New Proposed Recycling Legislation

On September 30, 2009, Senators Boxer and Kerry introduced their climate change legislation, S. 1733, The American Clean Energy Jobs and American Power Act. This bill includes a program devoted to state recycling programs, Section 154. This section requires EPA to establish a state recycling program and develop analyses and methodologies to optimize reductions of greenhouse gas emissions through recycling. This program provides that funds distributed by States under the Act to carry out recycling programs be allocated in minimum proportions among county and municipal programs, eligible recycling facilities, and eligible manufacturing facilities.

If passed, this program would have a direct benefit on members of SWANA. The localities that qualify under the eligibility requirements set forth by the draft would receive grant monies to improve their programs.

Because of amount of funding potentially available, the program requirements are fairly strict, with the intent of making the biggest impact on the national recycling rate. To be eligible, the programs must have a solid waste management plan that includes education and outreach efforts. Localities also must collect at least five recyclable materials (designated within the program rules) and within three years of receiving the funding have a collection rate either higher than thirty percent OR a ten percent increase from where they started. Localities also must have a curbside collection program, a drop-off program and a materials recycling facility and these operations must show compliance with a quality, environmental, health and safety management system.

The money allocated to county or municipal programs is intended for:
•        recycling related technology that
•        reduces or avoids GHG emissions
•        increases collection efficiency
•        improves the quality of the material collected
•        energy efficiency projects for transportation fleets and equipment used to collect and sort recyclables
•        recycling program related expenses including
•        education and job training
•        approaches for assuring compliance with recycling requirements
•        development or implementation of best practices for MSW reduction programs
•        to ensure that materials intended for recycling are not disposed of during fluctuating markets

The funding for this program would come from the “State Programs for Greenhouse Gas Reduction and Climate Adaptation” outlined in Section 211 of Title II – Program Allocations. This program is set up to distribute proceeds of emission allowances for implementation of projects, programs, or measures to reduce emissions of greenhouse gases and build resilience to the impacts of climate change. Ten percent of these funds are allocated towards funding coastal state economic protection programs. Fifty percent of the funding is reserved for transit grant programs.

State Recycling Programs would be one of six programs receiving the remaining forty percent of the funds. These other programs include: grants to fund water systems mitigation and adaptation partnerships; flood control and response; adverse impacts on agriculture and ranching activities; and programs addressing air pollution and air quality. States that receive this funding source are required to submit Climate Change Response Plan reports biannually.

The total amount of money available has not yet been established.
Click HERE for Section 154

Click HERE for Section 211