II Calendar No. 7 119th CONGRESS 1st Session S. 351 IN THE SENATE OF THE UNITED STATES January 30, 2025 Mrs. Capito (for herself, Mr. Whitehouse , and Mr. Boozman ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works February 5, 2025 Reported by Mrs. Capito , without amendment A BILL To establish a pilot grant program to improve recycling accessibility, to require the Administrator of the Environmental Protection Agency to carry out certain activities to collect and disseminate data on recycling and composting programs in the United States, and for other purposes.

1. Short title This Act may be cited as the Strategies To Eliminate Waste and Accelerate Recycling Development Act of 2025 or the STEWARD Act of 2025 . 2. Recycling infrastructure and accessibility improvements (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Curbside recycling The term curbside recycling means the process by which residential recyclable materials are picked up curbside. (3) Eligible entity The term eligible entity means— (A) a State (as defined in section 1004 of the Solid Waste Disposal Act ( 42 U.S.C. 6903 )); (B) a unit of local government; (C) an Indian Tribe; and (D) a public-private partnership or entities seeking to establish a public-private partnership. (4) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (5) Materials recovery facility (A) In general The term materials recovery facility means a dedicated facility where primarily residential recyclable materials, which are diverted from disposal by a generator and collected separately from municipal solid waste, are mechanically or manually sorted into commodities for further processing into specification-grade commodities for sale to end users. (B) Exclusion The term materials recovery facility does not include a solid waste management facility that may process municipal solid waste to remove recyclable materials. (6) Pilot grant program The term pilot grant program means the Recycling Infrastructure and Accessibility Program established under subsection (b). (7) Recyclable material The term recyclable material means a material that is obsolete, previously used, off-specification, surplus, or incidentally produced for processing into a specification-grade commodity for which a reuse market currently exists or is being developed. (8) Transfer station The term transfer station means a facility that— (A) receives and consolidates recyclable material from curbside recycling or drop-off facilities; and (B) loads the recyclable material onto tractor trailers, railcars, or barges for transport to a distant materials recovery facility or another recycling-related facility. (9) Underserved community The term underserved community means a community, including an unincorporated area, without access to full recycling services because— (A) transportation, distance, or other reasons render utilization of available processing capacity at an existing materials recovery facility cost prohibitive; or (B) the processing capacity of an existing materials recovery facility is insufficient to manage the volume of recyclable materials produced by that community. (b) Establishment Not later than 18 months after the date of enactment of this Act, the Administrator shall establish a pilot grant program, to be known as the Recycling Infrastructure and Accessibility Program , to award grants, on a competitive basis, to eligible entities to improve recycling accessibility in a community or communities within the same geographic area. (c) Goal The goal of the pilot grant program is to fund eligible projects that will significantly improve accessibility to recycling systems through investments in infrastructure in underserved communities through the use of a hub-and-spoke model for recycling infrastructure development. (d) Applications To be eligible to receive a grant under the pilot grant program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (e) Considerations In selecting eligible entities to receive a grant under the pilot grant program, the Administrator shall consider— (1) whether the community or communities in which the eligible entity is seeking to carry out a proposed project has curbside recycling; (2) whether the proposed project of the eligible entity will improve accessibility to recycling services in a single underserved community or multiple underserved communities; and (3) (A) if the eligible entity is a public-private partnership, the financial health of the private entity seeking to enter into that public-private partnership; or (B) if the eligible entity is seeking to establish a public-private partnership, the financial health of the private entities that would participate in the public-private partnership. (f) Priority In selecting eligible entities to receive a grant under the pilot grant program, the Administrator shall give priority to eligible entities seeking to carry out a proposed project in a community in which there is not more than 1 materials recovery facility within a 75-mile radius of that community. (g) Use of funds An eligible entity awarded a grant under the pilot grant program may use the grant funds for projects to improve recycling accessibility in communities, including in underserved communities, by— (1) increasing the number of transfer stations; (2) expanding curbside recycling collection programs where appropriate; and (3) leveraging public-private partnerships to reduce the costs associated with collecting and transporting recyclable materials in underserved communities. (h) Prohibition on use of funds An eligible entity awarded a grant under the pilot grant program may not use the grant funds for projects relating to recycling education programs. (i) Minimum and maximum grant amount A grant awarded to an eligible entity under the pilot grant program shall be in an amount— (1) not less than $500,000; and (2) not more than $15,000,000. (j) Set-Aside The Administrator shall set aside not less than 70 percent of the amounts made available to carry out the pilot grant program for each fiscal year to award grants to eligible entities to carry out a proposed project or program in a single underserved community or multiple underserved communities. (k) Federal share The Federal share of the cost of a project or program carried out by an eligible entity using grant funds shall be not more than 95 percent. (l) Report Not later than 2 years after the date on which the first grant is awarded under the pilot grant program, the Administrator shall submit to Congress a report describing the implementation of the pilot grant program, which shall include— (1) a list of eligible entities that have received a grant under the pilot grant program; (2) the actions taken by each eligible entity that received a grant under the pilot grant program to improve recycling accessibility with grant funds; and (3) to the extent information is available, a description of how grant funds received under the pilot grant program improved recycling rates in each community in which a project or program was carried out under the pilot grant program. (m) Authorization of appropriations (1) In general There is authorized to be appropriated to the Administrator to carry out the pilot grant program $30,000,000 for each of fiscal years 2025 through 2029, to remain available until expended. (2) Administrative costs and technical assistance Of the amounts made available under paragraph (1), the Administrator may use up to 5 percent— (A) for administrative costs relating to carrying out the pilot grant program; and (B) to provide technical assistance to eligible entities applying for a grant under the pilot grant program. 3. Recycling and composting data collection (a) Definitions (1) In general In this section: (A) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (B) Compost The term compost means a product that— (i) is manufactured through the controlled aerobic, biological decomposition of biodegradable materials; (ii) has been subjected to medium and high temperature organisms, which— (I) significantly reduce the viability of pathogens and weed seeds; and (II) stabilize carbon in the product such that the product is beneficial to plant growth; and (iii) is typically used as a soil amendment, but may also contribute plant nutrients. (C) Compostable material The term compostable material means material that is a feedstock for creating compost, including— (i) wood; (ii) agricultural crops; (iii) paper, such as cardboard and other paper products; (iv) certified compostable products associated with organic waste; (v) other organic plant material; (vi) organic waste, including food waste and yard waste; and (vii) such other material that is composed of biomass that can be continually replenished or renewed, as determined by the Administrator. (D) Indian tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (E) Recyclable material The term recyclable material means a material that is obsolete, previously used, off-specification, surplus, or incidentally produced for processing into a specification-grade commodity for which a reuse market currently exists or is being developed. (F) Recycling The term recycling means the series of activities— (i) during which recyclable materials are processed into specification-grade commodities and consumed as raw-material feedstock, in lieu of virgin materials, in the manufacturing of new products; (ii) that may, with regard to recyclable materials and prior to the activities described in clause (i), include sorting, collection, processing, and brokering; and (iii) that result, subsequent to processing described in clause (i), in consumption by a materials manufacturer, including for the manufacturing of new products. (G) State The term State has the meaning given the term in section 1004 of the Solid Waste Disposal Act ( 42 U.S.C. 6903 ). (2) Definition of processing In subparagraphs (E) and (F) of paragraph (1), the term processing means any mechanical, manual, or other method that— (A) transforms a recyclable material into a specification-grade commodity; and (B) may occur in multiple steps, with different phases, including sorting, occurring at different locations. (b) Reports on composting and recycling infrastructure capabilities (1) In general Subtitle D of the Solid Waste Disposal Act ( 42 U.S.C. 6941 et seq. ) is amended by adding at the end the following: 4011. Reports on composting and recycling infrastructure capabilities (a) Definitions In this section: (1) Incorporation of certain terms The terms compost , compostable material , recyclable material , and recycling have the meanings given the terms in section 3(a) of the Strategies To Eliminate Waste and Accelerate Recycling Development Act of 2025 . (2) Composting facility The term composting facility means a location, structure, or device that transforms compostable materials into compost. (3) Indian tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (4) Materials recovery facility (A) In general The term materials recovery facility means a dedicated facility where primarily residential recyclable materials, which are diverted from disposal by the generator and collected separately from municipal solid waste, are mechanically or manually sorted into commodities for further processing into specification-grade commodities for sale to end users. (B) Exclusion The term materials recovery facility does not include a solid waste management facility that may process municipal solid waste to remove recyclable materials. (C) Definition of processing For purposes of this paragraph, the term processing has the meaning given the term in section 3(a)(2) of the Strategies To Eliminate Waste and Accelerate Recycling Development Act of 2025 . (b) Report (1) In general The Administrator shall request information and data from, collaborate with, or contract with, as necessary and appropriate, States, units of local government, and Indian Tribes, for the provision, preparation, and publication of a report, or to expand work under the National Recycling Strategy to include information and data, on compostable materials and efforts to reduce contamination rates for recycling, including— (A) an evaluation of existing Federal, State, and local laws that may present barriers to implementation of composting strategies; (B) a description and evaluation of composting infrastructure and programs within States, units of local government, and Indian Tribes; (C) an estimate of the costs and approximate land needed to expand composting programs; and (D) a review of the practices of manufacturers and companies that are moving to using compostable packaging and food service ware for the purpose of making the composting process the end-of-life use of those products. (2) Submission Not later than 2 years after the date of enactment of this section, the Administrator shall submit to Congress the report prepared under paragraph (1). (c) Inventory of materials recovery facilities Not later than 3 years after the date of enactment of this section, and every 4 years thereafter, the Administrator, in consultation with relevant Federal agencies and States, units of local government, and Indian Tribes, shall— (1) prepare an inventory or estimate of materials recovery facilities in the United States, including— (A) the number of materials recovery facilities in each State; and (B) a general description of the materials that each of those materials recovery facilities can process, including— (i) in the case of plastic, a description of— (I) the types of accepted resin, if applicable; and (II) the packaging or product format, such as a jug, a carton, or film; (ii) food packaging and service ware, such as a bottle, cutlery, or a cup; (iii) paper; (iv) aluminum, such as an aluminum beverage can, food can, aerosol can, or foil; (v) steel, such as a steel food or aerosol can; (vi) other scrap metal; (vii) glass; or (viii) any other material not described in any of clauses (i) through (vii) that a materials recovery facility processes; and (2) submit to Congress the inventory or estimate prepared under paragraph (1). (d) Information on recycling and composting systems The Administrator shall, as necessary and appropriate, collaborate or contract with States, units of local government, and Indian Tribes to estimate, with respect to the United States— (1) the number and types of recycling and composting programs; (2) the types and forms of materials accepted by recycling or composting programs; (3) the number of individuals— (A) with access to recycling and composting services to at least the extent of access to disposal services; and (B) who use, on a percentage basis, the recycling and composting services described in subparagraph (A); (4) the number of individuals with barriers to accessing recycling and composting services similar to their access to disposal services and the types of those barriers experienced; (5) the inbound contamination and capture rates of recycling and composting programs; (6) if applicable, other available recycling or composting programs; and (7) the average costs and benefits to States, units of local government, and Indian Tribes of recycling and composting programs. (e) Recycling reporting rates (1) Collection of data; development of rates The Administrator may use amounts made available under section 3(e) of the Strategies To Eliminate Waste and Accelerate Recycling Development Act of 2025 — (A) to biannually collect, in collaboration with States, to the extent practicable, information supplied on a voluntary basis to develop the estimated rates described in subparagraphs (B) and (C); (B) to develop a standardized estimated rate of recyclable materials in States that provide information under subparagraph (A) that have been successfully diverted from the waste stream and brought to a materials recovery facility or composting facility; and (C) to develop an estimated national recycling rate based on the information described in subparagraphs (A) and (B). (2) Use Using amounts made available under section 3(e) of the Strategies To Eliminate Waste and Accelerate Recycling Development Act of 2025 , the Administrator may use the information collected and rates developed under paragraph (1) to provide requesting States, units of local government, and Indian Tribes data and technical assistance— (A) to reduce the overall waste produced by the States, units of local government, and Indian Tribes; (B) to assist the States, units of local government, and Indian Tribes in understanding the nuances of the information collected relating to diversion activities; and (C) to increase recycling and composting rates of the States, units of local government, and Indian Tribes. (f) Report on end markets The Administrator, in collaboration or contract with, as necessary and appropriate, relevant Federal agencies, States, units of local government, or Indian Tribes, shall— (1) provide an update to the report submitted under section 306 of the Save Our Seas 2.0 Act ( Public Law 116–224 ; 134 Stat. 1096) to include an addendum on the end-market sale of all recyclable materials from materials recovery facilities that process recyclable materials, including, to the extent practicable— (A) the total, in dollars per ton, domestic sales of bales of recyclable materials; and (B) the total, in dollars per ton, international sales of bales of recyclable materials; (2) prepare a report on the end-market sale of compost from, to the extent practicable, compostable materials, including the total, in dollars per ton, of domestic sales of compostable materials; and (3) not later than 3 years after the date of enactment of this section, submit to Congress the update to the report prepared under paragraph (1) and the report prepared under paragraph (2). (g) Privileged or confidential information (1) In general Information collected under subsection (e)(1) or paragraph (1) or (2) of subsection (f) shall not include any privileged or confidential information described in section 552(b)(4) of title 5, United States Code. (2) Nondisclosure Information collected to carry out this section shall not be made public if the information meets the requirements of section 552(b) of title 5, United States Code. . (2) Clerical amendment The table of contents in section 1001 of the Solid Waste Disposal Act ( Public Law 89–272 ; 90 Stat. 2795; 98 Stat. 3268) is amended by inserting after the item relating to section 4010 the following: Sec. 4011. Report on composting and recycling infrastructure capabilities. . (c) Federal agency activities related to recycling Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter until 2033, the Comptroller General of the United States shall make publicly available a report— (1) detailing or, to the extent practicable, providing an estimate of— (A) the total annual recycling and composting rates reported by all Federal agencies; and (B) the total annual percentage of products containing recyclable material, compostable material, or recovered materials purchased by all Federal agencies, including— (i) the total quantity of procured products containing recyclable material or recovered materials listed in the comprehensive procurement guidelines published under section 6002(e) of the Solid Waste Disposal Act ( 42 U.S.C. 6962(e) ); and (ii) the total quantity of compostable material purchased by all Federal agencies; (2) identifying the activities of each Federal agency that promote recycling or composting; and (3) identifying activities that Federal agencies could carry out to further promote recycling or composting. (d) Study on the diversion of recyclable materials from a circular market (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a metric for determining the proportion of recyclable materials in commercial and municipal waste streams that are being diverted from a circular market. (2) Study; report Not later than 1 year after the development of a metric under paragraph (1), the Administrator shall conduct a study of, and submit to Congress a report on, the proportion of recyclable materials in commercial and municipal waste streams that, during each of the 10 calendar years preceding the year of submission of the report, were diverted from a circular market. (3) Data The report under paragraph (2) shall provide data on specific recyclable materials, including aluminum, plastics, paper and paperboard, textiles, and glass, that were prevented from remaining in a circular market through disposal or elimination, and to what use those specific recyclable materials were lost. (4) Evaluation The report under paragraph (2) shall include an evaluation of whether the establishment or improvement of recycling programs would— (A) improve recycling rates; (B) reduce the quantity of recyclable materials being unutilized in a circular market; and (C) affect prices paid by consumers for products using materials recycled in the circular market. (e) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section and the amendments made by this section $4,000,000 for each of fiscal years 2025 through 2029. (f) Administration (1) Unfunded mandates The Administrator or the Secretary of Commerce may not exercise any authority under this section or any amendment made by this section if exercising that authority would require a State, a unit of local government, or an Indian Tribe to carry out a mandate for which funding is not available. (2) Nondisclosure Any information collected to carry out this section shall not be made public if the information meets the requirements of section 552(b) of title 5, United States Code.

February 5, 2025 Reported without amendment