that is equal to 
or greater than 5,000 square feet may 
refuse to accept, and pay a refund under 
paragraph (1)(B) for, more than 250 bev-
erage containers per person per day. 
‘‘(ii) SMALL
RETAILERS.—A retailer 
described in paragraph (1) that is less 
than 5,000 square feet may refuse to ac-
cept, and pay a refund under paragraph 
(1)(B) for, more than 50 beverage con-
tainers per person per day. 
‘‘(C) BRAND
AND
SIZE.—A retailer de-
scribed in paragraph (1) that is less than 5,000 
square feet may refuse to accept, and pay a re-
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fund under paragraph (1)(B) for, a brand or 
size of beverage container that the retailer does 
not sell. 
‘‘(D) RESTAURANTS.—A retailer described 
in paragraph (1) that is a restaurant may 
refuse to accept, and pay a refund under para-
graph (1)(B) for, a beverage container that the 
restaurant did not sell. 
‘‘(E) OTHER
MEANS
OF
RETURN.—The 
Administrator may permit the establishment of 
convenience zones, under which a retailer within 
a convenience zone is exempt from this sub-
section if the Administrator determines that the 
retailer— 
‘‘(i) is located within close proximity 
to a redemption center established under 
subsection (e)(2); and 
‘‘(ii) shares in the cost of the oper-
ation of that redemption center with the 
responsible party. 
‘‘(c) APPLICABLE REFUND VALUE.— 
‘‘(1) IN GENERAL.—The amount of the refund 
value referred to in subsections (a) and (b) shall be 
not less than 10 cents. 
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‘‘(2) ADJUSTMENTS.—Beginning on the date 
that is 3 years after the date of enactment of this 
part, the Administrator may increase the minimum 
refund value under paragraph (1) to account for— 
‘‘(A) inflation; and 
‘‘(B) other factors, such as a failure to 
meet performance targets described in section 
12105(g). 
‘‘(3) DISCRETIONARY
INCREASES.—A respon-
sible party, with respect to a covered product or bev-
erage container, or a State may require a refund 
value that is more than the minimum refund value 
under paragraph (1). 
‘‘(d) LABELING.—Any manufacturer, importer, or 
distributor of a beverage in a beverage container that is 
sold in the United States shall include on the label of the 
beverage container a standardized description of the appli-
cable refund value in such a manner that the description 
is clearly visible. 
‘‘(e) RESPONSIBILITIES OF ORGANIZATIONS.— 
‘‘(1) COLLECTION AND STORAGE.—An Organi-
zation of responsible parties for beverages sold in 
beverage containers shall facilitate collection and 
storage of beverage containers that are returned to 
retailers under this section by providing storage or 
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other means to collect the beverage containers until 
collection for recycling, such as reverse vending or 
other convenient options for consumers. 
‘‘(2) REDEMPTION CENTERS.— 
‘‘(A) IN
GENERAL.—An Organization of 
responsible parties for beverages sold in bev-
erage containers shall establish and operate fa-
cilities to accept beverage containers from con-
sumers. 
‘‘(B) REQUIREMENTS.—A facility estab-
lished under subparagraph (A) shall— 
‘‘(i) be staffed and available to the 
public— 
‘‘(I) each day other than a Fed-
eral or local holiday; and 
‘‘(II) not less than 10 hours each 
day; 
‘‘(ii) accept— 
‘‘(I) any beverage container; and 
‘‘(II) not less than 350 beverage 
containers per person per day; and 
‘‘(iii) provide— 
‘‘(I) hand or automated counts 
conducted by staff of the facility; 
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‘‘(II) a drop door for consumers 
to drop off bags of mixed beverage 
containers for staff of the facility to 
count, for which the facility may col-
lect a convenience fee; or 
‘‘(III) 
any 
other 
convenient 
means of receiving and counting bev-
erage containers, as determined by the 
Administrator. 
‘‘(3) CURBSIDE COLLECTION.—An Organization 
may pay an entity that collects curbside recycling 
the value of the applicable refund value under sub-
section (c) for beverage containers collected, based 
on weight or another measurement that approxi-
mates the amount of the refunds, as negotiated by 
the Organization and the entity. 
‘‘(f) EXCLUDED STATES.— 
‘‘(1) DEFINITION OF ELIGIBLE STATE.—In this 
subsection, the term ‘eligible State’ means a State 
that— 
‘‘(A) has in effect a beverage container law 
before the date of enactment of this subtitle; 
and 
‘‘(B) enacts legislation after the date of en-
actment of this part to update the beverage 
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container law described in subparagraph (A) to 
be consistent with the refund value amounts 
under, and beverage containers covered by, this 
part. 
‘‘(2) COMPLIANCE WITH STATE LAW.—In the 
case of an eligible State, compliance with the law of 
the eligible State by a distributor, retailer, manufac-
turer, importer, or Organization shall be considered 
to be compliance with this section. 
‘‘(3) CONFORMITY.—An eligible State is en-
couraged to negotiate with relevant Organizations on 
updated features of the beverage container law of 
the eligible State, such as sharing new revenue from 
increased deposits. 
‘‘SEC. 12105. PRODUCT STEWARDSHIP PLANS. 
‘‘(a) IN GENERAL.—Not later than February 1, 
2022, each Organization shall submit to the Administrator 
a Product Stewardship Plan that describes how the Orga-
nization will carry out the responsibilities of the Organiza-
tion under this part. 
‘‘(b) CONTENTS.—Each Plan shall contain, at a min-
imum— 
‘‘(1) contact information for the Organization 
submitting the Plan; 
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‘‘(2) a list of participating responsible parties 
and brands covered by the applicable Program, in-
cluding organization structure for each responsible 
party; and 
‘‘(3) a description of— 
‘‘(A) each category of covered product or 
beverage sold in a beverage container covered 
by the Plan; 
‘‘(B) funding for the Organization, includ-
ing how fees will be structured and collected in 
accordance with section 12102(b)(5); 
‘‘(C) performance targets under subsection 
(g); 
‘‘(D) the means by which each type of cov-
ered product or beverage container will be col-
lected in accordance with section 12103 or 
12104, as applicable, to meet— 
‘‘(i) the consumer convenience and ge-
ographic coverage standards for collection 
under this part; and 
‘‘(ii) the performance targets under 
subsection (g); 
‘‘(E) consumer education plans in accord-
ance with section 12106; 
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‘‘(F) a customer service process, such as a 
process for answering citizen or customer ques-
tions and resolving issues; 
‘‘(G) sound management practices for 
worker health and safety; 
‘‘(H) plans for complying with design-for- 
environment and labeling requirements under 
sections 12303 and 12304, respectively; 
‘‘(I) the means by which responsible par-
ties will work with and improve existing recy-
cling, composting, litter cleanup, and disposal 
programs and infrastructure; 
‘‘(J) any plans to transition to reusable 
covered products; 
‘‘(K) the means by which the Organization 
is mitigating fraud in the applicable Program; 
‘‘(L) the means by which responsible par-
ties will consult with the Federal Government, 
State and local governments, and any other im-
portant stakeholders; and 
‘‘(M) plans for market development. 
‘‘(c) APPROVAL OR DENIAL.—Not later than 90 days 
after receiving a Plan under subsection (a), the Adminis-
trator shall— 
‘‘(1) approve or deny the Plan; and 
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‘‘(2) notify the applicable Organization of the 
determination of the Administrator under paragraph 
(1). 
‘‘(d) IMPLEMENTATION.—Beginning on August 1, 
2022, not later than 60 days after receiving a notification 
of approval of a Plan under subsection (c)(2), the applica-
ble Organization shall begin implementation of the Plan. 
‘‘(e) EXPIRATION.—A Plan— 
‘‘(1) shall expire on the date that is 5 years 
after the date on which the Plan is approved; and 
‘‘(2) may be renewed. 
‘‘(f) REVISIONS.—The Administrator may require a 
revision to a Plan before the expiration date of the Plan 
if— 
‘‘(1) the performance targets under subsection 
(g) are not being met; or 
‘‘(2) there is a change in circumstances that 
otherwise warrants a revision. 
‘‘(g) PERFORMANCE TARGETS.— 
‘‘(1) IN
GENERAL.—Each Plan shall contain 
achievable performance targets for the collection and 
recycling of the applicable covered product or bev-
erage container in accordance with section 12103 or 
12104, as applicable. 
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‘‘(2) MINIMUM
REQUIREMENTS.—Performance 
targets under paragraph (1) shall be not less than, 
by weight of covered product— 
‘‘(A) by December 31, 2027— 
‘‘(i) 65 percent of all covered prod-
ucts, except paper, reused or recycled; 
‘‘(ii) 75 percent of all beverage con-
tainers and paper covered products recy-
cled; and 
‘‘(iii) 50 percent of all industrially 
compostable covered products composted; 
and 
‘‘(B) by December 31, 2032— 
‘‘(i) 80 percent of all covered prod-
ucts, except paper, reused or recycled; 
‘‘(ii) 90 percent of all beverage con-
tainers and paper covered products recy-
cled; and 
‘‘(iii) 70 percent of all industrially 
compostable covered products composted. 
‘‘SEC. 12106. OUTREACH AND EDUCATION. 
‘‘(a) IN GENERAL.—A Program shall include the pro-
vision of outreach and education to consumers throughout 
the United States regarding— 
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‘‘(1) proper end-of-life management of covered 
products and beverage containers; 
‘‘(2) the location and availability of curbside 
and drop-off collection opportunities; 
‘‘(3) how to prevent litter of covered products 
and beverage containers; and 
‘‘(4) recycling and composting instructions that 
are— 
‘‘(A) consistent nationwide, except as nec-
essary to take into account differences among 
State and local laws; 
‘‘(B) easy to understand; and 
‘‘(C) easily accessible. 
‘‘(b) ACTIVITIES.—Outreach and education under 
subsection (a) shall— 
‘‘(1) be designed to achieve the management 
goals of covered products and beverage containers 
under this part, including the prevention of contami-
nation by covered products and beverage containers 
in other management systems or in other materials; 
‘‘(2) be coordinated across programs nationally 
to avoid confusion for consumers; and 
‘‘(3) include, at a minimum— 
‘‘(A) consulting on education, outreach, 
and communications with the advisory com-
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mittee of the applicable Organization and other 
stakeholders; 
‘‘(B) coordinating with and assisting local 
municipal programs, municipal contracted pro-
grams, solid waste collection companies, and 
other entities providing services to the Pro-
gram; 
‘‘(C) developing and providing outreach 
and education to the diverse ethnic populations 
of the United States through translated and 
culturally appropriate materials, including in- 
language and targeted outreach; 
‘‘(D) establishing consumer websites and 
mobile applications that provide information 
about methods to prevent covered product and 
beverage container pollution and how consumers 
may access and use collection services; 
‘‘(E) working with Program participants to 
label covered products and beverage containers 
with information to assist consumers in respon-
sibly managing covered product and beverage 
container waste; and 
‘‘(F) determining the effectiveness of out-
reach, education, communications, and conven-
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ience of services through periodic surveys of 
consumers. 
‘‘(c) EVALUATION.—If the Administrator determines 
that performance targets under section 12105(g) are not 
being met with respect to an Organization, the Organiza-
tion shall— 
‘‘(1) conduct an evaluation of the effectiveness 
of outreach and education efforts under this section 
to determine whether changes are necessary to im-
prove those outreach and education efforts; and 
‘‘(2) develop information that may be used to 
improve outreach and education efforts under this 
section. 
‘‘SEC. 12107. REPORTING. 
‘‘(a) IN GENERAL.—An Organization shall annually 
make available on a publicly available website a report that 
contains— 
‘‘(1) with respect to covered products or bev-
erages in beverage containers sold or imported by 
members of the Organization, a description of, at a 
minimum— 
‘‘(A) the quantity of covered products or 
beverage containers sold or imported and col-
lected, by submaterial type and State, for the 
year covered by the report and each prior year; 
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‘‘(B) management of the covered products 
or beverage containers, including recycling 
rates, by submaterial type, for the year covered 
by the report and each prior year; 
‘‘(C) data on the final destination and 
quantity of reclaimed covered products or bev-
erage containers, by submaterial type, including 
the form of any covered products or beverage 
containers exported; 
‘‘(D) contamination in the recycling stream 
of the covered products or beverage containers; 
‘‘(E) collection service vendors and collec-
tion locations, including— 
‘‘(i) the geographic distribution of col-
lection; 
‘‘(ii) distance to population centers; 
‘‘(iii) hours; 
‘‘(iv) actions taken to reduce barriers 
to collection by expanding curbside collec-
tion or facilitating drop-offs; and 
‘‘(v) frequency of collection avail-
ability; and 
‘‘(F) efforts to reduce environmental im-
pacts at each stage of the lifecycle of the cov-
ered products or beverage containers; 
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‘‘(2) the composition of the advisory committee 
for the Organization; 
‘‘(3) expenses of the Organization; 
‘‘(4) outreach and education efforts under sec-
tion 12106, including the results of those efforts; 
‘‘(5) customer service efforts and results; 
‘‘(6) performance relative to the performance 
targets of the Plan under section 12105(g); 
‘‘(7) the status of packaging innovation and de-
sign characteristics to prevent littering, make cov-
ered products or beverage containers reusable or re-
fillable, or reduce overall covered product and bev-
erage container waste; and 
‘‘(8) any other information that the Adminis-
trator determines to be appropriate. 
‘‘(b) CONSISTENCY.—Organizations shall make ef-
forts to coordinate reporting under subsection (a) to pro-
vide for consistency of information across a category of 
covered products or beverage containers. 
‘‘(c) AUDITS.—Every 2 years, the Administrator shall 
conduct an audit of collection and recycling to provide an 
accounting of the collection and recycling of covered prod-
ucts and beverage containers that are not produced by a 
responsible party or an Organization. 
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‘‘(d) REDUCTIONS IN STATE AND LOCAL TAXES.— 
Not later than February 1, 2025, and annually thereafter, 
the Administrator shall prepare and make publicly avail-
able a report describing— 
‘‘(1) the effect of this part on costs incurred by 
State and local governments for the management 
and cleanup of covered products and beverage con-
tainers; and 
‘‘(2) any reductions in State and local taxes as 
a result of any reductions of costs described in para-
graph (1). 
‘‘PART II—REDUCTION OF SINGLE-USE 
PRODUCTS 
‘‘SEC. 12201. PROHIBITION ON SINGLE-USE PLASTIC CARRY-
OUT BAGS. 
‘‘(a) DEFINITION OF SINGLE-USE PLASTIC BAG.— 
In this section: 
‘‘(1) IN GENERAL.—The term ‘single-use plastic 
bag’ means a bag that is— 
‘‘(A) made of— 
‘‘(i) plastic film; or 
‘‘(ii) woven or nonwoven nylon, poly-
propylene, polyethylene-terephthalate, or 
Tyvek in a quantity less than 80 grams 
per square meter; and 
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‘‘(B) provided by a covered retail or service 
establishment to a customer at the point of 
sale, home delivery, the check stand, cash reg-
ister, or other point of departure to a customer 
for use to transport, deliver, or carry away pur-
chases. 
‘‘(2) EXCLUSIONS.—The term ‘single-use plas-
tic bag’ does not include— 
‘‘(A) a bag that is subject to taxation 
under section 4056 of the Internal Revenue 
Code of 1986; or 
‘‘(B) a covered product that is— 
‘‘(i) used by a consumer inside a 
store— 
‘‘(I) to package bulk items, such 
as fruit, vegetables, nuts, grains, 
candy, unwrapped prepared foods or 
bakery goods, or small hardware 
items; or 
‘‘(II) to contain or wrap— 
‘‘(aa) prepackaged or non- 
prepackaged frozen foods, meat, 
or fish; or 
‘‘(bb) flowers, potted plants, 
or other items the dampness of 
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which may require the use of the 
nonhandled bag; 
‘‘(ii) a bag sold at retail in packages 
containing multiple bags intended to con-
tain garbage or pet waste; 
‘‘(iii) a newspaper bag; 
‘‘(iv) a door hanger bag; or 
‘‘(v) a laundry or dry cleaning bag. 
‘‘(b) PROHIBITION.—A covered retail or service es-
tablishment shall not provide at the point of sale a single- 
use plastic bag to a customer. 
‘‘(c) ENFORCEMENT.— 
‘‘(1) WRITTEN NOTIFICATION FOR FIRST VIO-
LATION.—If a covered retail or service establishment 
violates subsection (b), the Administrator shall pro-
vide that covered retail or service establishment with 
written notification regarding the violation of the re-
quirement under that subsection. 
‘‘(2) SUBSEQUENT VIOLATIONS.— 
‘‘(A) IN GENERAL.—If a covered retail or 
service establishment, subsequent to receiving a 
written notification described in paragraph (1), 
violates subsection (b), the Administrator shall 
fine the covered retail or service establishment 
in accordance with subparagraph (B). 
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‘‘(B) AMOUNT
OF
PENALTY.—For each 
violation during a calendar year, the amount of 
the penalty under subparagraph (A) shall be— 
‘‘(i) in the case of the first violation, 
$250; 
‘‘(ii) in the case of the second viola-
tion, $500; and 
‘‘(iii) in the case of the third violation 
or any subsequent violation, $1,000. 
‘‘(C) SEIZURE.—On a third violation or 
any subsequent violation under this paragraph 
by a covered retail or service establishment, the 
Administrator may seize any single-use plastic 
bags in the possession of the covered retail or 
service establishment. 
‘‘(D) LIMITATION.—In the case of a cov-
ered retail or service establishment the annual 
revenue of which is less than $1,000,000, a 
penalty shall not be imposed under this para-
graph more than once during any 7-day period. 
‘‘(3) STATE
ENFORCEMENT.—The Adminis-
trator may permit a State to carry out enforcement 
under this subsection if the Administrator deter-
mines that the State meets such requirements as the 
Administrator may establish. 
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‘‘(d) EFFECTIVE DATE.—The prohibition under this 
section shall take effect on January 1, 2022. 
‘‘SEC. 12202. REDUCTION OF OTHER SINGLE-USE PROD-
UCTS. 
‘‘(a) PROHIBITION ON PLASTIC UTENSILS AND PLAS-
TIC STRAWS.— 
‘‘(1) UTENSILS.—A covered retail or service es-
tablishment may not use, provide, distribute, or sell 
a plastic utensil. 
‘‘(2) PLASTIC STRAWS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), a covered retail or service 
establishment that sells food or beverages— 
‘‘(i) except as provided in clause (ii), 
may not provide a plastic straw to a cus-
tomer; 
‘‘(ii) shall provide a plastic straw to a 
customer who requests a plastic straw; 
‘‘(iii) shall provide accessible means of 
communication, across all ordering plat-
forms used by the covered retail or service 
establishment (such as online, mobile, and 
in-person), for customers to request a plas-
tic straw; and 
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‘‘(iv) shall keep in stock plastic straws 
for customers who request plastic straws. 
‘‘(B) EFFECTIVE
FUNCTIONAL
EQUIVA-
LENTS.—If the Administrator, in consultation 
with the National Council on Disability and ad-
vocates representing the disability and environ-
mental communities, determines that an effec-
tive functional equivalent to a plastic straw that 
can be recycled, composted, or disposed with 
minimal harm to the environment has been de-
veloped— 
‘‘(i) subparagraph (A) shall no longer 
apply; and 
‘‘(ii) a covered retail or service estab-
lishment may not provide a plastic straw to 
a customer. 
‘‘(C) 
EXCLUSION.—Subparagraph 
(A) 
shall not apply to the sale of plastic straws in 
bulk for home or personal use. 
‘‘(3) NONPLASTIC ALTERNATIVES.—A covered 
retail or service establishment may provide, dis-
tribute, or sell a reusable, compostable, or recyclable 
alternative to a plastic utensil or plastic straw 
only— 
‘‘(A) on request of a customer; and 
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‘‘(B) in the case of a compostable or recy-
clable alternative, if composting or recycling, as 
applicable, for the item is provided and locally 
accessible. 
‘‘(b) PROHIBITION ON OTHER SINGLE-USE PROD-
UCTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (3) and (4), a covered retail or service estab-
lishment may not sell or distribute any single-use 
product that the Administrator determines is not re-
cyclable or compostable and can be replaced by a re-
usable or refillable item. 
‘‘(2) INCLUSIONS.—In the prohibition under 
paragraph (1), the Administrator shall include— 
‘‘(A) expanded polystyrene for use in food 
service products, disposable consumer coolers, 
or shipping packaging; 
‘‘(B) single-use personal care products, 
such as miniature bottles containing shampoo, 
soap, and lotion that are provided at hotels or 
motels; 
‘‘(C) noncompostable produce stickers; and 
‘‘(D) such other products that the Admin-
istrator determines by regulation to be appro-
priate. 
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‘‘(3) EXCEPTION.—The prohibition under para-
graph (1) shall not apply to the sale or distribution 
of an expanded polystyrene cooler for medical use. 
‘‘(4) TEMPORARY WAIVER.—The Administrator 
may grant a temporary waiver of not more than 1 
year from the prohibition under paragraph (1) for 
the use of expanded polystyrene in shipping pack-
aging to protect a product of high value if a viable 
alternative to expanded polystyrene is not available. 
‘‘(c) ENFORCEMENT.— 
‘‘(1) WRITTEN NOTIFICATION FOR FIRST VIO-
LATION.—If a covered retail or service establishment 
violates subsection (a) or (b), the Administrator 
shall provide that covered retail or service establish-
ment with written notification regarding the viola-
tion of the requirement under that subsection. 
‘‘(2) SUBSEQUENT VIOLATIONS.— 
‘‘(A) IN GENERAL.—If any covered retail 
or service establishment, subsequent to receiv-
ing a written notification described in para-
graph (1), violates subsection (a) or (b), the 
Administrator shall fine the covered retail or 
service establishment in accordance with sub-
paragraph (B). 
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‘‘(B) AMOUNT
OF
PENALTY.—For each 
violation during a calendar year, the amount of 
the penalty under subparagraph (A) shall be— 
‘‘(i) in the case of the first violation, 
$250; 
‘‘(ii) in the case of the second viola-
tion, $500; and 
‘‘(iii) in the case of the third violation 
or any subsequent violation, $1,000. 
‘‘(C) SEIZURE.—On a third violation or 
any subsequent violation under this paragraph 
by a covered retail or service establishment, the 
Administrator may seize any plastic products 
prohibited under subsection (a) or (b) that are 
in the possession of the covered retail or service 
establishment. 
‘‘(D) LIMITATION.—In the case of a cov-
ered retail or service establishment the annual 
revenue of which is less than $1,000,000, a 
penalty shall not be imposed under this para-
graph more than once during any 7-day period. 
‘‘(3) STATE
ENFORCEMENT.—The Adminis-
trator may permit a State to carry out enforcement 
under this subsection if the Administrator deter-
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mines that the State meets such requirements as the 
Administrator may establish. 
‘‘(d) EFFECTIVE DATE.—The prohibition under this 
section shall take effect on January 1, 2022. 
‘‘SEC. 12203. STUDY AND ACTION ON PLASTIC TOBACCO FIL-
TERS AND ELECTRONIC CIGARETTES. 
‘‘(a) STUDY.—Not later than 2 years after the date 
of enactment of this subtitle, the Administrator, in con-
junction with the Commissioner of Food and Drugs and 
the Director of the National Institutes of Health, shall 
conduct a study on— 
‘‘(1) the environmental impacts and efficacy of 
tobacco filters made from plastic; and 
‘‘(2) the environmental impacts of electronic 
cigarettes, including disposable components of elec-
tronic cigarettes. 
‘‘(b) REPORT TO CONGRESS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date on which the study under subsection 
(a) is concluded, the Administrator, in conjunction 
with the Commissioner of Food and Drugs, shall 
submit to the committees described in paragraph (2) 
a report describing recommendations to establish a 
program to reduce litter from, and the environ-
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mental impacts of, single-use tobacco filter products 
and electronic cigarettes. 
‘‘(2) COMMITTEES.—The committees referred 
to in paragraph (1) are— 
‘‘(A) the Committee on Health, Education, 
Labor, and Pensions of the Senate; 
‘‘(B) the Committee on Environment and 
Public Works of the Senate; 
‘‘(C) 
the 
Committee 
on 
Commerce, 
Science, and Transportation of the Senate; and 
‘‘(D) the Committee on Energy and Com-
merce of the House of Representatives. 
‘‘(c) PUBLICATION.—On submission of the report 
under subsection (b)(1), the Administrator, in conjunction 
with the Commissioner of Food and Drugs, shall publish 
in the Federal Register for public comment— 
‘‘(1) the report; and 
‘‘(2) a description of the actions the Adminis-
trator and the Commissioner of Food and Drugs in-
tend to take during the 1-year period after the date 
of publication to reduce litter from, and the environ-
mental impacts of, single-use tobacco filter products 
and electronic cigarettes, including recommendations 
for incorporating plastic tobacco filters and elec-
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tronic cigarette components into an extended pro-
ducer responsibility program. 
‘‘PART III—RECYCLING AND COMPOSTING 
‘‘SEC. 12301. RECYCLING AND COMPOSTING COLLECTION. 
‘‘The Administrator, in consultation with Organiza-
tions, State and local governments, and affected stake-
holders, shall issue guidance to standardize recycling and 
composting collection across communities and States. 
‘‘SEC. 12302. REQUIREMENTS FOR THE PRODUCTION OF 
PRODUCTS 
CONTAINING 
RECYCLED 
CON-
TENT. 
‘‘(a) PLASTIC BEVERAGE CONTAINERS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the Administrator shall require each responsible 
party for plastic beverage containers to make the 
plastic beverage containers— 
‘‘(A) by 2025, of 25 percent post-consumer 
recycled content from United States sources; 
‘‘(B) by 2030, of 30 percent post-consumer 
recycled content from United States sources; 
‘‘(C) by 2035, of 50 percent post-consumer 
recycled content from United States sources; 
‘‘(D) by 2040, of 80 percent post-consumer 
recycled content from United States sources; 
and 
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‘‘(E) by such dates thereafter as the Ad-
ministrator shall establish, such percentages of 
post-consumer recycled content from United 
States sources as the Administrator determines 
by a rule to be appropriate. 
‘‘(2) ADJUSTMENT.—After consideration of the 
results of the study under subsection (b)(1), the Ad-
ministrator may issue regulations to modify one or 
more of the percentages described in subparagraphs 
(A) through (D) of paragraph (1). 
‘‘(b) OTHER COVERED PRODUCTS AND BEVERAGE 
CONTAINERS.— 
‘‘(1) STUDY.—The Administrator, in coordina-
tion with the Director of the National Institute of 
Standards and Technology, the Commissioner of 
Food and Drugs, and the head of any other relevant 
Federal agency, shall carry out a study to determine 
the technical and safe minimum post-consumer recy-
cled content requirements for covered products and 
beverage containers, including beverage containers 
composed of glass, aluminum, and other materials. 
‘‘(2) REPORT.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this subtitle, the 
Administrator shall submit to Congress a report 
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describing the results of the study under para-
graph (1), including— 
‘‘(i) an estimate of the current and 
projected consumption of covered products 
and use of beverage containers in the 
United States; 
‘‘(ii) an estimate of current and pro-
jected future recycling rates of covered 
products and beverage containers in the 
United States; 
‘‘(iii) an assessment of techniques and 
recommendations to minimize the creation 
of new materials for covered products and 
beverage containers; and 
‘‘(iv) an assessment of— 
‘‘(I) post-consumer recycled con-
tent standards for covered products 
and beverage containers that are tech-
nologically feasible; and 
‘‘(II) the impact of the standards 
described in subclause (I) on recycling 
rates of covered products and bev-
erage containers. 
‘‘(B) PUBLICATION.—On submission of the 
report under subparagraph (A) to Congress, the 
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Administrator shall publish in the Federal Reg-
ister for public comment— 
‘‘(i) the report; and 
‘‘(ii) a description of the actions the 
Administrator intends to take during the 
1-year period after the date of publication 
in the Federal Register to establish min-
imum 
post-consumer 
recycled 
content 
standards for covered products and bev-
erage containers. 
‘‘(3) MINIMUM STANDARDS.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the Administrator publishes the report 
under paragraph (2)(B), the Administrator 
shall establish minimum post-consumer recycled 
content standards for covered products and bev-
erage containers. 
‘‘(B) REQUIREMENT.—The standards es-
tablished under subparagraph (A) shall increase 
the percentage by which covered products and 
beverage containers shall be composed of post- 
consumer recycled content over a time period 
established by the Administrator. 
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‘‘SEC. 12303. DESIGNING FOR THE ENVIRONMENT. 
‘‘(a) IN GENERAL.—The Administrator shall require 
each responsible party of covered products and beverage 
containers to design the covered products and beverage 
containers to minimize the environmental and health im-
pacts of the covered products and beverage containers. 
‘‘(b) REQUIREMENTS.—In designing covered prod-
ucts and beverage containers in accordance with sub-
section (a), to minimize the impacts of extraction, manu-
facture, use, and end-of-life management, a responsible 
party shall consider— 
‘‘(1) eliminating or reducing the quantity of 
material used; 
‘‘(2) eliminating toxic substances; 
‘‘(3) designing for reuse, refill, and lifespan ex-
tension; 
‘‘(4) incorporating recycled materials; 
‘‘(5) designing to reduce environmental impacts 
across the lifecycle of a product; 
‘‘(6) incorporating sustainably and renewably 
sourced material; 
‘‘(7) optimizing material to use the minimum 
quantity of packaging necessary to effectively deliver 
a product without damage or spoilage; 
‘‘(8) degradability of materials in cold-water en-
vironments; and 
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‘‘(9) improving recyclability and compostability. 
‘‘SEC. 12304. PRODUCT LABELING. 
‘‘(a) IN GENERAL.—A responsible party shall include 
labels on covered products and beverage containers that— 
‘‘(1) are easy to read; 
‘‘(2) indicate that the covered product or bev-
erage container is— 
‘‘(A) recyclable; 
‘‘(B) not recyclable; 
‘‘(C) compostable; or 
‘‘(D) reusable; 
‘‘(3) in the case of a covered product or bev-
erage container that is not recyclable, does not in-
clude the universal chasing arrows recycling symbol 
or any other similar symbol that would lead a con-
sumer to believe that the item should be sorted for 
recycling; 
‘‘(4) in the case of a plastic bag that is not 
compostable, is not tinted green or brown; 
‘‘(5) in the case of a compostable bag, is tinted 
green or brown and includes information identifying 
the entity designated by the Administrator that has 
certified that the product is compostable; and 
‘‘(6) in the case of a covered product or bev-
erage container that is compostable, includes a green 
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or brown stripe or similar marking to identify that 
the item is compostable. 
‘‘(b) STANDARDIZED LABELS.—The Administrator 
shall establish or approve a standardized label for each 
category of covered product and beverage container to be 
used by responsible parties under subsection (a). 
‘‘(c) REQUIREMENT.—A label described in subsection 
(a), including a shrink sleeve— 
‘‘(1) shall be compatible with the intended 
method of discard for the covered product or bev-
erage container; and 
‘‘(2) shall not require removal by consumers. 
‘‘(d) COMPATIBILITY.—The Administrator shall en-
courage label manufacturers, in coordination with the sup-
ply chains of those manufacturers, including substrate 
suppliers, converters, and ink suppliers, to work with the 
recycling industry to address label recycling compatibility 
challenges. 
‘‘(e) WET WIPES.—With respect to the label de-
scribed in subsection (a) for a wet wipe product— 
‘‘(1) in the case of a wet wipe product sold in 
the United States that is intended to be disposed of 
in the solid waste stream, the label shall include— 
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‘‘(A) on the front of the package near the 
dispensing point, the statement ‘Do Not Flush’; 
and 
‘‘(B) in high contrast font and color, a ‘Do 
Not Flush’ moniker and symbol that is other-
wise in accordance with the voluntary guidelines 
for labeling practices of the nonwoven fabrics 
industry contained in the Code of Practice of 
the Association of the Nonwoven Fabrics Indus-
try 
and 
the 
European 
Disposables 
and 
Nonwovens 
Association, 
entitled 
‘Commu-
nicating Appropriate Disposal Pathways for 
Nonwoven Wipes to Protect Wastewater Sys-
tems’, second edition, as published in April 
2017; 
‘‘(2) in the case of a wet wipe product sold in 
the United States that is labeled with a claim that 
the product is ‘flushable’, ‘sewer and septic safe’, or 
any other claim that indicates that the product is in-
tended to be disposed of in a sewer or septic sys-
tem— 
‘‘(A) the label may include the statement 
‘flushable’, ‘sewer and septic safe’, or other 
statement that the product is intended to be 
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disposed of in a sewer or septic system if the 
product— 
‘‘(i) meets the performance standards 
for dispersibility in a sewer system or sep-
tic system established by the International 
Water Services Flushability Group (as in 
effect on the date of enactment of this sub-
title); and 
‘‘(ii) does not contain chemicals or ad-
ditives harmful to the public wastewater 
infrastructure; and 
‘‘(3) in the case of a wet wipe product that is 
composed of plastic or other synthetic material, in-
cluding regenerated cellulosic fibers— 
‘‘(A) the label, marketing claims, or other 
advertisements for the product may not identify 
the product as intended for disposal in a sewer 
or septic system; and 
‘‘(B) the label shall clearly and conspicu-
ously state that the product contains plastic or 
other synthetic material. 
‘‘SEC. 12305. RECYCLING AND COMPOSTING RECEPTACLE 
LABELING. 
‘‘(a) PURPOSE.—The purpose of this section is to es-
tablish guidelines for a national standardized labeling sys-
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tem for the development of labels for recycling and 
composting receptacles that use a methodology that is con-
sistent throughout the United States to assist members 
of the public in properly recycling and composting. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) PUBLIC SPACE.—The term ‘public space’ 
means a business, an airport, a school, a stadium, 
a government office, a park, and any other public 
space, as determined by the Administrator. 
‘‘(2) RECYCLING
OR
COMPOSTING
RECEP-
TACLE.—The term ‘recycling or composting recep-
tacle’ means a recycling or composing bin, cart, or 
dumpster. 
‘‘(3) 
RESIDENTIAL
RECYCLING
AND 
COMPOSTING PROGRAM.—The term ‘residential recy-
cling and composting program’ means a recycling 
and composting program that services single family 
dwellings, multifamily dwellings or facilities, or both. 
‘‘(c) GUIDELINES.—The Administrator shall develop 
and publish guidelines for a national standardized labeling 
system for an Organization to use to develop labels that— 
‘‘(1) use a national standardized methodology 
of colors, images, format, and terminology, including 
to address diverse ethnic populations; 
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‘‘(2) shall be placed on recycling and compost-
ing receptacles in public spaces and the service area 
of the Organization in accordance with paragraphs 
(1)(D) and (2) of subsection (e); and 
‘‘(3) communicate to users of those recycling 
and composting receptacles— 
‘‘(A) the specific recyclables and compost-
ables that the Organization accepts; and 
‘‘(B) the specific rules of sorting for that 
Organization. 
‘‘(d) DEVELOPMENT OF LABELS.— 
‘‘(1) IN GENERAL.—Each Organization in the 
United States shall, in accordance with the guide-
lines published under subsection (c), use the national 
standardized labeling system to develop labels for 
use on recycling and composting receptacles in pub-
lic spaces and the service area of the Organization 
to communicate to users of those recycling and 
composting receptacles— 
‘‘(A) the specific recyclables and compost-
ables that the Organization accepts; and 
‘‘(B) the specific rules of sorting for that 
Organization. 
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‘‘(2) SIMPLE AND DETAILED VERSIONS.—In de-
veloping labels under paragraph (1), an Organiza-
tion shall develop— 
‘‘(A) a simple version of the label for use 
on recycling and composting receptacles used in 
public spaces, which shall list the basic 
recyclables and compostables that the Organiza-
tion accepts; and 
‘‘(B) a detailed version of the label for use 
on recycling and composting receptacles used as 
part of a residential recycling and composting 
program, taking into consideration the com-
plexity of the packaging and products disposed 
of by single family dwellings and multifamily 
dwellings and facilities. 
‘‘(e) DISTRIBUTION OF LABELS.— 
‘‘(1) SIMPLE VERSION.— 
‘‘(A) IN GENERAL.—An Organization shall 
distribute the simple version of the label devel-
oped by that Organization under subsection 
(d)(2)(A) to each customer of that Organization 
that owns or operates a public space in the 
service area of the Organization. 
‘‘(B) QUANTITY.—The quantity of labels 
distributed to an owner or operator of a public 
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space under subparagraph (A) shall be reason-
ably sufficient to ensure that a label may be 
placed on each recycling and composting recep-
tacle in that public space. 
‘‘(C) ADDITIONAL LABELS.—If the quan-
tity of labels distributed under subparagraph 
(B) is insufficient, an Organization shall make 
available to owners and operators described in 
subparagraph (A) additional labels to purchase 
or download. 
‘‘(D) REQUIREMENT OF OWNERS AND OP-
ERATORS.—An owner or operator of a public 
space that receives labels under subparagraph 
(A) shall display the labels on the recycling and 
composting receptacles in that public space. 
‘‘(2) DETAILED VERSION.—An Organization or 
municipality, as applicable, that services a residen-
tial recycling and composting program in the area 
served by an Organization shall display a detailed 
standardized label developed by that Organization 
under subsection (d)(2)(B) on each recycling and 
composting receptacle used by the residential recy-
cling and composting program. 
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‘‘SEC. 12306. PROHIBITION ON CERTAIN EXPORTS OF 
WASTE. 
‘‘No person may export from the United States plas-
tic waste, plastic parings, or scraps of plastic— 
‘‘(1) to a country that is not a member of the 
Organization for Economic Cooperation and Devel-
opment; 
‘‘(2) without the prior informed consent of the 
relevant authorities in a receiving country that is a 
member of the Organization for Economic Coopera-
tion and Development, if those exports— 
‘‘(A) are not of a single, nonhalogenated 
plastic polymer; or 
‘‘(B) are contaminated with greater than 
0.5 percent of— 
‘‘(i) other plastics; or 
‘‘(ii) other materials, including— 
‘‘(I) labels, adhesives, varnishes, 
waxes, inks, and paints; and 
‘‘(II) composite materials mixing 
plastics with nonplastic materials; or 
‘‘(3) that are contaminated with hazardous 
chemicals, toxic substances, or substances to the ex-
tent that the export becomes hazardous waste. 
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‘‘PART IV—LOCAL GOVERNMENT EFFORTS 
‘‘SEC. 12401. PROTECTION OF LOCAL GOVERNMENTS. 
‘‘Nothing in this subtitle or section 4056 of the Inter-
nal Revenue Code of 1986 preempts any State or local 
law in effect on or after the date of enactment of this sub-
title that— 
‘‘(1) requires the collection and recycling of 
recyclables in a greater quantity than required under 
section 12105(g); 
‘‘(2) prohibits the sale or distribution of prod-
ucts that are not prohibited under part II; 
‘‘(3) requires products to be made of a greater 
percentage of post-consumer recycled content than 
required under section 12302; 
‘‘(4) imposes a fee or other charge for products 
not subject to taxation under section 4056 of the In-
ternal Revenue Code of 1986; or 
‘‘(5) in any way exceeds the requirements of 
this subtitle. 
‘‘SEC. 12402. CLEAN COMMUNITIES PROGRAM. 
‘‘The Administrator shall establish a program, to be 
known as the ‘Clean Communities Program’, under which 
the Administrator shall leverage smart technology and so-
cial media to provide technical assistance to units of local 
government of States in cost-effectively— 
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‘‘(1) identifying concentrated areas of pollution 
in that unit of local government; and 
‘‘(2) implementing source reduction solutions. 
‘‘PART V—FISHING GEAR 
‘‘SEC. 12501. STUDY AND ACTION ON DERELICT FISHING 
GEAR. 
‘‘(a) REPORT.—Not later than 2 years after the date 
of enactment of this subtitle, the Under Secretary of Com-
merce for Oceans and Atmosphere (referred to in this sec-
tion as the ‘Under Secretary’) shall submit to the Com-
mittee on Commerce, Science, and Transportation and the 
Committee on Environment and Public Works of the Sen-
ate and the Committee on Natural Resources of the House 
of Representatives a report that includes— 
‘‘(1) an analysis of the scale of fishing gear 
losses by United States and foreign fisheries, includ-
ing— 
‘‘(A) the variance in the quantity of gear 
lost among— 
‘‘(i) domestic and foreign fisheries; 
‘‘(ii) types of fishing gear; and 
‘‘(iii) methods of fishing; 
‘‘(B) the means by which lost fishing gear 
is transported by ocean currents; and 
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‘‘(C) common reasons that fishing gear is 
lost; 
‘‘(2) an evaluation of the ecological, human 
health, and maritime safety impacts of derelict fish-
ing gear, and how those impacts vary across— 
‘‘(A) types of fishing gear; 
‘‘(B) materials used to construct fishing 
gear; and 
‘‘(C) geographic location; 
‘‘(3) recommendations on management meas-
ures— 
‘‘(A) to prevent fishing gear losses; and 
‘‘(B) to reduce the impacts of lost fishing 
gear; 
‘‘(4) an assessment of the cost of implementing 
management measures described in paragraph (3); 
and 
‘‘(5) an assessment of the impact of fishing 
gear loss attributable to foreign countries. 
‘‘(b) PUBLICATION.—On submission of the report 
under subsection (a), the Under Secretary shall publish 
in the Federal Register for public comment— 
‘‘(1) the report; and 
‘‘(2) a description of the actions the Under Sec-
retary intends to take during the 1-year period after 
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the date of publication to reduce litter from, and the 
environmental impacts of, commercial fishing gear.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Solid Waste Disposal Act (Public Law 89–272; 79 
Stat. 997) is amended by inserting after the item relating 
to section 11011 the following: 
‘‘Subtitle K—Producer Responsibility for Products and Packaging 
‘‘Sec. 12001. Definitions. 
‘‘PART I—PRODUCTS IN THE MARKETPLACE 
‘‘Sec. 12101. Extended producer responsibility. 
‘‘Sec. 12102. Producer Responsibility Organizations. 
‘‘Sec. 12103. Covered product management. 
‘‘Sec. 12104. National beverage container program. 
‘‘Sec. 12105. Product Stewardship Plans. 
‘‘Sec. 12106. Outreach and education. 
‘‘Sec. 12107. Reporting. 
‘‘PART II—REDUCTION OF SINGLE-USE PRODUCTS 
‘‘Sec. 12201. Prohibition on single-use plastic carryout bags. 
‘‘Sec. 12202. Reduction of other single-use products. 
‘‘Sec. 12203. Study and action on plastic tobacco filters and electronic ciga-
rettes. 
‘‘PART III—RECYCLING AND COMPOSTING 
‘‘Sec. 12301. Recycling and composting collection. 
‘‘Sec. 12302. Requirements for the production of products containing recycled 
content. 
‘‘Sec. 12303. Designing for the environment. 
‘‘Sec. 12304. Product labeling. 
‘‘Sec. 12305. Recycling and composting receptacle labeling. 
‘‘Sec. 12306. Prohibition on certain exports of waste. 
‘‘PART IV—LOCAL GOVERNMENT EFFORTS 
‘‘Sec. 12401. Protection of local governments. 
‘‘Sec. 12402. Clean Communities Program. 
‘‘PART V—FISHING GEAR 
‘‘Sec. 12501. Study and action on derelict fishing gear.’’. 
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SEC. 3. IMPOSITION OF TAX ON CARRYOUT BAGS. 
(a) GENERAL RULE.—Chapter 31 of the Internal 
Revenue Code of 1986 is amended by inserting after sub-
chapter C the following new subchapter: 
‘‘Subchapter D—Carryout Bags 
‘‘Sec. 4056. Imposition of tax. 
‘‘SEC. 4056. IMPOSITION OF TAX. 
‘‘(a) GENERAL RULE.—There is hereby imposed on 
any retail sale a tax on each carryout bag provided to a 
customer by an applicable entity. 
‘‘(b) AMOUNT OF TAX.—The amount of tax imposed 
by subsection (a) shall be $0.10 per carryout bag. 
‘‘(c) LIABILITY
FOR TAX.—The applicable entity 
shall be liable for the tax imposed by this section. 
‘‘(d) DEFINITIONS.—For purposes of this section— 
‘‘(1) APPLICABLE ENTITY.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘applicable entity’ means— 
‘‘(i) any restaurant (as defined in sec-
tion 12001 of the Solid Waste Disposal 
Act), or 
‘‘(ii) any business which— 
‘‘(I) sells food, alcohol, or any 
other good or product to the public at 
retail, or 
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‘‘(II) elects to comply with the 
requirements under this section. 
‘‘(B) EXCEPTION.— 
‘‘(i) IN
GENERAL.—For purposes of 
this section, the term ‘applicable entity’ 
shall not include any entity described in 
subparagraph (A) if the State, or any local 
government or political subdivision thereof, 
in which such entity is located has been 
granted a waiver pursuant to clause (ii). 
‘‘(ii) WAIVER.—The Secretary shall 
prescribe rules providing for the waiver of 
application of this section with respect to 
any State, or any local government or po-
litical subdivision thereof, which has en-
acted a tax or fee on the provision of car-
ryout bags which is similar to the tax im-
posed under this section. 
‘‘(2) CARRYOUT BAG.— 
‘‘(A) IN
GENERAL.—The term ‘carryout 
bag’ means a bag of any material that is pro-
vided to a consumer at the point of sale to 
carry or cover purchases, merchandise, or other 
items. 
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‘‘(B) EXCEPTIONS.—Such term shall not 
include any product described in section 
12201(a)(2)(B)(ii) of the Solid Waste Disposal 
Act. 
‘‘(e) BAG TAX STATED SEPARATELY ON RECEIPT.— 
The tax imposed by subsection (a) shall be separately stat-
ed on the receipt of sale provided to the customer. 
‘‘(f) EXCEPTIONS.—The tax imposed under sub-
section (a) shall not apply to any carryout bag that is pro-
vided to a customer as part of a transaction in which the 
customer is purchasing any item using benefits received 
under the supplemental nutrition assistance program es-
tablished under the Food and Nutrition Act of 2008 (7 
U.S.C. 2011 et seq.) or the supplemental nutrition pro-
gram for women, infants, and children authorized under 
section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 
1786). 
‘‘(g) PENALTIES.— 
‘‘(1) WRITTEN NOTIFICATION FOR FIRST VIO-
LATION.—If any applicable entity fails to collect the 
tax imposed under subsection (a) or satisfy the re-
quirements under subsection (e), the Secretary shall 
provide such entity with written notification regard-
ing the violation of the requirements under such 
subsections. 
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‘‘(2) SUBSEQUENT VIOLATIONS.— 
‘‘(A) IN GENERAL.—If any applicable enti-
ty, subsequent to receiving a written notifica-
tion described in paragraph (1), fails to collect 
the tax imposed under subsection (a) or satisfy 
the requirements under subsection (e), such en-
tity shall pay a penalty in addition to the tax 
imposed under this section. 
‘‘(B) AMOUNT
OF
PENALTY.—For each 
violation during a calendar year, the amount of 
the penalty under subparagraph (A) shall be— 
‘‘(i) in the case of the first violation, 
$250, 
‘‘(ii) in the case of the second viola-
tion, $500, and 
‘‘(iii) in the case of the third violation 
or any subsequent violation, $1,000. 
‘‘(C) LIMITATION.—In the case of any ap-
plicable entity with less than $1,000,000 in 
total revenue for the year preceding the imposi-
tion of any penalty under this paragraph, any 
such penalty may not be imposed under this 
paragraph more than once during any 7-day pe-
riod. 
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‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec-
tion or any regulations promulgated under this section 
shall preempt, limit, or supersede, or be interpreted to pre-
empt, limit, or supersede— 
‘‘(1) any law or regulation relating to any tax 
or fee on carryout bags which is imposed by a State 
or local government entity, or any political subdivi-
sion, agency, or instrumentality thereof, or 
‘‘(2) any additional fees imposed by any appli-
cable entity on carryout bags provided to its cus-
tomers.’’. 
(b) CARRYOUT BAG CREDIT PROGRAM.—Subchapter 
B of chapter 65 of such Code is amended by adding at 
the end the following new section: 
‘‘SEC. 6431. CARRYOUT BAG CREDIT PROGRAM. 
‘‘(a) ALLOWANCE OF CREDIT.—If— 
‘‘(1) tax has been imposed under section 4056 
on any carryout bag, 
‘‘(2) an applicable entity provides such bag to 
a customer in a point of sale transaction, and 
‘‘(3) such entity has kept and can produce 
records for purposes of this section and section 4056 
that include— 
‘‘(A) the total number of carryout bags 
provided to customers for which the tax was im-
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posed under section 4056(a) and the amounts 
passed through to customers for such bags pur-
suant to section 4056(e), and 
‘‘(B) the total number of bags for which a 
refund was provided to customers pursuant to 
a carryout bag credit program, 
the Secretary shall pay (without interest) to such entity 
an amount equal to the applicable amount for each bag 
provided by such entity in connection with a point of sale 
transaction. 
‘‘(b) APPLICABLE AMOUNT.—For purposes of sub-
section (a), the applicable amount is an amount equal to— 
‘‘(1) in the case of an applicable entity that has 
established a carryout bag credit program, $0.10, 
and 
‘‘(2) in the case of an applicable entity that has 
not established a carryout bag credit program, 
$0.04. 
‘‘(c) CARRYOUT BAG CREDIT PROGRAM.—For pur-
poses of this section, the term ‘carryout bag credit pro-
gram’ means a program established by an applicable entity 
which— 
‘‘(1) for each bag provided by the customer to 
package any items purchased from the applicable en-
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tity, such entity refunds such customer $0.05 for 
each such bag from the total cost of their purchase, 
‘‘(2) separately states the amount of such re-
fund on the receipt of sale provided to the customer, 
and 
‘‘(3) prominently advertises such program at 
each entrance and checkout register of the applicable 
entity. 
‘‘(d) DEFINITIONS.—For purposes of this section, the 
terms ‘applicable entity’ and ‘carryout bag’ have the same 
meanings given such terms under section 4056(d).’’. 
(c) ESTABLISHMENT OF TRUST FUND.—Subchapter 
A of chapter 98 of such Code is amended by adding at 
the end the following: 
‘‘SEC. 9512. RECYCLING AND LITTER CLEANUP TRUST 
FUND. 
‘‘(a) CREATION OF TRUST FUND.—There is estab-
lished in the Treasury of the United States a trust fund 
to be known as the ‘Recycling and Litter Cleanup Trust 
Fund’ (referred to in this section as the ‘Trust Fund’), 
consisting of such amounts as may be appropriated or 
credited to the Trust Fund as provided in this section or 
section 9602(b). 
‘‘(b) TRANSFERS TO TRUST FUND.—There is hereby 
appropriated to the Trust Fund an amount equivalent to 
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the amounts received in the Treasury pursuant to section 
4056. 
‘‘(c) EXPENDITURES FROM TRUST FUND.—Amounts 
in the Trust Fund shall be available, as provided by appro-
priation Acts, for— 
‘‘(1) making payments under section 6431, and 
‘‘(2) making grants for— 
‘‘(A) reusable carryout bags, and 
‘‘(B) recycling, reuse, and composting in-
frastructure and litter cleanup.’’. 
(d) STUDY.—Not later than the date which is 18 
months after the date of enactment of this Act, the Comp-
troller General of the United States shall conduct a study 
on the effectiveness of sections 4056, 6431, and 9512 of 
the Internal Revenue Code of 1986 (as added by this Act) 
at reducing the use of carryout bags and encouraging the 
use of reusable bags. The report shall address— 
(1) the use of plastic or paper single-use carry-
out bags during the period preceding the enactment 
of such sections; 
(2) the effect of such sections on the citizens 
and residents of the United States, including— 
(A) the percentage reduction in the use of 
plastic or paper single-use carryout bags as a 
result of the enactment of such sections; 
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(B) the opinion among citizens and resi-
dents of the United States regarding the effect 
of such sections, disaggregated by race and in-
come level; and 
(C) the amount of substitution between 
other types of plastic bags for single-use carry-
out bags; 
(3) measures that the Comptroller General de-
termines may increase the effectiveness of such sec-
tions, including the amount of tax imposed on each 
carryout bag; and 
(4) any effects, both positive and negative, on 
United States businesses as a result of the enact-
ment of such sections, including costs, storage space, 
and changes in paper bag usage. 
The Comptroller General shall submit a report of such 
study to the Committee on Ways and Means of the House 
of Representatives and the Committee on Finance of the 
Senate. 
(e) CLERICAL AMENDMENTS.— 
(1) The table of subchapters for chapter 31 of 
such Code is amended by inserting after the item re-
lating to subchapter C the following new item: 
‘‘SUBCHAPTER D. CARRYOUT BAGS’’. 
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100 
(2) The table of sections for subchapter B of 
chapter 65 of such Code is amended by adding at 
the end the following new item: 
‘‘Sec. 6431. Carryout bag credit program.’’. 
(3) The table of sections for subchapter A of 
chapter 98 of such Code is amended by adding at 
the end the following new item: 
‘‘Sec. 9512. Recycling and litter cleanup trust fund.’’. 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on January 1, 2022. 
SEC. 4. CLEAN AIR, CLEAN WATER, AND ENVIRONMENTAL 
JUSTICE. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) COVERED
FACILITY.—The term ‘‘covered 
facility’’ means— 
(A) an industrial facility that transforms 
natural gas liquids into ethylene and propylene 
for later conversion into plastic polymers; 
(B) a plastic polymerization or polymer 
production facility; and 
(C) an industrial facility that repolymerizes 
plastic polymers into chemical feedstocks for 
use in new products or as fuel. 
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101 
(3) COVERED PRODUCTS.—The term ‘‘covered 
plastic’’ means— 
(A) ethylene; 
(B) propylene; 
(C) polyethylene in any form (including 
pellets, resin, nurdle, powder, and flakes); 
(D) polypropylene in any form (including 
pellets, resin, nurdle, powder, and flakes); 
(E) polyvinyl chloride in any form (includ-
ing pellets, resin, nurdle, powder, and flakes); 
or 
(F) other plastic polymer raw materials in 
any form (including pellets, resin, nurdle, pow-
der, and flakes). 
(4) ENVIRONMENTAL JUSTICE.—The term ‘‘en-
vironmental justice’’ means the fair treatment and 
meaningful involvement of all individuals, regardless 
of race, color, national origin, educational level, or 
income, with respect to the development, implemen-
tation, and enforcement of environmental laws, regu-
lations, and policies to ensure that— 
(A) communities of color, indigenous com-
munities, and low-income communities have ac-
cess to public information and opportunities for 
meaningful public participation with respect to 
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102 
human health and environmental planning, reg-
ulations, and enforcement; 
(B) no community of color, indigenous 
community, or low-income community is ex-
posed to a disproportionate burden of the nega-
tive human health and environmental impacts 
of pollution or other environmental hazards; 
and 
(C) the 17 principles described in the docu-
ment entitled ‘‘The Principles of Environmental 
Justice’’, written and adopted at the First Na-
tional People of Color Environmental Leader-
ship Summit held on October 24 through 27, 
1991, in Washington, DC, are upheld. 
(5) 
FENCELINE
MONITORING.—The 
term 
‘‘fenceline monitoring’’ means continuous, real-time 
monitoring of ambient air quality around the entire 
perimeter of a facility. 
(6) FRONTLINE COMMUNITY.— 
(A) IN
GENERAL.—The term ‘‘frontline 
community’’ means a community located near a 
covered facility that has experienced systemic 
socioeconomic disparities or other forms of in-
justice. 
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103 
(B) INCLUSIONS.—The term ‘‘frontline 
community’’ includes a low-income community, 
a community that includes indigenous peoples, 
and a community of color. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Army, acting through the Chief 
of Engineers. 
(8) SINGLE-USE PLASTIC.— 
(A) IN GENERAL.—The term ‘‘single-use 
plastic’’ means a plastic product or packaging 
that is routinely disposed of, recycled, or other-
wise discarded after a single use. 
(B) EXCLUSIONS.—The term ‘‘single-use 
plastic’’ does not include— 
(i) medical food, supplements, devices, 
or other products determined by the Sec-
retary of Health and Human Services to 
necessarily be made of plastic for the pro-
tection of public health; or 
(ii) packaging that is— 
(I) for any product described in 
clause (i); or 
(II) used for the shipment of 
hazardous materials that is prohibited 
from being composed of used mate-
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104 
rials under section 178.509 or section 
178.522 of title 49, Code of Federal 
Regulations (as in effect on the date 
of enactment of this Act). 
(9) TEMPORARY
PAUSE
PERIOD.—The term 
‘‘temporary pause period’’ means the period— 
(A) beginning on the date of enactment of 
this Act; and 
(B) ending on the date that is the first 
date on which all regulations required under 
subsections (d) and (e) are in effect. 
(10) ZERO-EMISSIONS
ENERGY.—The term 
‘‘zero-emissions energy’’ means renewable energy the 
production of which emits no greenhouse gases at 
the production source. 
(b) TEMPORARY
PAUSE.—During the temporary 
pause period, notwithstanding any other provision of 
law— 
(1) the Administrator shall not issue a new per-
mit for a covered facility under— 
(A) the Clean Air Act (42 U.S.C. 7401 et 
seq.); or 
(B) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); 
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105 
(2) the Secretary shall not issue a new permit 
for a covered facility under section 404 of the Fed-
eral Water Pollution Control Act (33 U.S.C. 1344); 
(3) the Administrator shall object in writing 
under subsections (b) and (c) of section 505 of the 
Clean Air Act (42 U.S.C. 7661d) or section 
402(d)(2) of the Federal Water Pollution Control 
Act (33 U.S.C. 1342(d)(2)), as applicable, to any 
new permit issued to a covered facility by a State 
agency delegated authority under the Clean Air Act 
(42 U.S.C. 7401 et seq.) or the Federal Water Pol-
lution Control Act (33 U.S.C. 1251 et seq.); and 
(4) subject to subsection (g), the export of cov-
ered products is prohibited. 
(c) STUDY.— 
(1) IN GENERAL.— 
(A) 
AGREEMENT.—The 
Administrator 
shall offer to enter into an agreement with the 
National Academy of Sciences and the National 
Institutes of Health to conduct a study of— 
(i) the existing and planned expansion 
of the industry of the producers of covered 
products, including the entire supply chain, 
end uses, disposal fate, and lifecycle im-
pacts of covered products; 
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106 
(ii) the environmental justice and pol-
lution impacts of covered facilities and the 
products of covered facilities; 
(iii) the existing standard technologies 
and practices of covered facilities with re-
spect to the discharge and emission of pol-
lutants into the environment; and 
(iv) the best available technologies 
and practices that reduce or eliminate the 
environmental justice and pollution im-
pacts of covered facilities and the products 
of covered facilities. 
(B) FAILURE TO ENTER AGREEMENT.—If 
the Administrator fails to enter into an agree-
ment described in subparagraph (A), the Ad-
ministrator shall conduct the study described in 
that subparagraph. 
(2) REQUIREMENTS.—The study under para-
graph (1) shall— 
(A) consider— 
(i) the direct, indirect, and cumulative 
environmental impacts of the industries of 
covered facilities to date; and 
(ii) the impacts of the planned expan-
sion of those industries, including local, re-
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107 
gional, national, and international air, 
water, waste, climate change, public health, 
and environmental justice impacts of those 
industries; and 
(B) recommend technologies, standards, 
and practices to remediate or eliminate the 
local, regional, national, and international air, 
water, waste, climate change, public health, and 
environmental justice impacts of covered facili-
ties and the industries of covered facilities. 
(3) REPORT.—Not later than 18 months after 
the date of enactment of this Act, the Administrator 
shall submit to Congress a report describing the re-
sults of the study under paragraph (1). 
(d) CLEAN AIR.— 
(1) TIMELY
REVISION
OF
EMISSIONS
STAND-
ARDS.—Section 111(b)(1)(B) of the Clean Air Act 
(42 U.S.C. 7411(b)(1)(B)) is amended by striking 
the fifth sentence. 
(2) NATIONAL SOURCE PERFORMANCE STAND-
ARDS IMPLEMENTATION IMPROVEMENTS.— 
(A) ZERO-EMISSIONS ENERGY.—Not later 
than 3 years after the date of enactment of this 
Act, the Administrator shall promulgate a final 
rule requiring that— 
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108 
(i) covered facilities that manufacture 
olefins, including ethylene and propylene, 
use only zero-emissions energy sources, ex-
cept to the extent that waste gases are re-
cycled; and 
(ii) covered facilities that manufacture 
low-density polyethylene, linear low-density 
polyethylene, 
high-density 
polyethylene, 
styrene, vinyl chloride, or synthetic organic 
fibers use only zero-emissions energy 
sources, except to the extent that waste 
gases are recycled, unless the Adminis-
trator— 
(I) determines that under certain 
conditions (such as during the com-
mencement or shut down of produc-
tion at a covered facility), expendi-
tures of energy that are not from 
zero-emissions energy sources are re-
quired; and 
(II) publishes the determination 
under subclause (I) and a proposed 
mixture of zero-emissions energy and 
non-zero-emissions energy for those 
conditions in a rulemaking. 
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109 
(B) NEW SOURCE PERFORMANCE STAND-
ARDS
FOR
CERTAIN
FACILITIES.—Not later 
than 3 years after the date of enactment of this 
Act, the Administrator shall promulgate a final 
rule— 
(i) designating ethylene, propylene, 
polyethylene, and polypropylene production 
facilities as a category of stationary source 
under section 111(b)(1)(A) of the Clean 
Air Act (42 U.S.C. 7411(b)(1)(A)); and 
(ii) establishing new source perform-
ance standards for the category of sta-
tionary source designated under clause (i) 
under section 111(f)(1) of the Clean Air 
Act (42 U.S.C. 7411(f)(1)). 
(C) STORAGE
VESSELS
FOR
COVERED 
PRODUCTS.—Not later than 3 years after the 
date of enactment of this Act, the Adminis-
trator shall promulgate a final rule modifying 
section 60.112b(a) of title 40, Code of Federal 
Regulations (as in effect on the date of enact-
ment of this Act), to ensure that an owner or 
operator of a storage vessel containing liquid 
with a vapor pressure of equal to or more than 
5 millimeters of mercury under actual storage 
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conditions that is regulated under that section 
uses— 
(i) an internal floating roof tank con-
nected to a volatile organic compound con-
trol device; or 
(ii) a fixed-roof tank connected to a 
volatile organic compound control device. 
(D) FLARING.—Not later than 30 days 
after the date of enactment of this Act, the Ad-
ministrator shall promulgate a final rule— 
(i) modifying title 40, Code of Federal 
Regulations (as in effect on the date of en-
actment of this Act), to ensure that flar-
ing, either at ground-level or elevated, shall 
only be permitted when necessary solely for 
safety reasons; and 
(ii) 
modifying 
sections 
60.112b(a)(3)(ii), 60.115b(d)(1), 60.482– 
10a(d), 60.662(b), 60.702(b), and 60.562– 
1(a)(1)(i)(C) of title 40, Code of Federal 
Regulations (as in effect on the date of en-
actment of this Act), to ensure that— 
(I) references to flare standards 
under those sections refer to the flare 
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standards established under clause (i); 
and 
(II) the flare standards under 
those sections are, without exception, 
continuously applied. 
(E) SOCMI 
EQUIPMENT
LEAKS.—Not 
later than 3 years after the date of enactment 
of this Act, the Administrator shall promulgate 
a final rule— 
(i) modifying section 60.482–1a of 
title 40, Code of Federal Regulations (as 
in effect on the date of enactment of this 
Act), to ensure that, whenever possible, 
owners and operators use process units 
and components with a leak-less or seal- 
less design; 
(ii) modifying section 60.482–1a(f) of 
title 40, Code of Federal Regulations (as 
in effect on the date of enactment of this 
Act), to ensure that owners and operators 
use optical gas imaging monitoring pursu-
ant to section 60.5397a of title 40, Code of 
Federal Regulations (as in effect on the 
date of enactment of this Act), on a quar-
terly basis, unless the owner or operator 
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receives approval from the Administrator 
in writing to use Method 21 of the Envi-
ronmental Protection Agency (as described 
in appendix A–7 of part 60 of title 40, 
Code of Federal Regulations (as in effect 
on the date of enactment of this Act)) with 
a repair threshold of 500 parts per million; 
(iii) modifying 60.482–6a of title 40, 
Code of Federal Regulations (as in effect 
on the date of enactment of this Act), to 
ensure that the use of open-ended valves or 
lines is prohibited except if a showing is 
made that the use of an open-ended valve 
or line is necessary for safety reasons; and 
(iv) modifying subpart VVa of part 60 
of title 40, Code of Federal Regulations 
(as in effect on the date of enactment of 
this Act), to ensure that— 
(I) the term ‘‘no detectable emis-
sions’’ is defined to mean an instru-
ment reading of less than 50 parts 
per million above background con-
centrations; and 
(II) the term ‘‘leak’’ is defined to 
mean an instrument reading of great-
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er than or equal to 50 parts per mil-
lion above background concentrations. 
(F) NATURAL-GAS
FIRED
STEAM
BOIL-
ERS.—Not later than 3 years after the date of 
enactment of this Act, the Administrator shall 
promulgate a final rule revising subpart Db of 
part 60 of title 40, Code of Federal Regulations 
(as in effect on the date of enactment of this 
Act), to ensure that boilers or heaters located 
at an affected covered facility regulated under 
that subpart may only burn gaseous fuels, not 
solid fuels or liquid fuels. 
(G) MONITORING.—Not later than 3 years 
after the date of enactment of this Act, the Ad-
ministrator shall promulgate a final rule revis-
ing subparts DDD, NNN, RRR, and other rel-
evant subparts of part 60 of title 40, Code of 
Federal Regulations (as in effect on the date of 
enactment of this Act)— 
(i) to require continuous emissions 
monitoring of nitrogen oxides, sulfur diox-
ide, carbon monoxide, and filterable partic-
ulate matter for all combustion devices ex-
cept for non-enclosed flares, including dur-
ing startups, shutdowns, and malfunctions 
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of the facilities regulated by those sub-
parts; 
(ii) to require— 
(I) accurate and continuous rec-
ordkeeping when continuous moni-
toring is required under clause (i); 
and 
(II) the records required under 
subclause (I) to be made available to 
the public; and 
(iii) to require fenceline monitoring 
under section 63.658 of title 40, Code of 
Federal Regulations (as in effect on the 
date of enactment of this Act), for nitrogen 
oxides, sulfur dioxide, carbon monoxide, fil-
terable and condensable particulate matter, 
and all other relevant hazardous air pollut-
ants. 
(3) NATIONAL EMISSION STANDARDS FOR HAZ-
ARDOUS
AIR
POLLUTANTS
IMPLEMENTATION
IM-
PROVEMENTS.— 
(A) EQUIPMENT
LEAKS
OF
BENZENE.— 
Not later than 3 years after the date of enact-
ment of this Act, the Administrator shall pro-
mulgate a final rule modifying section 61.112 
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of title 40, Code of Federal Regulations (as in 
effect on the date of enactment of this Act), 
that strikes subsection (c). 
(B) BENZENE WASTE OPERATIONS.—Not 
later than 3 years after the date of enactment 
of this Act, the Administrator shall promulgate 
a final rule modifying subpart FF of part 61 of 
title 40, Code of Federal Regulations (as in ef-
fect on the date of enactment of this Act), to 
ensure that— 
(i) the term ‘‘no detectable emissions’’ 
is defined to mean an instrument reading 
of less than 50 parts per million above 
background concentrations; and 
(ii) the term ‘‘leak’’ is defined to 
mean an instrument reading of greater 
than or equal to 50 parts per million above 
background concentrations. 
(C) 
MAXIMUM
ACHIEVABLE
CONTROL 
TECHNOLOGY
STANDARDS
FOR
COVERED
FA-
CILITIES.—Not later than 3 years after the 
date of enactment of this Act, the Adminis-
trator shall— 
(i) promulgate a final rule modifying 
subpart YY of part 63 of title 40, Code of 
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