Waste and Recycling Issues Make Progress in Congress and State Legislatures

Jim Riley with Patrick Bennett, Abby Blocker, Lew Dubuque, and Katie Evans

President Joseph R. Biden unveiled his FY2023 budget on March 28, barely two weeks after he signed a $1.5 trillion omnibus appropriations bill into law to fund the federal government through the end of FY2022. This is just one example of how Congress has been late to act on matters, with another being a $10 billion coronavirus aid package that is close to being finalized.

One area where we have seen Congress begin to move forward in a bipartisan manner is on waste and recycling issues. National Waste & Recycling Association (NWRA) Chairman Ben Harvey testified on February 2 before the U.S. Senate Committee on Environment and Public Works on legislative proposals to improve domestic recycling and composting programs. Subsequently, Sens. Tom Carper (D-DE), Shelley Moore Capito (R-WV) and John Boozman (R-AR) introduced the Recycling and Composting Accountability Act and the Recycling Infrastructure and Accessibility Act, which are focused on improving recycling and composting systems.

States have been preoccupied with drawing new legislative district lines at both the state and congressional levels as part of the redistricting process that happens once every 10 years. This work would typically have been performed last year; however, a delay in the 2020 census data due to the pandemic and the change in administrations caused it to be pushed into this year’s sessions. As a result, many other matters that they would typically be addressing have been placed on the back burner.

Despite this, NWRA’s chapters have been actively engaged with state legislatures across the country on a variety of issues of significant importance to the industry.

In Alabama, HB 304, which helps clarify existing code regarding host government approval of applications and modifications for the landfill permitting process, passed on March 17. One of NWRA’s chapter members who had been appointed to a commission on the matter testified on February 23 in support of the bill. He made it clear that the commission never intended to require multiple local government approvals regarding landfill permitting that is governed by the Alabama Department of Environmental Management.

NWRA’s Colorado chapter continues its weekly meetings to discuss the extended producer responsibility (EPR) bill (HB 22-1355) that has been introduced and HB 22-1159, “Waste Diversion And Circular Economy Development Center.” The chapter and other member lobbyists were successful in getting new language in HB 22-1159. Chapter members continue to meet with Recycle Colorado to discuss input on the EPR bill.   

In Connecticut, EPR legislation for paper and packaging was not on the legislature’s final agenda, effectively killing it for this legislative session.

The highest priority bill for the Florida chapter was House Bill 1475, which was unanimously approved by the House and the Senate on March 4. The bill requires the Department of Environmental Protection (DEP) to adopt statewide rules for cleanup target levels for per-and polyfluoroalkyl substances (PFAS) in drinking water, groundwater and soil under specified condition, with priority given to perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), if the U.S. Environmental Protection Agency (EPA) does not finalize its standards for PFAS in drinking water, groundwater and soil by January 1, 2025. The bill requires the rules to be ratified by the legislature in order to take effect. The bill specifies that until DEP’s rule has been ratified by the legislature, a governmental entity or private water supplier may not be subject to any administrative or judicial action brought by any state or local governmental entity to compel or enjoin site rehabilitation, to require payment for the cost of rehabilitation of environmental contamination, or to require payment of any fines or penalties regarding rehabilitation based on the presence of that PFAS constituent. The bill now goes to the governor for final action.

The Georgia chapter has been tracking HB 1511, HB 893 and HB 1272. Of note, HB 1511 would make it difficult to obtain a permit for a new landfill. The chapter also successfully worked on removing the strict requirements contained in Senate Bill 516 as it relates to the collection of solid waste management fees.

The Kentucky legislature passed SB 152, “Solid Waste Management Franchise” and HB 8, which is the majority party’s tax reform bill, both of which are now before the governor. HB 314, which allows for the establishment of new cities within the consolidated local government, passed but has been vetoed by the governor. The legislature plans to override the veto.

Massachusetts chapter members have been preparing public comments for EPR and bottle bill legislation just in case the legislature extends the bills past the March 31 deadline. The chapter is also following the regulatory revision process regarding anaerobic digestion.

Minnesota chapter members have held a flurry of meetings with legislators regarding bonding for waste infrastructure and concerns for displacement of existing private facilities.

NWRA’s Missouri chapter continues to battle a shingle “recycling” bill that would allow slightly modified shingles to be used as clean fill with almost no regulation. Concerns mount with a landfill ban in place across the river from St. Louis.

The New Jersey chapter’s lobbyists met with the sponsor of the state senate’s EPR bill. The senator expects hearings in late April or May but doubts there will be any movement on the bill this session.

In New York State, the assembly is pushing back against including EPR in the budget and wants to hash out the issue in the post-budget session. Plans are to introduce a new, stricter bill that will mirror Maine’s new EPR law.

In North Carolina, S60, "Disapprove Certain Solid Waste Rules," passed through the Environmental Management Commission’s (EMC) Solid Waste Committee and the full EMC Committee. It next goes to the public comment period.

Meanwhile, in South Carolina, the Greater Greenville Sanitation (GGS) subcommittee met and is optimistic about the group's traction with its grassroots campaign. Councilmembers are re-examining the daily operation of GGS and questioning its legality.

Ohio Gov. Mike DeWine (R) delivered his 2022 State of the State Address to the Ohio General Assembly on March 23. DeWine commented on distracted driving action. Changing the culture around using electronic devices while driving has been a priority of Gov. DeWine. More drivers putting down their phones and using hands-free technology will help prevent crashes, save lives and make our roads safer. He called on the General Assembly to pass House Bill 283.

Also in Ohio, the state EPA has shared an updated draft of conceptual changes it is proposing to make to Chapter 27-19 Landfill Operational Rules. NWRA members held an industry review call where they discussed the drafted rules. On SB 9 Reducing Regulations, there was a last-minute amendment submitted by the Ohio Manufacturers' Association. There are outstanding questions about how this change could affect regulatory EPA rules. Gov. DeWine signed the bill on March 10. In addition, HB27, “Increasing Penalty for Failing to Secure Vehicle Loads,” passed out of the House on March 2 favorably. 

The Texas chapter continues to follow elections within the state. The state held primaries on March 1, and incumbents fared well. However, it does appear that a few high-profile races will be heading to runoffs in May. For NWRA, this outcome means that we should expect consistency in the political and policy dynamics within the legislature. While there will be some jostling of chairmanships and a few new legislators, leadership is not likely to change in the chamber. 

NWRA continues to be at the forefront of both state and federal advocacy for the waste and recycling industry, representing the interests and concerns of its members wherever they may arise.

Jim Riley is the chief counsel and senior vice president, government affairs for the National Waste & Recycling Association. He has spent the past 25 years working in the fields of government relations for trade associations and election law for political campaigns. He holds a J.D. from the Catholic University of America’s Columbus School of Law and a B.A. from the College of the Holy Cross.