Title: RECOVER Act
Policy area: Environmental Protection

Summary:
Realizing the Economic Opportunities and Value of Expanding Recycling Act or the RECOVER Act
This bill authorizes the Environmental Protection Agency (EPA) to establish a Recycling Infrastructure Program. Under the program, the EPA may award financial assistance to states, local governments, and tribal governments to support and expand their recycling infrastructure and programs.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5115 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 5115

     To establish the Recycling Infrastructure Program within the 
        Environmental Protection Agency, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 15, 2019

  Mr. Cardenas (for himself and Mr. Bucshon) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
     To establish the Recycling Infrastructure Program within the 
        Environmental Protection Agency, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Realizing the 
Economic Opportunities and Value of Expanding Recycling Act'' or the 
``RECOVER Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Recycling Infrastructure Program.
Sec. 4. Reports.
Sec. 5. Funding.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Curbside recyclables.--The term ``curbside 
        recyclables'' means those recyclable materials that a 
        municipality or recycling service provider collects separately 
        from municipal solid waste.
            (3) Curbside recycling.--The term ``curbside recycling'' 
        means the process by which residential recyclable materials are 
        picked up curbside.
            (4) Drop-off facility.--The term ``drop-off facility'' 
        means a site to drop off recyclable materials.
            (5) Material recovery facility.--The term ``material 
        recovery facility'' means a facility equipped for the sorting 
        of recyclable materials.
            (6) Recyclable material.--
                    (A) In general.--The term ``recyclable material'' 
                means a material that can be collected, separated, 
                processed, or otherwise derived from a waste stream for 
                recycling.
                    (B) Inclusions.--The term ``recyclable material'' 
                includes--
                            (i) ferrous metal;
                            (ii) nonferrous metal, such as aluminum;
                            (iii) plastic;
                            (iv) glass;
                            (v) paper;
                            (vi) fiber;
                            (vii) paperboard;
                            (viii) household electronics;
                            (ix) tires;
                            (x) rubber;
                            (xi) consumer packaging; and
                            (xii) consumer durables, such as 
                        automobiles and refrigerators.
            (7) Recycling.--The term ``recycling'' means the process of 
        collecting, sorting, and processing recyclable materials for 
        reuse, use as a feedstock, or use in manufacturing or 
        assembling a product, but does not include use of recyclable 
        materials for electricity or steam generation.
            (8) Recycling infrastructure program.--The term ``Recycling 
        Infrastructure Program'' means the program that may be 
        established pursuant to section 3(a).
            (9) Recycling operation.--The term ``recycling operation'' 
        means an operation that processes recyclable materials from 
        residential, industrial, or commercial operations through 
        various manufacturing stages, including separating, shredding, 
        grinding, crushing, media separation, shearing, or baling.
            (10) State.--The term ``State'' means a State, the District 
        of Columbia, the Commonwealth of Puerto Rico, or any other 
        territory or possession of the United States.

SEC. 3. RECYCLING INFRASTRUCTURE PROGRAM.

    (a) Establishment.--The Administrator may establish a program, to 
be known as the Recycling Infrastructure Program, to award financial 
assistance to States, local governments, and tribal governments, on a 
competitive basis, to support and expand the recycling infrastructure 
and recycling programs in such States, local governments, and tribal 
governments.
    (b) Eligible Use of Funds.--A State, local government, or tribal 
government may use financial assistance received under the Recycling 
Infrastructure Program for projects and programs--
            (1) to--
                    (A) expand recycling infrastructure by expanding or 
                supporting recycling-related technology or 
                infrastructure that--
                            (i) increases recycling or collection 
                        rates;
                            (ii) expands curbside recycling collection 
                        programs where appropriate;
                            (iii) expands other collection points and 
                        landfill avoidance programs;
                            (iv) improves the quality of recyclable 
                        material that is separated from solid waste;
                            (v) improves sorting and separation of 
                        recyclable materials;
                            (vi) delivers increased high-quality 
                        feedstocks for use in manufacturing; or
                            (vii) encourages the use of recyclable 
                        materials in new products;
                    (B) transition curbside recycling programs to more 
                efficient collection practices where necessary;
                    (C) enhance the performance of curbside recycling 
                and other recycling programs;
                    (D) promote public space recycling programs;
                    (E) develop rural recycling systems; or
                    (F) develop and implement variable rate (commonly 
                referred to as ``pay-as-you-throw'') funding programs 
                in which the pricing structure for which the fee for 
                solid waste collection increases as the amount of solid 
                waste increases; or
            (2) relating to--
                    (A) consumer education, that--
                            (i) identify how to recycle and what is 
                        recyclable; or
                            (ii)(I) highlights the importance of 
                        recycling;
                                    (II) promotes strategies to improve 
                                recyclable material quality; and
                                    (III) is designed to increase 
                                recycling participation and the amount 
                                of materials collected;
                    (B) marketing opportunities for recyclable 
                materials in the United States; or
                    (C) education and training for recycling operators.
    (c) State and Local Government Eligibility.--In order to be 
eligible to receive financial assistance under the Recycling 
Infrastructure Program--
            (1) for a project or program described in paragraph (1) or 
        (2) of subsection (b), a State, local government, or tribal 
        government shall--
                    (A) submit to the Administrator an application at 
                such time, in such manner, and containing such 
                information as the Administrator may require;
                    (B) be in compliance with subtitle D of the Solid 
                Waste Disposal Act (42 U.S.C. 6941 et seq.); and
                    (C) have, or will have, a method of tracking and 
                demonstrating progress on State-wide, local government-
                wide, or tribal government-wide recycling rates, and 
                agree to demonstrate such progress to the 
                Administrator, in a manner the Administrator determines 
                appropriate, not later than two years after receipt of 
                such financial assistance; and
            (2) for a project or program described in paragraph (1) of 
        subsection (b)--
                    (A) a State, local government, or tribal government 
                shall--
                            (i) have or will have--
                                    (I) legal, financial, and technical 
                                capacity to carry out the project or 
                                program, including the safety and 
                                security aspects of the project or 
                                program;
                                    (II) satisfactory continuing 
                                control over the use of the equipment 
                                or facilities used during the project 
                                or program, with a defined plan for its 
                                use after program assistance has ended;
                                    (III) the technical and financial 
                                capacity to maintain new and existing 
                                equipment and facilities used for the 
                                project or program; and
                                    (IV) advisors providing guidance on 
                                the terms and structure of the project 
                                or program that are independent from 
                                investors in the project or program;
                            (ii) demonstrate that the project or 
                        program shall encourage, to the maximum extent 
                        feasible, as determined by local policies, 
                        criteria, and decision making, the 
                        participation of private enterprise; and
                            (iii) demonstrate that the project or 
                        program is supported by an acceptable degree of 
                        local financial commitment (including evidence 
                        of stable and dependable financing sources); 
                        and
                    (B) a local government or tribal government shall--
                            (i) provide for the collection of at least 
                        5 types of recyclable materials; and
                            (ii) own, operate, or contract to handle, 
                        operate, or sell to--
                                    (I) a curbside recyclables 
                                collection program;
                                    (II) a redemption center, drop-off 
                                facility, or transfer station for 
                                recyclables; or
                                    (III) a material recovery facility.
    (d) Selection Criteria.--
            (1) Priority.--In awarding financial assistance to States, 
        local governments, and tribal governments under the Recycling 
        Infrastructure Program, the Administrator shall give priority 
        to States, local governments, and tribal governments that 
        propose to use the assistance to--
                    (A) expand recycling access and collection of 
                recyclable materials to underserved areas;
                    (B) modernize existing technology;
                    (C) use innovative technology;
                    (D) enhance curbside recycling and other 
                collection; or
                    (E) reduce contamination of recyclable materials.
            (2) Applicability.--Nothing in this subsection supersedes 
        the applicability of other requirements of Federal law 
        (including regulations).
    (e) Federal Assistance.--
            (1) Amount.--The amount of the Federal financial assistance 
        used for a project or program described in subsection (b) shall 
        not exceed 50 percent of the total cost of the project or 
        program.
            (2) Supplant.--Federal financial assistance under this Act 
        shall not be used to supplant or repay other financial 
        assistance.
    (f) State, Tribal, and Local Permits.--The provision of financial 
assistance with respect to a project or program described in subsection 
(b) shall not--
            (1) alter any obligation to obtain any required State, 
        local, or tribal permit or approval with respect to the project 
        or program; or
            (2) otherwise supersede any State, local, or tribal law 
        (including any regulation) applicable to the construction or 
        operation of the project or program.

SEC. 4. REPORTS.

    (a) State, Local Government, and Tribal Government Reports.--Each 
State, local government, or tribal government receiving financial 
assistance during a fiscal year under the Recycling Infrastructure 
Program shall submit to the Administrator, not later than 12 months 
after receiving such assistance, a report for such fiscal year, in 
accordance with such requirements as the Administrator may prescribe.
    (b) EPA Report.--Not later than 2 years after the date of enactment 
of this Act, the Administrator shall submit to Congress a report on 
measures taken towards implementing this Act that includes a list of 
States, local governments, and tribal governments receiving financial 
assistance under the Recycling Infrastructure Program.

SEC. 5. FUNDING.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act--
            (1) $150,000,000 for fiscal year 2020, to remain available 
        until expended;
            (2) $125,000,000 for fiscal year 2021, to remain available 
        until expended;
            (3) $100,000,000 for fiscal year 2022, to remain available 
        until expended;
            (4) $75,000,000 for fiscal year 2023, to remain available 
        until expended; and
            (5) $50,000,000 for fiscal year 2024, to remain available 
        until expended.
    (b) Administration.--The Administrator may use for the 
administration of this Act such funds as the Administrator determines 
necessary for each of fiscal years 2020 through 2024.
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