[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 431 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 431
To amend the Solid Waste Disposal Act to impose certain limits on the
receipt of out-of-State municipal solid waste.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 24, 2003
Mr. Voinovich introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Solid Waste Disposal Act to impose certain limits on the
receipt of out-of-State municipal solid waste.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Municipal Solid Waste Interstate
Transportation and Local Authority Act of 2003''.
SEC. 2. AUTHORITY TO PROHIBIT OR LIMIT RECEIPT OF OUT-OF-STATE
MUNICIPAL SOLID WASTE AT EXISTING FACILITIES.
(a) 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:
``SEC. 4011. AUTHORITY TO PROHIBIT OR LIMIT RECEIPT OF OUT-OF-STATE
MUNICIPAL SOLID WASTE AT EXISTING FACILITIES.
``(a) Definitions.--In this section:
``(1) Affected local government.--The term `affected local
government', with respect to a facility, means--
``(A) the public body authorized by State law to
plan for the management of municipal solid waste for
the area in which the facility is located or proposed
to be located, a majority of the members of which
public body are elected officials;
``(B) in a case in which there is no public body
described in subparagraph (A), the elected officials of
the city, town, township, borough, county, or parish
selected by the Governor and exercising primary
responsibility over municipal solid waste management or
the use of land in the jurisdiction in which the
facility is located or proposed to be located; or
``(C) in a case in which there is in effect an
agreement or compact under section 105(b), contiguous
units of local government located in each of 2 or more
adjoining States that are parties to the agreement, for
purposes of providing authorization under subsection
(b), (c), or (d) for municipal solid waste generated in
the jurisdiction of 1 of those units of local
government and received in the jurisdiction of another
of those units of local government.
``(2) Authorization to receive out-of-state municipal solid
waste.--
``(A) In general.--The term `authorization to
receive out-of-State municipal solid waste' means a
provision contained in a host community agreement or
permit that specifically authorizes a facility to
receive out-of-State municipal solid waste.
``(B) Specific authorization.--
``(i) Sufficient formulations.--For the
purposes of subparagraph (A), only the
following, shall be considered to specifically
authorize a facility to receive out-of-State
municipal solid waste:
``(I) an authorization to receive
municipal solid waste from any place
within a fixed radius surrounding the
facility that includes an area outside
the State;
``(II) an authorization to receive
municipal solid waste from any place of
origin in the absence of any provision
limiting those places of origin to
places inside the State;
``(III) an authorization to receive
municipal solid waste from a
specifically identified place or places
outside the State; or
``(IV) a provision that uses such a
phrase as `regardless of origin' or
`outside the State' in reference to
municipal solid waste.
``(ii) Insufficient formulations.--For the
purposes of subparagraph (A), either of the
following, by itself, shall not be considered
to specifically authorize a facility to receive
out-of-State municipal solid waste:
``(I) A general reference to the
receipt of municipal solid waste from
outside the jurisdiction of the
affected local government.
``(II) An agreement to pay a fee
for the receipt of out-of-State
municipal solid waste.
``(C) Form of authorization.--To qualify as an
authorization to receive out-of-State municipal solid
waste, a provision need not be in any particular form;
a provision shall so qualify so long as the provision
clearly and affirmatively states the approval or
consent of the affected local government or State for
receipt of municipal solid waste from places of origin
outside the State.
``(3) Disposal.--The term `disposal' includes incineration.
``(4) Existing host community agreement.--The term
`existing host community agreement' means a host community
agreement entered into before January 1, 2003.
``(5) Facility.--The term `facility' means a landfill,
incinerator, or other enterprise that received municipal solid
waste before the date of enactment of this section.
``(6) Governor.--The term `Governor', with respect to a
facility, means the chief executive officer of the State in
which a facility is located or proposed to be located or any
other officer authorized under State law to exercise authority
under this section.
``(7) Host community agreement.--The term `host community
agreement' means a written, legally binding agreement, lawfully
entered into between an owner or operator of a facility and an
affected local government that contains an authorization to
receive out-of-State municipal solid waste.
``(8) Municipal solid waste.--
``(A) In general.--The term `municipal solid waste'
means--
``(i) material discarded for disposal by--
``(I) households (including single
and multifamily residences); and
``(II) public lodgings such as
hotels and motels; and
``(ii) material discarded for disposal that
was generated by commercial, institutional, and
industrial sources, to the extent that the
material--
``(I) is essentially the same as
material described in clause (i); or
``(II) is collected and disposed of
with material described in clause (i)
as part of a normal municipal solid
waste collection service.
``(B) Inclusions.--The term `municipal solid waste'
includes--
``(i) appliances;
``(ii) clothing;
``(iii) consumer product packaging;
``(iv) cosmetics;
``(v) disposable diapers;
``(vi) food containers made of glass or
metal;
``(vii) food waste;
``(viii) household hazardous waste;
``(ix) office supplies;
``(x) paper; and
``(xi) yard waste.
``(C) Exclusions.--The term `municipal solid waste'
does not include--
``(i) solid waste identified or listed as a
hazardous waste under section 3001, except for
household hazardous waste;
``(ii) solid waste resulting from--
``(I) a response action taken under
section 104 or 106 of the Comprehensive
Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9604,
9606);
``(II) a response action taken
under a State law with authorities
comparable to the authorities contained
in either of those sections; or
``(III) a corrective action taken
under this Act;
``(iii) recyclable material--
``(I) that has been separated, at
the source of the material, from waste
destined for disposal; or
``(II) that has been managed
separately from waste destined for
disposal, including scrap rubber to be
used as a fuel source;
``(iv) a material or product returned from
a dispenser or distributor to the manufacturer
or an agent of the manufacturer for credit,
evaluation, and possible potential reuse;
``(v) solid waste that is--
``(I) generated by an industrial
facility; and
``(II) transported for the purpose
of treatment, storage, or disposal to a
facility (which facility is in
compliance with applicable State and
local land use and zoning laws and
regulations) or facility unit--
``(aa) that is owned or
operated by the generator of
the waste;
``(bb) that is located on
property owned by the generator
of the waste or a company with
which the generator is
affiliated; or
``(cc) the capacity of
which is contractually
dedicated exclusively to a
specific generator;
``(vi) medical waste that is segregated
from or not mixed with solid waste;
``(vii) sewage sludge or residuals from a
sewage treatment plant; or
``(viii) combustion ash generated by a
resource recovery facility or municipal
incinerator.
``(9) New host community agreement.--The term `new host
community agreement' means a host community agreement entered
into on or after the date of enactment of this section.
``(10) Out-of-state municipal solid waste.--
``(A) In general.--The term `out-of-State municipal
solid waste', with respect to a State, means municipal
solid waste generated outside the State.
``(B) Inclusion.--The term `out-of-State municipal
solid waste' includes municipal solid waste generated
outside the United States.
``(11) Receive.--The term `receive' means receive for
disposal.
``(12) Recyclable material.--
``(A) In general.--The term `recyclable material'
means a material that may feasibly be used as a raw
material or feedstock in place of or in addition to, virgin material in
the manufacture of a usable material or product.
``(B) Virgin material.--In subparagraph (A), the
term `virgin material' includes petroleum.
``(b) Prohibition of Receipt for Disposal of Out-of-State Waste.--
No facility may receive for disposal out-of-State municipal solid waste
except as provided in subsections (c), (d), and (e).
``(c) Existing Host Community Agreements.--
``(1) In general.--Subject to subsection (f), a facility
operating under an existing host community agreement may
receive for disposal out-of-State municipal solid waste if--
``(A) the owner or operator of the facility has
complied with paragraph (2); and
``(B) the owner or operator of the facility is in
compliance with all of the terms and conditions of the
host community agreement.
``(2) Public inspection of agreement.--Not later than 90
days after the date of enactment of this section, the owner or
operator of a facility described in paragraph (1) shall--
``(A) provide a copy of the existing host community
agreement to the State and affected local government;
and
``(B) make a copy of the existing host community
agreement available for inspection by the public in the
local community.
``(d) New Host Community Agreements.--
``(1) In general.--Subject to subsection (f), a facility
operating under a new host community agreement may receive for
disposal out-of-State municipal solid waste if--
``(A) the agreement meets the requirements of
paragraphs (2) through (5); and
``(B) the owner or operator of the facility is in
compliance with all of the terms and conditions of the
host community agreement.
``(2) Requirements for authorization.--
``(A) In general.--Authorization to receive out-of-
State municipal solid waste under a new host community
agreement shall--
``(i) be granted by formal action at a
meeting;
``(ii) be recorded in writing in the
official record of the meeting; and
``(iii) remain in effect according to the
terms of the new host community agreement.
``(B) Specifications.--An authorization to receive
out-of-State municipal solid waste shall specify terms
and conditions, including--
``(i) the quantity of out-of-State
municipal solid waste that the facility may
receive; and
``(ii) the duration of the authorization.
``(3) Information.--Before seeking an authorization to
receive out-of-State municipal solid waste under a new host
community agreement, the owner or operator of the facility
seeking the authorization shall provide (and make readily
available to the State, each contiguous local government and
Indian tribe, and any other interested person for inspection
and copying) the following:
``(A) A brief description of the facility,
including, with respect to the facility and any planned
expansion of the facility, a description of--
``(i) the size of the facility;
``(ii) the ultimate municipal solid waste
capacity of the facility; and
``(iii) the anticipated monthly and yearly
volume of out-of-State municipal solid waste to
be received at the facility.
``(B) A map of the facility site that indicates--
``(i) the location of the facility in
relation to the local road system;
``(ii) topographical and general
hydrogeological features;
``(iii) any buffer zones to be acquired by
the owner or operator; and
``(iv) all facility units.
``(C) A description of--
``(i) the environmental characteristics of
the site, as of the date of application for
authorization;
``(ii) ground water use in the area,
including identification of private wells and
public drinking water sources; and
``(iii) alterations that may be
necessitated by, or occur as a result of,
operation of the facility.
``(D) A description of--
``(i) environmental controls required to be
used on the site (under permit requirements),
including--
``(I) run-on and run off
management;
``(II) air pollution control
devices;
``(III) source separation
procedures;
``(IV) methane monitoring and
control;
``(V) landfill covers;
``(VI) landfill liners or leachate
collection systems; and
``(VII) monitoring programs; and
``(ii) any waste residuals (including
leachate and ash) that the facility will
generate, and the planned management of the
residuals.
``(E) A description of site access controls to be
employed by the owner or operator and road improvements
to be made by the owner or operator, including an
estimate of the timing and extent of anticipated local
truck traffic.
``(F) A list of all required Federal, State, and
local permits.
``(G) Estimates of the personnel requirements of
the facility, including--
``(i) information regarding the probable
skill and education levels required for job
positions at the facility; and
``(ii) to the extent practicable, a
distinction between preoperational and
postoperational employment statistics of the
facility.
``(H) Any information that is required by State or
Federal law to be provided with respect to--
``(i) any violation of environmental law
(including regulations) by the owner or
operator or any subsidiary of the owner or
operator;
``(ii) the disposition of any enforcement
proceeding taken with respect to the violation;
and
``(iii) any corrective action and
rehabilitation measures taken as a result of
the proceeding.
``(I) Any information that is required by Federal
or State law to be provided with respect to compliance
by the owner or operator with the State solid waste
management plan.
``(J) Any information that is required by Federal
or State law to be provided with respect to gifts and
contributions made by the owner or operator.
``(4) Advance notification.--Before taking formal action to
grant or deny authorization to receive out-of-State municipal
solid waste under a new host community agreement, an affected
local government shall--
``(A) notify the State, contiguous local
governments, and any contiguous Indian tribes;
``(B) publish notice of the proposed action in a
newspaper of general circulation at least 15 days
before holding a hearing under subparagraph (C), except
where State law provides for an alternate form of
public notification; and
``(C) provide an opportunity for public comment in
accordance with State law, including at least 1 public
hearing.
``(5) Subsequent notification.--Not later than 90 days
after an authorization to receive out-of-State municipal solid
waste is granted under a new host community agreement, the
affected local government shall give notice of the
authorization to--
``(A) the Governor;
``(B) contiguous local governments; and
``(C) any contiguous Indian tribes.
``(e) Receipt for Disposal of Out-of-State Municipal Solid Waste by
Facilities Not Subject to Host Community Agreements.--
``(1) Permit.--
``(A) In general.--Subject to subsection (f), a
facility for which, before the date of enactment of
this section, the State issued a permit containing an
authorization may receive out-of-State municipal solid
waste if--
``(i) not later than 90 days after the date
of enactment of this section, the owner or
operator of the facility notifies the affected
local government of the existence of the
permit; and
``(ii) the owner or operator of the
facility complies with all of the terms and
conditions of the permit after the date of
enactment of this section.
``(B) Denied or revoked permits.--A facility may
not receive out-of-State municipal solid waste under
subparagraph (A) if the operating permit for the
facility (or any renewal of the operating permit) was
denied or revoked by the appropriate State agency
before the date of enactment of this section unless the
permit or renewal was granted, renewed, or reinstated
before that date.
``(2) Documented receipt during 1993.--
``(A) In general.--Subject to subsection (f), a
facility that, during 1993, received out-of-State
municipal solid waste may receive out-of-State
municipal solid waste if the owner or operator of the
facility submits to the State and to the affected local
government documentation of the receipt of out-of-State
municipal solid waste during 1993, including
information about--
``(i) the date of receipt of the out-of-
State municipal solid waste;
``(ii) the volume of out-of-State municipal
solid waste received in 1993;
``(iii) the place of origin of the out-of-
State municipal solid waste received; and
``(iv) the type of out-of-State municipal
solid waste received.
``(B) False or misleading information.--
Documentation submitted under subparagraph (A) shall be
made under penalty of perjury under State law for the
submission of false or misleading information.
``(C) Availability of documentation.--The owner or
operator of a facility that receives out-of-State
municipal solid waste under subparagraph (A)--
``(i) shall make available for inspection
by the public in the local community a copy of
the documentation submitted under subparagraph
(A); but
``(ii) may omit any proprietary information
contained in the documentation.
``(3) Bi-state metropolitan statistical areas.--
``(A) In general.--A facility in a State may
receive out-of-State municipal solid waste if the out-
of-State municipal solid waste is generated in, and the
facility is located in, the same bi-State level A
metropolitan statistical area (as defined and listed by
the Director of the Office of Management and Budget as
of the date of enactment of this section) that
contains 2 contiguous major cities, each of which is in a different
State.
``(B) Governor agreement.--A facility described in
subparagraph (A) may receive out-of-State municipal
solid waste only if the Governor of each State in the
bi-State metropolitan statistical area agrees that the
facility may receive out-of-State municipal solid
waste.
``(f) Required Compliance.--A facility may not receive out-of-State
municipal solid waste under subsection (c), (d), or (e) at any time at
which the State has determined that--
``(1) the facility is not in compliance with applicable
Federal and State laws (including regulations) relating to--
``(A) facility design and operation; and
``(B)(i) in the case of a landfill--
``(I) facility location standards;
``(II) leachate collection standards;
``(III) ground water monitoring standards;
and
``(IV) standards for financial assurance
and for closure, postclosure, and corrective
action; and
``(ii) in the case of an incinerator, the
applicable requirements of section 129 of the Clean Air
Act (42 U.S.C. 7429); and
``(2) the noncompliance constitutes a threat to human
health or the environment.
``(g) Authority To Limit Receipt of Out-of-State Municipal Solid
Waste.--
``(1) Limits on quantity of waste received.--
``(A) Limit for all facilities in the state.--
``(i) In general.--A State may limit the
quantity of out-of-State municipal solid waste
received annually at each facility in the State
to the quantity described in paragraph (2).
``(ii) No conflict.--
``(I) In general.--A limit under
clause (i) shall not conflict with--
``(aa) an authorization to
receive out-of-State municipal
solid waste contained in a
permit; or
``(bb) a host community
agreement entered into between
the owner or operator of a
facility and the affected local
government.
``(II) Conflict.--A limit shall be
treated as conflicting with a permit or
host community agreement if the permit
or host community agreement establishes
a higher limit, or if the permit or
host community agreement does not
establish a limit, on the quantity of
out-of-State municipal solid waste that
may be received annually at the
facility.
``(B) Limit for particular facilities.--
``(i) In general.--An affected local
government that has not executed a host
community agreement with a particular facility
may limit the quantity of out-of-State
municipal solid waste received annually at the
facility to the quantity specified in paragraph
(2).
``(ii) No conflict.--A limit under clause
(i) shall not conflict with an authorization to
receive out-of-State municipal solid waste
contained in a permit.
``(C) Effect on other laws.--Nothing in this
subsection supersedes any State law relating to
contracts.
``(2) Limit on quantity.--
``(A) In general.--For any facility that commenced
receiving documented out-of-State municipal solid waste
before the date of enactment of this section, the
quantity referred to in paragraph (1) for any year
shall be equal to the quantity of out-of-State
municipal solid waste received at the facility during
calendar year 1993.
``(B) Documentation.--
``(i) Contents.--Documentation submitted
under subparagraph (A) shall include
information about--
``(I) the date of receipt of the
out-of-State municipal solid waste;
``(II) the volume of out-of-State
municipal solid waste received in 1993;
``(III) the place of origin of the
out-of-State municipal solid waste
received; and
``(IV) the type of out-of-State
municipal solid waste received.
``(ii) False or misleading information.--
Documentation submitted under subparagraph (A)
shall be made under penalty of perjury under
State law for the submission of false or
misleading information.
``(3) No discrimination.--In establishing a limit under
this subsection, a State shall act in a manner that does not
discriminate against any shipment of out-of-State municipal
solid waste on the basis of State of origin.
``(h) Authority To Limit Receipt of Out-of-State Municipal Solid
Waste to Declining Percentages of Quantities Received During 1993.--
``(1) In general.--A State in which facilities received
more than 650,000 tons of out-of-State municipal solid waste in
calendar year 1993 may establish a limit on the quantity of
out-of-State municipal solid waste that may be received at all
facilities in the State described in subsection (e)(2) in the
following quantities:
``(A) In calendar year 2004, 95 percent of the
quantity received in calendar year 1993.
``(B) In each of calendar years 2005 through 2008,
95 percent of the quantity received in the previous
year.
``(C) In each calendar year after calendar year
2008, 65 percent of the quantity received in calendar
year 1993.
``(2) Uniform applicability.--A limit under paragraph (1)
shall apply uniformly--
``(A) to the quantity of out-of-State municipal
solid waste that may be received at all facilities in
the State that received out-of-State municipal solid
waste in calendar year 1993; and
``(B) for each facility described in clause (i), to
the quantity of out-of-State municipal solid waste that
may be received from each State that generated out-of-
State municipal solid waste received at the facility in
calendar year 1993.
``(3) Notice.--Not later than 90 days before establishing a
limit under paragraph (1), a State shall provide notice of the
proposed limit to each State from which municipal solid waste
was received in calendar year 1993.
``(4) Alternative authorities.--If a State exercises
authority under this subsection, the State may not thereafter
exercise authority under subsection (g).
``(i) Cost Recovery Surcharge.--
``(1) Definitions.--In this subsection:
``(A) Cost.--The term `cost' means a cost incurred
by the State for the implementation of State laws
governing the processing, combustion, or disposal of
municipal solid waste, limited to--
``(i) the issuance of new permits and
renewal of or modification of permits;
``(ii) inspection and compliance
monitoring;
``(iii) enforcement; and
``(iv) costs associated with technical
assistance, data management, and collection of
fees.
``(B) Processing.--The term `processing' means any
activity to reduce the volume of municipal solid waste
or alter the chemical, biological or physical state of
municipal solid waste, through processes such as
thermal treatment, bailing, composting, crushing,
shredding, separation, or compaction.
``(2) Authority.--A State may authorize, impose, and
collect a cost recovery charge on the processing or disposal of
out-of-State municipal solid waste in the State in accordance
with this subsection.
``(3) Amount of surcharge.--The amount of a cost recovery
surcharge--
``(A) may be no greater than the amount necessary
to recover those costs determined in conformance with
paragraph (5); and
``(B) in no event may exceed $3.00 per ton of
waste.
``(4) Use of surcharge collected.--All cost recovery
surcharges collected by a State under this subsection shall be
used to fund solid waste management programs, administered by
the State or a political subdivision of the State, that incur
costs for which the surcharge is collected.
``(5) Conditions.--
``(A) In general.--Subject to subparagraphs (B) and
(C), a State may impose and collect a cost recovery
surcharge on the processing or disposal within the
State of out-of-State municipal solid waste if--
``(i) the State demonstrates a cost to the
State arising from the processing or disposal
within the State of a volume of municipal solid
waste from a source outside the State;
``(ii) the surcharge is based on those
costs to the State demonstrated under
subparagraph (A) that, if not paid for through
the surcharge, would otherwise have to be paid
or subsidized by the State; and
``(iii) the surcharge is compensatory and
is not discriminatory.
``(B) Prohibition of surcharge.--In no event shall
a cost recovery surcharge be imposed by a State to the
extent that--
``(i) the cost for which recovery is sought
is otherwise paid, recovered, or offset by any
other fee or tax paid to the State or a
political subdivision of the State; or
``(ii) to the extent that the amount of the
surcharge is offset by voluntary payments to a
State or a political subdivision of the State,
in connection with the generation,
transportation, treatment, processing, or
disposal of solid waste.
``(C) Subsidy; non-discrimination.--The grant of a
subsidy by a State with respect to entities disposing
of waste generated within the State does not constitute
discrimination for purposes of subparagraph (A).
``(j) Implementation and Enforcement.--A State may adopt such laws
(including regulations), not inconsistent with this section, as are
appropriate to implement and enforce this section, including provisions
for penalties.
``(k) Annual State Report.--
``(1) Facilities.--On February 1, 2004, and on February 1
of each subsequent year, the owner or operator of each facility
that receives out-of-State municipal solid waste shall submit
to the State information specifying--
``(A) the quantity of out-of-State municipal solid
waste received during the preceding calendar year; and
``(B) the State of origin of the out-of-State
municipal solid waste received during the preceding
calendar year.
``(2) Transfer stations.--
``(A) Definition of receive for transfer.--In this
paragraph, the term `receive for transfer' means
receive for temporary storage pending transfer to
another State or facility.
``(B) Report.--On February 1, 2004, and on February
1 of each subsequent year, the owner or operator of
each transfer station that receives for transfer out-
of-State municipal solid waste shall submit to the
State a report describing--
``(i) the quantity of out-of-State
municipal solid waste received for transfer
during the preceding calendar year;
``(ii) each State of origin of the out-of-
State municipal solid waste received for
transfer during the preceding calendar year;
and
``(iii) each State of destination of the
out-of-State municipal solid waste transferred
from the transfer station during the preceding
calendar year.
``(3) No preclusion of state requirements.--The
requirements of paragraphs (1) and (2) do not preclude any
State requirement for more frequent reporting.
``(4) False or misleading information.--Documentation
submitted under paragraphs (1) and (2) shall be made under
penalty of perjury under State law for the submission of false
or misleading information.
``(5) Report.--On March 1, 2004, and on March 1 of each
year thereafter, each State to which information is submitted
under paragraphs (1) and (2) shall publish and make available
to the public a report containing information on the quantity
of out-of-State municipal solid waste received for disposal and
received for transfer in the State during the preceding
calendar year.''.
(b) Conforming Amendment.--The table of contents of the Solid Waste
Disposal Act (42 U.S.C. prec. 6901) is amended by adding after the item
relating to section 4010 the following:
``Sec. 4011. Authority to prohibit or limit receipt of out-of-State
municipal solid waste at existing
facilities.''.
SEC. 3. AUTHORITY TO DENY PERMITS FOR OR IMPOSE PERCENTAGE LIMITS ON
RECEIPT OF OUT-OF-STATE MUNICIPAL SOLID WASTE AT NEW
FACILITIES.
(a) Amendment.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) (as amended by section 2(a)), is amended by adding
after section 4011 the following:
``SEC. 4012. AUTHORITY TO DENY PERMITS FOR OR IMPOSE PERCENTAGE LIMITS
ON RECEIPT OF OUT-OF-STATE MUNICIPAL SOLID WASTE AT NEW
FACILITIES.
``(a) Definitions.--In this section:
``(1) Terms defined in section 4011.--The terms
`authorization to receive out-of-State municipal solid waste',
`disposal', `existing host community agreement', `host
community agreement', `municipal solid waste', `out-of-State
municipal solid waste', and `receive' have the meaning given
those terms, respectively, in section 4011.
``(2) Other terms.--The term `facility' means a landfill,
incinerator, or other enterprise that receives out-of-State
municipal solid waste on or after the date of enactment of this
section.
``(b) Authority To Deny Permits or Impose Percentage Limits.--
``(1) Alternative authorities.--In any calendar year, a
State may exercise the authority under either paragraph (2) or
paragraph (3), but may not exercise the authority under both
paragraphs (2) and (3).
``(2) Authority to deny permits.--A State may deny a permit
for the construction or operation of or a major modification to
a facility if--
``(A) the State has approved a State or local
comprehensive municipal solid waste management plan
developed under Federal or State law; and
``(B) the denial is based on a determination, under
a State law authorizing the denial, that there is not a
local or regional need for the facility in the State.
``(3) Authority to impose percentage limit.--A State may
provide by law that a State permit for the construction,
operation, or expansion of a facility shall include the
requirement that not more than a specified percentage (which
shall be not less than 20 percent) of the total quantity of
municipal solid waste received annually at the facility shall
be out-of-State municipal solid waste.
``(c) New Host Community Agreements.--
``(1) In general.--Notwithstanding subsection (b)(3), a
facility operating under an existing host community agreement
that contains an authorization to receive out-of-State
municipal solid waste in a specific quantity annually may
receive that quantity.
``(2) No effect on state permit denial.--Nothing in
paragraph (1) authorizes a facility described in that paragraph
to receive out-of-State municipal solid waste if the State has
denied a permit to the facility under subsection (b)(2).
``(d) Uniform and Nondiscriminatory Application.--A law under
subsection (b) or (c)--
``(1) shall be applicable throughout the State;
``(2) shall not directly or indirectly discriminate against
any particular facility; and
``(3) shall not directly or indirectly discriminate against
any shipment of out-of-State municipal solid waste on the basis
of place of origin.''.
(b) Conforming Amendment.--The table of contents in section 1001 of
the Solid Waste Disposal Act (42 U.S.C. prec. 6901) (as amended by
section 1(b)) is amended by adding at the end of the items relating to
subtitle D the following:
``Sec. 4012. Authority to deny permits for or impose percentage limits
on new facilities.''.
SEC. 4. CONSTRUCTION AND DEMOLITION WASTE.
(a) Amendment.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) (as amended by section 3(a)), is amended by adding
after section 4012 the following:
``SEC. 4013. CONSTRUCTION AND DEMOLITION WASTE.
``(a) Definitions.--In this section:
``(1) Terms defined in section 4011.--The terms `affected
local government', `Governor', and `receive' have the meanings
given those terms, respectively, in section 4011.
``(2) Other terms.--
``(A) Base year quantity.--The term `base year
quantity' means--
``(i) the annual quantity of out-of-State
construction and demolition debris received at
a State in calendar year 2004, as determined
under subsection (c)(2)(B)(i); or
``(ii) in the case of an expedited
implementation under subsection (c)(5), the
annual quantity of out-of-State construction
and demolition debris received in a State in
calendar year 2003.
``(B) Construction and demolition waste.--
``(i) In general.--The term `construction
and demolition waste' means debris resulting
from the construction, renovation, repair, or
demolition of or similar work on a structure.
``(ii) Exclusions.--The term `construction
and demolition waste' does not include debris
that--
``(I) is commingled with municipal
solid waste; or
``(II) is contaminated, as
determined under subsection (b).
``(C) Facility.--The term `facility' means any
enterprise that receives construction and demolition
waste on or after the date of enactment of this
section, including landfills.
``(D) Out-of-state construction and demolition
waste.--The term `out-of-State construction and
demolition waste' means--
``(i) with respect to any State,
construction and demolition debris generated
outside the State; and
``(ii) construction and demolition debris
generated outside the United States, unless the
President determines that treatment of the
construction and demolition debris as out-of-
State construction and demolition waste under
this section would be inconsistent with the
North American Free Trade Agreement or the
Uruguay Round Agreements (as defined in section
2 of the Uruguay Round Agreements Act (19
U.S.C. 3501)).
``(b) Contaminated Construction and Demolition Debris.--
``(1) In general.--For the purpose of determining whether
debris is contaminated, the generator of the debris shall
conduct representative sampling and analysis of the debris.
``(2) Submission of results.--Unless not required by the
affected local government, the results of the sampling and
analysis under paragraph (1) shall be submitted to the affected
local government for recordkeeping purposes only.
``(3) Disposal of contaminated debris.--Any debris
described in subsection (a)(2)(B)(i) that is determined to be
contaminated shall be disposed of in a landfill that meets the
requirements of this Act.
``(c) Limit on Construction and Demolition Waste.--
``(1) In general.--A State may establish a limit on the
annual amount of out-of-State construction and demolition waste
that may be received at landfills in the State.
``(2) Required action by the state.--A State that seeks to
limit the receipt of out-of-State construction and demolition
waste received under this section shall--
``(A) not later than January 1, 2004, establish and
implement reporting requirements to determine the
quantity of construction and demolition waste that is--
``(i) disposed of in the State; and
``(ii) imported into the State; and
``(B) not later than March 1, 2005--
``(i) establish the annual quantity of out-
of-State construction and demolition waste
received during calendar year 2004; and
``(ii) report the tonnage received during
calendar year 2004 to the Governor of each
exporting State.
``(3) Reporting by facilities.--
``(A) In general.--Each facility that receives out-
of-State construction and demolition debris shall
report to the State in which the facility is located
the quantity and State of origin of out-of-State
construction and demolition debris received--
``(i) in calendar year 2003, not later than
February 1, 2004; and
``(ii) in each subsequent calendar year,
not later than February 1 of the calendar year
following that year.
``(B) No preclusion of state requirements.--The
requirement of subparagraph (A) does not preclude any
State requirement for more frequent reporting.
``(C) Penalty.--Each submission under this
paragraph shall be made under penalty of perjury under
State law.
``(4) Limit on debris received.--
``(A) Ratchet.--A State in which facilities receive
out-of-State construction and demolition debris may
decrease the quantity of construction and demolition
debris that may be received at each facility to an
annual percentage of the base year quantity specified
in subparagraph (B).
``(B) Reduced annual percentages.--A limit on out-
of-State construction and demolition debris imposed by
a State under subparagraph (A) shall be equal to--
``(i) in calendar year 2005, 95 percent of
the base year quantity;
``(ii) in calendar year 2006, 90 percent of
the base year quantity;
``(iii) in calendar year 2007, 85 percent
of the base year quantity;
``(iv) in calendar year 2008, 80 percent of
the base year quantity;
``(v) in calendar year 2009, 75 percent of
the base year quantity;
``(vi) in calendar year 2010, 70 percent of
the base year quantity;
``(vii) in calendar year 2011, 65 percent
of the base year quantity;
``(viii) in calendar year 2012, 60 percent
of the base year quantity;
``(ix) in calendar year 2013, 55 percent of
the base year quantity; and
``(x) in calendar year 2014 and in each
subsequent year, 50 percent of the base year
quantity.
``(5) Expedited implementation.--
``(A) Ratchet.--A State in which facilities receive
out-of-State construction and demolition debris may
decrease the quantity of construction and demolition
debris that may be received at each facility to an
annual percentage of the base year quantity specified
in subparagraph (B) if--
``(i) on the date of enactment of this
section, the State has determined the quantity
of construction and demolition waste received
in the State in calendar year 2003; and
``(ii) the State complies with paragraphs
(2) and (3).
``(B) Expedited reduced annual percentages.--An
expedited implementation of a limit on the receipt of
out-of-State construction and demolition debris imposed
by a State under subparagraph (A) shall be equal to--
``(i) in calendar year 2004, 95 percent of
the base year quantity;
``(ii) in calendar year 2005, 90 percent of
the base year quantity;
``(iii) in calendar year 2006, 85 percent
of the base year quantity;
``(iv) in calendar year 2007, 80 percent of
the base year quantity;
``(v) in calendar year 2008, 75 percent of
the base year quantity;
``(vi) in calendar year 2009, 70 percent of
the base year quantity;
``(vii) in calendar year 2010, 65 percent
of the base year quantity;
``(viii) in calendar year 2011, 60 percent
of the base year quantity;
``(ix) in calendar year 2012, 55 percent of
the base year quantity; and
``(x) in calendar year 2013 and in each
subsequent year, 50 percent of the base year
quantity.''.
(b) Conforming Amendment.--The table of contents in section 1001 of
the Solid Waste Disposal Act (42 U.S.C. prec. 6901) (as amended by
section 3(b)), is amended by adding at the end of the items relating to
subtitle D the following:
``Sec. 4013. Construction and demolition debris.''.
SEC. 5. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL MUNICIPAL SOLID
WASTE FLOW CONTROL.
(a) Amendment of Subtitle D.--Subtitle D of the Solid Waste
Disposal Act (42 U.S.C. 6941 et seq.) (as amended by section 4(a)) is
amended by adding after section 4013 the following:
``SEC. 4014. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL GOVERNMENT
CONTROL OVER MOVEMENT OF MUNICIPAL SOLID WASTE AND
RECYCLABLE MATERIALS.
``(a) Flow Control Authority for Facilities Previously
Designated.--Any State or political subdivision thereof is authorized
to exercise flow control authority to direct the movement of municipal
solid waste and recyclable materials voluntarily relinquished by the
owner or generator thereof to particular waste management facilities,
or facilities for recyclable materials, designated as of the suspension
date, if each of the following conditions are met:
``(1) The waste and recyclable materials are generated
within the jurisdictional boundaries of such State or political
subdivision, as such jurisdiction was in effect on the
suspension date.
``(2) Such flow control authority is imposed through the
adoption or execution of a law, ordinance, regulation,
resolution, or other legally binding provision or official act
of the State or political subdivision that--
``(A) was in effect on the suspension date;
``(B) was in effect prior to the issuance of an
injunction or other order by a court based on a ruling
that such law, ordinance, regulation, resolution, or
other legally binding provision or official act
violated the Commerce Clause of the United States
Constitution; or
``(C) was in effect immediately prior to suspension
or partial suspension thereof by legislative or
official administrative action of the State or
political subdivision expressly because of the
existence of an injunction or other court order of the
type described in subparagraph (B) issued by a court of
competent jurisdiction.
``(3) The State or a political subdivision thereof has, for
one or more of such designated facilities--
``(A) on or before the suspension date, presented
eligible bonds for sale;
``(B) on or before the suspension date, issued a
written public declaration or regulation stating that
bonds would be issued and held hearings regarding such
issuance, and subsequently presented eligible bonds for
sale within 180 days of the declaration or regulation;
or
``(C) on or before the suspension date, executed a
legally binding contract or agreement that--
``(i) was in effect as of the suspension
date;
``(ii) obligates the delivery of a minimum
quantity of municipal solid waste or recyclable
materials to one or more such designated waste
management facilities or facilities for
recyclable materials; and
``(iii) either--
``(I) obligates the State or
political subdivision to pay for that
minimum quantity of waste or recyclable
materials even if the stated minimum
quantity of such waste or recyclable
materials is not delivered within a
required timeframe; or
``(II) otherwise imposes liability
for damages resulting from such
failure.
``(b) Waste Stream Subject to Flow Control.--Subsection (a)
authorizes only the exercise of flow control authority with respect to
the flow to any designated facility of the specific classes or
categories of municipal solid waste and voluntarily relinquished
recyclable materials to which such flow control authority was
applicable on the suspension date and--
``(1) in the case of any designated waste management
facility or facility for recyclable materials that was in
operation as of the suspension date, only if the facility
concerned received municipal solid waste or recyclable
materials in those classes or categories on or before the
suspension date; and
``(2) in the case of any designated waste management
facility or facility for recyclable materials that was not yet
in operation as of the suspension date, only of the classes or
categories that were clearly identified by the State or
political subdivision as of the suspension date to be flow
controlled to such facility.
``(c) Duration of Flow Control Authority.--Flow control authority
may be exercised pursuant to this section with respect to any facility
or facilities only until the later of the following:
``(1) The final maturity date of the bond referred to in
subsection (a)(3)(A) or (B).
``(2) The expiration date of the contract or agreement
referred to in subsection (a)(3)(C).
``(3) The adjusted expiration date of a bond issued for a
qualified environmental retrofit.
The dates referred to in paragraphs (1) and (2) shall be determined
based upon the terms and provisions of the bond or contract or
agreement. In the case of a contract or agreement described in
subsection (a)(3)(C) that has no specified expiration date, for
purposes of paragraph (2) of this subsection the expiration date shall
be the first date that the State or political subdivision that is a
party to the contract or agreement can withdraw from its
responsibilities under the contract or agreement without being in
default thereunder and without substantial penalty or other substantial
legal sanction. The expiration date of a contract or agreement referred
to in subsection (a)(3)(C) shall be deemed to occur at the end of the
period of an extension exercised during the term of the original
contract or agreement, if the duration of that extension was specified
by such contract or agreement as in effect on the suspension date.
``(d) Indemnification for Certain Transportation.--Notwithstanding
any other provision of this section, no State or political subdivision
may require any person to transport municipal solid waste or recyclable
materials, or to deliver such waste or materials for transportation, to
any active portion of a municipal solid waste landfill unit if
contamination of such active portion is a basis for listing of the
municipal solid waste landfill unit on the National Priorities List
established under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 unless such State or political
subdivision or the owner or operator of such landfill unit has
indemnified that person against all liability under that Act with
respect to such waste or materials.
``(e) Ownership of Recyclable Materials.--Nothing in this section
shall authorize any State or political subdivision to require any
person to sell or transfer any recyclable materials to such State or
political subdivision.
``(f) Limitation on Revenue.--A State or political subdivision may
exercise the flow control authority granted in this section only if the
State or political subdivision limits the use of any of the revenues it
derives from the exercise of such authority to the payment of one or
more of the following:
``(1) Principal and interest on any eligible bond.
``(2) Principal and interest on a bond issued for a
qualified environmental retrofit.
``(3) Payments required by the terms of a contract referred
to in subsection (a)(3)(C).
``(4) Other expenses necessary for the operation and
maintenance and closure of designated facilities and other
integral facilities identified by the bond necessary for the
operation and maintenance of such designated facilities.
``(5) To the extent not covered by paragraphs (1) through
(4), expenses for recycling, composting, and household
hazardous waste activities in which the State or political
subdivision was engaged before the suspension date. The amount
and nature of payments described in this paragraph shall be
fully disclosed to the public annually.
``(g) Interim Contracts.--A contract of the type referred to in
subsection (a)(3)(C) that was entered into during the period--
``(1) before November 10, 1995, and after the effective
date of any applicable final court order no longer subject to
judicial review specifically invalidating the flow control
authority of the applicable State or political subdivision; or
``(2) after the applicable State or political subdivision
refrained pursuant to legislative or official administrative
action from enforcing flow control authority expressly because
of the existence of a court order of the type described in
subsection (a)(2)(B) issued by a court of the same State or the
Federal judicial circuit within which such State is located and
before the effective date on which it resumes enforcement of
flow control authority after enactment of this section,
shall be fully enforceable in accordance with State law.
``(h) Areas With Pre-1984 Flow Control.--
``(1) General authority.--A State that on or before January
1, 1984--
``(A) adopted regulations under a State law that
required or directed transportation, management, or
disposal of municipal solid waste from residential,
commercial, institutional, or industrial sources (as
defined under State law) to specifically identified
waste management facilities, and applied those
regulations to every political subdivision of the
State; and
``(B) subjected such waste management facilities to
the jurisdiction of a State public utilities
commission,
may exercise flow control authority over municipal solid waste
in accordance with the other provisions of this section.
``(2) Additional flow control authority.--A State or any
political subdivision of a State that meets the requirements of
paragraph (1) may exercise flow control authority over all
classes and categories of municipal solid waste that were
subject to flow control by that State or political subdivision
on May 16, 1994, by directing municipal solid waste from any
waste management facility that was designated as of May 16,
1994 to any other waste management facility in the State
without regard to whether the political subdivision in which
the municipal solid waste is generated had designated the
particular waste management facility or had issued a bond or
entered into a contract referred to in subparagraph (A) or (B)
of subsection (a)(3), respectively.
``(3) Duration of authority.--The authority to direct
municipal solid waste to any facility pursuant to this
subsection shall terminate with regard to such facility in
accordance with subsection (c).
``(i) Effect on Authority of States and Political Subdivisions.--
Nothing in this section shall be interpreted--
``(1) to authorize a political subdivision to exercise the
flow control authority granted by this section in a manner
inconsistent with State law;
``(2) to permit the exercise of flow control authority over
municipal solid waste and recyclable materials to an extent
greater than the maximum volume authorized by State permit to
be disposed at the waste management facility or processed at
the facility for recyclable materials;
``(3) to limit the authority of any State or political
subdivision to place a condition on a franchise, license, or
contract for municipal solid waste or recyclable materials
collection, processing, or disposal; or
``(4) to impair in any manner the authority of any State or
political subdivision to adopt or enforce any law, ordinance,
regulation, or other legally binding provision or official act
relating to the movement or processing of municipal solid waste
or recyclable materials which does not constitute
discrimination against or an undue burden upon interstate
commerce.
``(j) Effective Date.--The provisions of this section shall take
effect with respect to the exercise by any State or political
subdivision of flow control authority on or after the date of enactment
of this section. Such provisions, other than subsection (d), shall also
apply to the exercise by any State or political subdivision of flow
control authority before such date of enactment, except that nothing in
this section shall affect any final judgment that is no longer subject
to judicial review as of the date of enactment of this section insofar
as such judgment awarded damages based on a finding that the exercise
of flow control authority was unconstitutional.
``(k) State Solid Waste District Authority.--In addition to any
other flow control authority authorized under this section a solid
waste district or a political subdivision of a State may exercise flow
control authority for a period of 20 years after the enactment of this
section, for municipal solid waste and for recyclable materials that is
generated within its jurisdiction if--
``(1) the solid waste district, or a political subdivision
within such district, is required through a recyclable
materials recycling program to meet a municipal solid waste
reduction goal of at least 30 percent by the year 2005, and
uses revenues generated by the exercise of flow control
authority strictly to implement programs to manage municipal
solid waste and recyclable materials, other than incineration
programs; and
``(2) prior to the suspension date, the solid waste
district, or a political subdivision within such district--
``(A) was responsible under State law for the
management and regulation of the storage, collection,
processing, and disposal of solid wastes within its
jurisdiction;
``(B) was authorized by State statute (enacted
prior to January 1, 1992) to exercise flow control
authority, and subsequently adopted or sought to
exercise the authority through a law, ordinance,
regulation, regulatory proceeding, contract, franchise,
or other legally binding provision; and
``(C) was required by State statute (enacted prior
to January 1, 1992) to develop and implement a solid
waste management plan consistent with the State solid
waste management plan, and the district solid waste
management plan was approved by the appropriate State
agency prior to September 15, 1994.
``(l) Special Rule for Certain Consortia.--For purposes of this
section, if--
``(1) two or more political subdivisions are members of a
consortium of political subdivisions established to exercise
flow control authority with respect to any waste management
facility or facility for recyclable materials;
``(2) all of such members have either presented eligible
bonds for sale or executed contracts with the owner or operator
of the facility requiring use of such facility;
``(3) the facility was designated as of the suspension date
by at least one of such members;
``(4) at least one of such members has met the requirements
of subsection (a)(2) with respect to such facility; and
``(5) at least one of such members has presented eligible
bonds for sale, or entered into a contract or agreement
referred to in subsection (a)(3)(C), on or before the
suspension date, for such facility,
the facility shall be treated as having been designated, as of May 16,
1994, by all members of such consortium, and all such members shall be
treated as meeting the requirements of subsection (a)(2) and (3) with
respect to such facility.
``(m) Recovery of Damages.--
``(1) Prohibition.--No damages, interest on damages, costs,
or attorneys' fees may be recovered in any claim against any
State or local government, or official or employee thereof, based on
the exercise of flow control authority on or before May 16, 1994.
``(2) Applicability.--Paragraph (1) shall apply to cases
commenced on or after the date of enactment of the Municipal
Solid Waste Interstate Transportation and Local Authority Act
of 2003, and shall apply to cases commenced before such date
except cases in which a final judgment no longer subject to
judicial review has been rendered.
``(n) Definitions.--For the purposes of this section--
``(1) Adjusted expiration date.--The term `adjusted
expiration date' means, with respect to a bond issued for a
qualified environmental retrofit, the earlier of the final
maturity date of such bond or 15 years after the date of
issuance of such bond.
``(2) Bond issued for a qualified environmental retrofit.--
The term `bond issued for a qualified environmental retrofit'
means a bond described in paragraph (4)(A) or (B), the proceeds
of which are dedicated to financing the retrofitting of a
resource recovery facility or a municipal solid waste
incinerator necessary to comply with section 129 of the Clean
Air Act, provided that such bond is presented for sale before
the expiration date of the bond or contract referred to in subsection
(a)(3)(A), (B), or (C) that is applicable to such facility and no later
than December 31, 1999.
``(3) Designated.--The term `designated' means identified
by a State or political subdivision for receipt of all or any
portion of the municipal solid waste or recyclable materials
that is generated within the boundaries of the State or
political subdivision. Such designation includes designation
through--
``(A) bond covenants, official statements, or other
official financing documents issued by a State or
political subdivision issuing an eligible bond; and
``(B) the execution of a contract of the type
described in subsection (a)(3)(C),
in which one or more specific waste management facilities are
identified as the requisite facility or facilities for receipt
of municipal solid waste or recyclable materials generated
within the jurisdictional boundaries of that State or political
subdivision.
``(4) Eligible bond.--The term `eligible bond' means--
``(A) a revenue bond or similar instrument of
indebtedness pledging payment to the bondholder or
holder of the debt of identified revenues; or
``(B) a general obligation bond,
the proceeds of which are used to finance one or more
designated waste management facilities, facilities for
recyclable materials, or specifically and directly related
assets, development costs, or finance costs, as evidenced by
the bond documents.
``(5) Flow control authority.--The term `flow control
authority' means the regulatory authority to control the
movement of municipal solid waste or voluntarily relinquished
recyclable materials and direct such solid waste or recyclable
materials to one or more designated waste management facilities
or facilities for recyclable materials within the boundaries of
a State or political subdivision.
``(6) Municipal solid waste.--The term `municipal solid
waste' has the meaning given that term in section 4011, except
that such term--
``(A) includes waste material removed from a septic
tank, septage pit, or cesspool (other than from
portable toilets); and
``(B) does not include--
``(i) any substance the treatment and
disposal of which is regulated under the Toxic
Substances Control Act;
``(ii) waste generated during scrap
processing and scrap recycling; or
``(iii) construction and demolition debris,
except where the State or political subdivision
had on or before January 1, 1989, issued
eligible bonds secured pursuant to State or
local law requiring the delivery of
construction and demolition debris to a waste
management facility designated by such State or
political subdivision.
``(7) Political subdivision.--The term `political
subdivision' means a city, town, borough, county, parish,
district, or public service authority or other public body
created by or pursuant to State law with authority to present
for sale an eligible bond or to exercise flow control
authority.
``(8) Recyclable materials.--The term `recyclable
materials' means any materials that have been separated from
waste otherwise destined for disposal (either at the source of
the waste or at processing facilities) or that have been
managed separately from waste destined for disposal, for the
purpose of recycling, reclamation, composting of organic
materials such as food and yard waste, or reuse (other than for
the purpose of incineration). Such term includes scrap tires to
be used in resource recovery.
``(9) Suspension date.--The term `suspension date' means,
with respect to a State or political subdivision--
``(A) May 16, 1994;
``(B) the date of an injunction or other court
order described in subsection (a)(2)(B) that was issued
with respect to that State or political subdivision; or
``(C) the date of a suspension or partial
suspension described in subsection (a)(2)(C) with
respect to that State or political subdivision.
``(10) Waste management facility.--The term `waste
management facility' means any facility for separating,
storing, transferring, treating, processing, combusting, or
disposing of municipal solid waste.''.
(b) Table of Contents.--The table of contents in section 1001 of
the Solid Waste Disposal Act (42 U.S.C. prec. 6901) (as amended by
section 4(b)), is amended by adding at the end of the items relating to
subtitle D the following:
``Sec. 4014. Congressional authorization of State and local government
control over movement of municipal solid
waste and recyclable materials.''.
SEC. 6. EFFECT ON INTERSTATE COMMERCE.
No action by a State or affected local government under an
amendment made by this Act shall be considered to impose an undue
burden on interstate commerce or to otherwise impair, restrain, or
discriminate against interstate commerce.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S2602-2603)
Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S2603-2609)
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