Break Free From Plastic Pollution Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 5845 To amend the Solid Waste Disposal Act to reduce the production and use of certain single-use plastic products and packaging, to improve the responsibility of producers in the design, collection, reuse, recycling, and disposal of their consumer products and packaging, to prevent pollu- tion from consumer products and packaging from entering into animal and human food chains and waterways, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 11, 2020 Mr. LOWENTHAL (for himself, Ms. CLARK of Massachusetts, Mr. COHEN, Mr. QUIGLEY, Ms. BARRAGA´N, Mr. CASE, Mr. CONNOLLY, Mr. ENGEL, Ms. HAALAND, Mr. HASTINGS, Mr. HUFFMAN, Ms. JAYAPAL, Mr. KHANNA, Ms. LEE of California, Mr. LEVIN of California, Mr. TED LIEU of Cali- fornia, Ms. MCCOLLUM, Mr. MOULTON, Ms. NORTON, Mr. PANETTA, Ms. PINGREE, Mr. RASKIN, Mr. ROUDA, Mr. SARBANES, Ms. SCHAKOWSKY, Mr. SUOZZI, Ms. TLAIB, Ms. VELA´ZQUEZ, Ms. WATERS, and Mr. WELCH) introduced the following bill; which was referred to the Com- mittee on Energy and Commerce, and in addition to the Committees on Ways and Means, Transportation and Infrastructure, and Foreign Af- fairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Solid Waste Disposal Act to reduce the pro- duction and use of certain single-use plastic products and packaging, to improve the responsibility of producers in the design, collection, reuse, recycling, and disposal of their consumer products and packaging, to prevent pollution from consumer products and packaging from VerDate Sep 11 2014 19:31 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H5845.IH H5845 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5845 IH entering into animal and human food chains and water- ways, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Break Free From 4 Plastic Pollution Act of 2020’’. 5 SEC. 2. PRODUCER RESPONSIBILITY FOR PRODUCTS AND 6 PACKAGING. 7 (a) IN GENERAL.—The Solid Waste Disposal Act (42 8 U.S.C. 6901 et seq.) is amended by adding at the end 9 the following: 10 ‘‘Subtitle K—Producer Responsi- 11 bility for Products and Pack- 12 aging 13 ‘‘SEC. 12001. DEFINITIONS. 14 ‘‘In this subtitle: 15 ‘‘(1) ADVISORY COMMITTEE.—The term ‘advi- 16 sory committee’ means an advisory committee estab- 17 lished by an Organization under section 12102(c). 18 ‘‘(2) BEVERAGE.— 19 ‘‘(A) IN GENERAL.—The term ‘beverage’ 20 means any drinkable liquid intended for human 21 oral consumption, including— 22 ‘‘(i) water; 23 ‘‘(ii) flavored water; 24 VerDate Sep 11 2014 19:31 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5845.IH H5845 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5845 IH ‘‘(iii) soda water; 1 ‘‘(iv) mineral water; 2 ‘‘(v) beer; 3 ‘‘(vi) a malt beverage; 4 ‘‘(vii) a carbonated soft drink; 5 ‘‘(viii) liquor; 6 ‘‘(ix) tea; 7 ‘‘(x) coffee; 8 ‘‘(xi) hard cider; 9 ‘‘(xii) fruit juice; 10 ‘‘(xiii) an energy or sports drink; 11 ‘‘(xiv) coconut water; 12 ‘‘(xv) wine; 13 ‘‘(xvi) a yogurt drink; 14 ‘‘(xvii) a probiotic drink; 15 ‘‘(xviii) a wine cooler; and 16 ‘‘(xix) any other beverage determined 17 to be appropriate by the Administrator. 18 ‘‘(B) EXCLUSIONS.—The term ‘beverage’ 19 does not include— 20 ‘‘(i) a drug regulated under the Fed- 21 eral Food, Drug, and Cosmetic Act (21 22 U.S.C. 301 et seq.); 23 ‘‘(ii) infant formula; or 24 ‘‘(iii) a meal replacement liquid. 25 VerDate Sep 11 2014 19:31 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5845.IH H5845 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5845 IH ‘‘(3) BEVERAGE CONTAINER.— 1 ‘‘(A) IN GENERAL.—The term ‘beverage 2 container’ means a prepackaged beverage con- 3 tainer— 4 ‘‘(i) made of any material, including 5 glass, plastic, metal, and multimaterial; 6 and 7 ‘‘(ii) the volume of which is not more 8 than 3 liters. 9 ‘‘(B) EXCLUSION.—The term ‘beverage 10 container’ does not include a covered product of 11 any material used to sell a prepackaged bev- 12 erage, such as— 13 ‘‘(i) a carton; 14 ‘‘(ii) a pouch; or 15 ‘‘(iii) aseptic packaging, such as a 16 drink box. 17 ‘‘(C) INCLUSION.—Notwithstanding sub- 18 paragraphs (A) and (B), for purposes of the 19 program under section 12104, the term ‘bev- 20 erage container’ includes a container for a bev- 21 erage that is not described in those subpara- 22 graphs, such as a carton, pouch, or drink box, 23 the responsible party for which elects to partici- 24 pate in the program under that section. 25 VerDate Sep 11 2014 19:31 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5845.IH H5845 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 5845 IH ‘‘(4) COMPOSTABLE.— 1 ‘‘(A) IN GENERAL.—The term ‘compost- 2 able’ means, with respect to a covered product, 3 that the covered product— 4 ‘‘(i)(I) meets the ASTM International 5 standard specification for compostable 6 products numbered D6400 or D6868— 7 ‘‘(aa) as in effect on the date of 8 enactment of this subtitle; or 9 ‘‘(bb) as revised after the date of 10 enactment of this subtitle, if the revi- 11 sion is approved by the Administrator; 12 and 13 ‘‘(II) is labeled to reflect that the cov- 14 ered product meets a standard described in 15 subclause (I); 16 ‘‘(ii) is certified as a compostable 17 product by an independent party that is 18 approved by the Administrator; or 19 ‘‘(iii) comprises only— 20 ‘‘(I) wood without any coatings, 21 additives, or toxic substances; or 22 ‘‘(II) fiber without any coatings, 23 additives, or toxic substances. 24 VerDate Sep 11 2014 19:31 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5845.IH H5845 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 5845 IH ‘‘(B) EXCLUSION.—The term ‘compost- 1 able’ shall not apply to paper. 2 ‘‘(5) COVERED ENTITY.—The term ‘covered en- 3 tity’ means a single family or multifamily dwelling 4 or publicly owned land (such as a sidewalk, plaza, 5 and park) for which a recycling collection service is 6 provided. 7 ‘‘(6) COVERED PRODUCT.— 8 ‘‘(A) IN GENERAL.—The term ‘covered 9 product’ means, regardless of recyclability, 10 compostability, and material type— 11 ‘‘(i) packaging; 12 ‘‘(ii) a food service product; 13 ‘‘(iii) paper; 14 ‘‘(iv) a single-use product that is not 15 subject to the prohibition under section 16 12202(c); and 17 ‘‘(v) a container for a beverage that is 18 not described in subparagraphs (A) and 19 (B) of paragraph (3), such as a carton, 20 pouch, or aseptic packaging, such as a 21 drink box, the responsible party for which 22 does not elect to participate in the pro- 23 gram under section 12104. 24 VerDate Sep 11 2014 19:31 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5845.IH H5845 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 5845 IH ‘‘(B) EXCLUSION.—The term ‘covered 1 product’ does not include a beverage container. 2 ‘‘(7) COVERED RETAIL OR SERVICE ESTABLISH- 3 MENT.—The term ‘covered retail or service estab- 4 lishment’ means a store, grocery store, restaurant, 5 beverage provider, vendor, hotel, motel, or other re- 6 tail or service establishment operating in the United 7 States. 8 ‘‘(8) FOOD SERVICE PRODUCT.—The term ‘food 9 service product’ means an item intended to deliver a 10 food product, regardless of the recyclability or 11 compostability of the item, including— 12 ‘‘(A) a utensil; 13 ‘‘(B) a straw; 14 ‘‘(C) a drink cup; 15 ‘‘(D) a drink lid; 16 ‘‘(E) a food package; 17 ‘‘(F) a food container; 18 ‘‘(G) a plate; 19 ‘‘(H) a bowl; 20 ‘‘(I) a meat tray; and 21 ‘‘(J) a food wrap. 22 ‘‘(9) ORGANIZATION.—The term ‘Organization’ 23 means a Producer Responsibility Organization estab- 24 lished under section 12102(a)(1). 25 VerDate Sep 11 2014 19:31 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5845.IH H5845 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 5845 IH ‘‘(10) PACKAGING.— 1 ‘‘(A) IN GENERAL.—The term ‘packaging’ 2 means— 3 ‘‘(i) any package or container, regard- 4 less of recyclability or compostability; and 5 ‘‘(ii) any part of a package or con- 6 tainer, regardless of recyclability or 7 compostability, that includes material that 8 is used for the containment, protection, 9 handling, delivery, and presentation of 10 goods that are sold, offered for sale, or dis- 11 tributed to consumers in the United 12 States, including through an internet 13 transaction. 14 ‘‘(B) INCLUSIONS.—The term ‘packaging’ 15 includes— 16 ‘‘(i) packaging intended for the con- 17 sumer market; 18 ‘‘(ii) service packaging designed and 19 intended to be used or filled at the point 20 of sale, such as carry-out bags, bulk good 21 bags, take-out bags, and home delivery 22 food service packaging; 23 ‘‘(iii) secondary packaging used to 24 group products for multiunit sale; 25 VerDate Sep 11 2014 19:31 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5845.IH H5845 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 5845 IH ‘‘(iv) tertiary packaging used for 1 transportation or distribution directly to a 2 consumer; and 3 ‘‘(v) ancillary elements hung or at- 4 tached to a product and performing a 5 packaging function. 6 ‘‘(C) EXCLUSION.—The term ‘packaging’ 7 does not include packaging— 8 ‘‘(i) used for the long-term protection 9 or storage of a product; and 10 ‘‘(ii) with a life of not less than 5 11 years. 12 ‘‘(11) PAPER.— 13 ‘‘(A) IN GENERAL.—The term ‘paper’ 14 means paper that is sold, offered for sale, deliv- 15 ered, or distributed to a consumer or business 16 in the United States. 17 ‘‘(B) INCLUSIONS.—The term ‘paper’ in- 18 cludes— 19 ‘‘(i) newsprint and inserts; 20 ‘‘(ii) magazines and catalogs; 21 ‘‘(iii) direct mail; 22 ‘‘(iv) office paper; and 23 ‘‘(v) telephone directories. 24 VerDate Sep 11 2014 19:31 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5845.IH H5845 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 5845 IH ‘‘(C) EXCLUSIONS.—The term ‘paper’ does 1 not include— 2 ‘‘(i) a paper product that, due to the 3 intended use of the paper product, could 4 become unsafe or unsanitary to recycle; or 5 ‘‘(ii) a bound book. 6 ‘‘(12) PLAN.—The term ‘Plan’ means a Prod- 7 uct Stewardship Plan described in section 12105. 8 ‘‘(13) PROGRAM.—The term ‘Program’ means a 9 Product Stewardship Program established under sec- 10 tion 12102(a)(2). 11 ‘‘(14) RECYCLABLE.—The term ‘recyclable’ 12 means, with respect to a covered product or beverage 13 container, that— 14 ‘‘(A) the covered product or beverage con- 15 tainer is economically and technically recyclable 16 in current United States market conditions; 17 ‘‘(B) United States processing capacity is 18 in operation to recycle, with the geographical 19 distribution of the capacity aligned with the 20 population of geographical regions of the 21 United States, of the total quantity of the cov- 22 ered product or beverage container— 23 ‘‘(i) for each of calendar years 2020 24 through 2024, not less than 25 percent; 25 VerDate Sep 11 2014 19:31 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5845.IH H5845 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 5845 IH ‘‘(ii) for each of calendar years 2025 1 through 2029, not less than 35 percent; 2 ‘‘(iii) for each of calendar years 2030 3 through 2034, not less than 50 percent; 4 and 5 ‘‘(iv) for calendar year 2035 and each 6 calendar year thereafter, not less than 60 7 percent; and 8 ‘‘(C) the consumer that uses the covered 9 product or beverage container is not required to 10 remove an attached component of the covered 11 product or beverage container, such as a shrink 12 sleeve, label, or filter, before the covered prod- 13 uct or beverage container can be recycled. 14 ‘‘(15) RECYCLE.— 15 ‘‘(A) IN GENERAL.—The term ‘recycle’ 16 means the series of activities by which a cov- 17 ered product is— 18 ‘‘(i) collected, sorted, and processed; 19 and 20 ‘‘(ii)(I) converted into a raw material 21 with minimal loss of material quality; 22 ‘‘(II) used in the production of a new 23 product, including the original product; or 24 VerDate Sep 11 2014 19:31 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5845.IH H5845 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 5845 IH ‘‘(III) in the case of composting or or- 1 ganic recycling, productively used for soil 2 improvement. 3 ‘‘(B) EXCLUSION.—The term ‘recycle’ does 4 not include— 5 ‘‘(i) the method of sorting, processing, 6 and aggregating materials from solid waste 7 that does not preserve the original material 8 quality, and, as a result, the aggregated 9 material is no longer usable for its initial 10 purpose or product and can only be used 11 for inferior purposes or products (com- 12 monly referred to as ‘downcycling’); 13 ‘‘(ii) the use of waste— 14 ‘‘(I) as a fuel or fuel substitute; 15 ‘‘(II) for energy production; 16 ‘‘(III) for alternate operating 17 cover; or 18 ‘‘(IV) within the footprint of a 19 landfill; or 20 ‘‘(iii) the conversion of waste into al- 21 ternative products, such as chemicals, feed- 22 stocks, fuels, and energy, through— 23 ‘‘(I) pyrolysis; 24 ‘‘(II) hydropyrolysis; 25 VerDate Sep 11 2014 19:31 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5845.IH H5845 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 5845 IH ‘‘(III) methanolysis; 1 ‘‘(IV) gasification; 2 ‘‘(V) enzymatic breakdown; or 3 ‘‘(VI) a similar technology, as de- 4 termined by the Administrator. 5 ‘‘(16) RESPONSIBLE PARTY.— 6 ‘‘(A) BEVERAGE CONTAINERS.— 7 ‘‘(i) IN GENERAL.—With respect to a 8 beverage sold in a beverage container, the 9 term ‘responsible party’ means— 10 ‘‘(I) a person that engages in the 11 distribution or sale of the beverage in 12 a beverage container to a retailer in 13 the United States, including any man- 14 ufacturer that engages in that sale or 15 distribution; 16 ‘‘(II) if subclause (I) does not 17 apply, a person that engages in the 18 sale of the beverage in a beverage con- 19 tainer directly to a consumer in the 20 United States; or 21 ‘‘(III) if subclauses (I) and (II) 22 do not apply, a person that imports 23 the beverage sold in a beverage con- 24 tainer into the United States for use 25 VerDate Sep 11 2014 19:31 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5845.IH H5845 pamtmann on DSKBC07HB2PROD with BILLS 14 •HR 5845 IH in a commercial enterprise, sale, offer 1 for sale, or distribution in the United 2 States. 3 ‘‘(ii) RELATED DEFINITIONS.—In this 4 subparagraph: 5 ‘‘(I) DISTRIBUTO [Text truncated for display. 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