II 118th CONGRESS 2d Session S. 4186 IN THE SENATE OF THE UNITED STATES April 18, 2024 Mr. Welch (for himself, Mr. Merkley , Mr. Booker , and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To eliminate toxic substances in beverage containers, and for other purposes.

1. Short title This Act may be cited as the Banning Toxics from Plastic Bottles Act of 2024 . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Beverage (A) In general The term beverage means any drinkable liquid intended for human oral consumption, including— (i) water; (ii) flavored water; (iii) soda water; (iv) mineral water; (v) beer; (vi) a malt beverage; (vii) a carbonated soft drink; (viii) liquor; (ix) tea; (x) coffee; (xi) hard cider; (xii) fruit juice; (xiii) an energy or sports drink; (xiv) coconut water; (xv) wine; (xvi) a yogurt drink; (xvii) a probiotic drink; (xviii) a wine cooler; and (xix) any other beverage determined to be appropriate by the Administrator. (B) Exclusions The term beverage does not include— (i) a drug regulated under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ); (ii) infant formula; or (iii) a meal replacement liquid. (3) Beverage container (A) In general The term beverage container means a prepackaged container that— (i) is designed to hold a beverage; (ii) is made of any material, including glass, plastic, and metal; and (iii) has a volume of not more than 3 liters. (B) Exclusions The term beverage container does not include— (i) a carton; or (ii) aseptic packaging, such as a drink box. (4) Brand (A) In general The term brand means any mark, word, name, symbol, design, device, or graphic element that— (i) identifies a product; and (ii) distinguishes the product from other products. (B) Inclusions The term brand includes— (i) any combination of 2 or more marks, words, names, symbols, designs, devices, or graphic elements described in subparagraph (A); and (ii) any registered or unregistered trademark. (5) Plastic (A) In general The term plastic means a synthetic or semisynthetic material that is— (i) synthesized by the polymerization of organic substances; and (ii) capable of being shaped into various rigid and flexible forms. (B) Inclusions The term plastic includes any coating or adhesive described in subparagraph (A). (6) Product line The term product line means a group of related products marketed under a single brand name that— (A) is sold, offered for sale, or distributed by a distributor in the United States, including through an internet transaction; and (B) is used by the distributor for the purpose of distinguishing those products from other, similar products for better usability for consumers. (7) Retailer (A) In general The term retailer means an entity located in the United States that— (i) engages in the sale of beverage containers to a consumer; or (ii) provides beverage containers to an individual or entity in commerce, including provision free of charge, such as at a workplace or event. (B) Inclusion The term retailer includes an entity located in the United States that engages in the sale of, or provides, beverage containers as described in subparagraph (A) through a vending machine or similar means. (8) Single-use The term single-use , with respect to a beverage container, means that the beverage container is routinely disposed of, recycled, or otherwise discarded after 1 use. (9) Toxic substance (A) In general The term toxic substance means any substance, mixture, or compound that— (i) may cause— (I) personal injury or disease to humans through ingestion, inhalation, or absorption through any body surface; or (II) adverse impacts on the environment; and (ii) satisfies 1 or more of the conditions described in subparagraph (B). (B) Conditions The conditions referred to in subparagraph (A)(ii) are the following: (i) The substance, mixture, or compound is subject to reporting requirements under— (I) the Emergency Planning and Community Right-To-Know Act of 1986 ( 42 U.S.C. 11001 et seq. ); (II) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ); or (III) section 112(r) of the Clean Air Act ( 42 U.S.C. 7412(r) ). (ii) The National Institute for Occupational Safety and Health, the Occupational Safety and Health Administration, the National Toxicology Program, the Centers for Disease Control and Prevention, the Administrator of Health and Human Services, the National Institute for Environmental Health Sciences, or the Environmental Protection Agency has established that the substance, mixture, or compound poses an acute or chronic health hazard, including developmental, reproductive, or endocrine effects. (iii) The National Institute for Occupational Safety and Health or the Environmental Protection Agency has recognized that the substance, mixture, or compound may increase the risk of developing a latent disease. (iv) The substance, mixture, or compound is— (I) a perfluoroalkyl or polyfluoroalkyl substance; (II) an orthophthalate; (III) a bisphenol compound (but not including an alkyl-substituted bisphenol compound generated through a xylenol-aldehyde process); (IV) a halogenated or nanoscale flame-retardant chemical; (V) UV 328 (2-(2H-benzotriazol-2-yl)-4,6-di-tert-pentylphenol); (VI) a chlorinated paraffin; (VII) listed as a persistent organic pollutant by the Stockholm Convention on Persistent Organic Pollutants; (VIII) given an overall carcinogenicity evaluation of Group 1, Group 2A, or Group 2B by the International Agency for Research on Cancer; or (IX) listed as a toxic, poisonous, explosive, corrosive, flammable, ecotoxic, or infectious waste by the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, done at Basel, Switzerland, March 22, 1989. (v) The substance, mixture, or compound is a chemical or chemical class that, as determined by the Administrator, has been identified by a Federal agency, State agency, or international intergovernmental agency as being 1 or more of the following: (I) A carcinogen, mutagen, reproductive toxicant, immunotoxicant, neurotoxicant, or endocrine disruptor. (II) A persistent bioaccumulative. (III) A chemical or chemical class that may— (aa) harm the normal development of a fetus or child or cause other developmental toxicity in humans or wildlife; (bb) harm organs or cause other systemic toxicity; or (cc) have an adverse impact on— (AA) air quality; (BB) ecology; (CC) soil quality; or (DD) water quality. (IV) A chemical or chemical class that has toxicity equivalent to the toxicity reflected in a criterion described in any of subclauses (I) through (III). 3. Elimination of toxic substances in beverage containers (a) Prohibition Effective beginning on the date that is 2 years after the date of enactment of this Act, no retailer may sell, offer for sale, or distribute any single-use beverage container that— (1) is composed wholly or partially of polyethylene terephthalate glycol; (2) is opaque or pigmented a color other than transparent blue or transparent green; (3) contains polyethylene glycol; or (4) contains a toxic substance. (b) Penalty (1) In general A retailer that violates a prohibition under subsection (a) shall be subject to a fine for each violation. (2) Treatment of product lines For purposes of this section, each product line of beverage containers shall be considered to be a separate violation of this section if any beverage container included in the product line is a beverage container described in subsection (a). (3) Maximum amount The amount of a fine under this subsection shall be not more than $50,000 per violation. (4) Deposits Fines collected under this subsection shall be deposited into the Local Clean Up of Plastics Fund established by section 4(a). 4. Grants to local governments for solid waste and water system infrastructure improvements (a) Establishment of Fund There is established in the Treasury of the United States a fund, to be known as the Local Clean Up of Plastics Fund . (b) Use of Fund Amounts in the Fund shall be available to the Administrator, without further appropriation or fiscal year limitation, to make competitively awarded grants to units of local government for projects to make improvements to solid waste infrastructure, water system infrastructure, recycling facilities, and composting facilities, for the purpose of increasing the rate of diversion of waste from landfills or complying with environmental regulations relating to such infrastructure or facilities, including— (1) the remediation of toxic substances; (2) improving water filtration; (3) replacing broken infrastructure; (4) expanding infrastructure; and (5) educational programming relating to such infrastructure or facilities. (c) Priority In making grants under subsection (b), the Administrator shall give priority to projects that would serve— (1) a rural area (as defined in section 203(b) of the Rural Electrification Act of 1936 ( 7 U.S.C. 924(b) )); or (2) an underserved community, as determined by the Administrator.