Volume 148, No. 45 covering the 2nd Session of the 107th Congress (2001 - 2002) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS” mentioning the Environmental Protection Agency was published in the Senate section on pages S3015-S3018 on April 22, 2002.
The publication is reproduced in full below:
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. FEINSTEIN:
S. 2217. A bill to designate the facility of the United States Postal Service located at 3101 West Sunflower Avenue in Santa Ana, as the
``Hector G. Godinez Post Office Building''; to the Committee on Governmental Affairs.
Mrs. FEINSTEIN. Mr. President, I rise to ask my colleagues to support a bill to name the Santa Ana, CA Post Office as the ``Hector G. Godinez Post Office Building.'' I introduced similar legislation the during the last session of Congress, and I hope, with the Senate's support, it will become law during this session.
Hector Godinez, who passed away in May of 1999, was a true leader in his community of Santa Ana, CA. He was a pioneer in the United States Postal Service rising from letter carrier to become the first Mexican-
American to achieve the rank of District Manager within the United States Postal Service. He served with honor in World War II, was a ardent civil rights activist and an active participant in civic organizations and local government.
After graduation from Santa Ana High School, Mr. Godinez enlisted into the armed services and was a tank commander in World War II under General George Patton. For his service, he earned a bronze star for bravery under fire and was also awarded a purple heart for wounds received in battle.
Upon his return home in 1946, Mr. Godinez started his first of 48 years of distinguished service as a United States postal worker.
Hector Godinez was a true pillar within the Santa Ana community devoting his tireless energy to such civic groups as the Orange County District Boy Scouts of America, Santa Ana Chamber of Commerce, Orange County YMCA and National President of the League of United Latin American Citizens, one of the country's oldest Hispanic civil rights organizations.
On behalf of the Godinez family and the people of Santa Ana, CA, it is my pleasure to introduce this bill to name the Santa Ana, CA Post in his honor.
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Mr. JEFFORDS:
S. 2220. A bill to amend the Solid Waste Disposal Act to require implementation by brand owners of management plans that provide refund values for certain beverage containers; to the Committee on Environment an Public Works.
Mr. JEFFORDS. Mr. President, I rise today in celebration of Earth Day to introduce the National Beverage Producer Responsibility Act of 2002. This legislation will increase recycling, reduce litter, save energy, create jobs, decrease the generation of waste and proliferation of landfills, and supply recyclable materials for a high-demand market.
The estimated 1999 recycling rate for aluminum, glass and plastic beverage containers was 41 percent when measured by units and 30 percent when measured by weight. This is unacceptable. We have many laws in place holding industries responsible for their actions; the beverage industry should not be exempt.
The arguments for increasing the beverage container recycling rate to 80 percent could not be more timely. This redemption rate would save the equivalent of 640 million barrels of oil in the next decade. Based on 1999 figures, recycled containers accounted for a reduction of greenhouse gas emissions by 4,093,000 metric tons, or about 79 pounds for each of 103.9 million households in the U.S. Analysis shows that land filling the containers recycled in 1999 would have required the use of about 20 million cubic yards of landfill space. A single landfill of this size, with a depth of 300 feet, would cover an area of about 40 acres. Recycling is an easy way to ease our dependence on foreign oil, reduce greenhouse gas emissions, and conserve natural resources.
Ten States, including Vermont, attest to the success of deposit legislation, commonly called bottle bills. Vermont, whose law passed in 1972, has one of the highest redemption rates in the nation, 95 to 98 percent of deposit-bearing containers are recycled. The popularity behind the issue grows every year; thirty bottle bills were introduced this year in State legislatures across this country.
The National Beverage Producer Responsibility Act of 2002 is a new approach to the traditional bottle bill legislation, which prescribes specific roles and responsibilities for retailers and distributors. Some believe that these prescriptive provisions constrain the industry from innovating more cost-effective solutions to the beverage container management challenge.
The National Beverage Producer Responsibility Act sets a performance standard which industry must meet and allows industry the freedom to design the most efficient deposit-return program to reach the standard. By providing beverage companies the flexibility to structure and operate their own container recovery programs, this legislation simply extends the beverage company's ``supply chain'' to include the management of empty containers after consumption. This approach is appealing because it reduces the administrative burden on government and takes full advantage of the business skills of industry.
Specifically, the National Beverage Producer Responsibility Act would: establish a measurable performance standard of 80% recovery of used, empty beverage containers for recycling or reuse; establish a minimum refundable deposit, of 10 cents, as the economic incentive for consumers to recycle; require beverage brand-owners, as a condition of sale of their product, to develop and submit to the Environmental Protection Agency a Beverage Container Management Plan, within 180 days of the law's implementation; establish consequences for failing to submit, implement and operate the approved Program and achieve the legislated Performance Standard; and establish provisions for evaluation and monitoring of the industry's performance.
I look forward to holding a hearing on this legislation this summer in the Senate Environment and Public Works Committee.
I ask unanimous consent that the text of the legislation be printed in the Record.
There being no objection, the bill was ordered to be printed in the Record, as follows:
S. 2220
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 ``National Beverage Producer Responsibility Act of 2002''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the beverage industry has an established and effective marketing infrastructure that provides a wide range of beverage products at affordable prices to consumers in the United States;
(2) the absence of a beverage industry infrastructure for recovering used beverage containers has--
(A) placed undue burdens on local waste authorities;
(B) failed to provide any incentive for the beverage industry to reduce waste; and
(C) resulted in tens of billions of unrecycled beverage containers per year, including 114,000,000,000 unrecycled beverage containers in 1999;
(3) of particular concern--
(A) glass beverage containers are difficult and costly to recycle through municipal curbside programs because of breakage;
(B) valuable beverage container types are being replaced with low-value plastics and composite packaging; and
(C) removing glass or other valuable beverage container types from curbside programs has been found to reduce the public costs of those programs;
(4) an efficient, industry-operated system of beverage container collection, recycling, and reuse would--
(A) reduce the overall burden placed on taxpayers and municipal waste management systems; and
(B) shift the responsibility for that collection, recycling, and reuse to beverage producers and consumers;
(5) deposit systems, originally devised by the beverage industry to recover used bottles, have been shown to be an effective and sustainable means for recovering used beverage containers, especially the increasing proportion of beverage containers the beverages contained by which are consumed away from the home;
(6) greater reuse and recycling of beverage containers would--
(A) significantly improve the energy and emissions performance of the beverage industry of the United States; and
(B) in each year, conserve an amount of electrical energy equivalent to that required to serve millions of homes in the United States;
(7) 10 States have enacted and implemented laws designed to protect the environment, conserve energy and material resources, and reduce waste by requiring--
(A) beverage consumers to pay a deposit on the purchase of beverage containers; and
(B) the beverage industry to pay a refund on used beverage containers that are returned for reuse and recycling;
(8) those laws--
(A) enjoy strong public support; and
(B) have proven to be effective in achieving high rates of beverage container reuse and recycling;
(9) a national standard for beverage container reuse and recycling would ensure that beverage consumers in all regions of the United States would enjoy access to beverage container reuse and recycling services;
(10) a beverage container reuse and recycling system designed by brand owners could--
(A) be seamlessly integrated with the national and regional marketing systems of the brand owners;
(B) maximize efficiency of the brand owners; and
(C) minimize unproductive costs of compliance with requirements of several different recycling programs;
(11) a national system of beverage container reuse and recycling is consistent with the intent of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); and
(12) this Act is consistent with the goals established by the Administrator of the Environmental Protection Agency, including the national goal of 35 percent source reduction and recycling by 2005.
SEC. 3. BEVERAGE CONTAINER REUSE AND RECYCLING.
(a) In General.--The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) is amended by adding at the end the following:
``Subtitle K--Beverage Container Reuse and Recycling
``SEC. 12001. DEFINITIONS.
``In this subtitle:
``(1) Beverage.--
``(A) In general.--The term `beverage' means a nonalcoholic or alcoholic carbonated or noncarbonated liquid that is intended for human consumption.
``(B) Exclusions.--The term `beverage' does not include milk or any other dairy or dairy-derived product.
``(2) Beverage container.--The term `beverage container' means a container that--
``(A) is constructed primarily of metal, glass, plastic, or paper (or a combination of those materials);
``(B) has a capacity of not more than 1 gallon of liquid; and
``(C) on or after the date of enactment of this subtitle--
``(i) may contain or contains a beverage; and
``(ii) is offered for sale or sold in interstate commerce.
``(3) Beverage container agency.--The term `beverage container agency' means, as determined by a brand owner--
``(A) the brand owner; or
``(B) an entity appointed by the brand owner to act as an agent on behalf of the brand owner.
``(4) Brand owner.--The term `brand owner' means a person that owns the trademark for, manufactures, distributes, or imports for resale in interstate commerce, a beverage sold in a beverage container.
``(5) Management plan.--The term `management plan' means a management plan submitted under section 12004.
``(6) Recovery rate.--The term `recovery rate' means the percentage obtained by dividing--
``(A) the number of beverage containers of a brand owner returned for a refund under section 12005(b)(2) in a calendar year; by
``(B) the number of beverage containers of the brand owner for which a deposit was collected under section 12005(a)(1) in the calendar year.
``(7) Refund value.--The term `refund value' means the refund value of a beverage container determined in accordance with section 12006.
``(8) Return site.--The term `return site' means an operation, facility, or retail store, or an association of operations, facilities, or retail stores, that--
``(A) is identified in an approved management plan; and
``(B) is operating under contract entered into by the return site and a beverage container agency to collect and redeem empty beverage containers of 1 or more brand owners.
``(9) Seller.--
``(A) In general.--The term `seller' means a person that sells a beverage in a beverage container.
``(B) Inclusions.--The term `seller' includes all members of the supply chain.
``(10) Unbroken beverage container.--The term `unbroken beverage container' includes a beverage container that has been opened in a manner in which the beverage container was designed to be opened.
``SEC. 12002. RESPONSIBILITIES OF BRAND OWNERS.
``(a) In General.--Each brand owner shall implement an effective redemption, transportation, processing, marketing, and reporting system for the reuse and recycling of used beverage containers of the brand owner.
``(b) Prohibition of Post-Redemption Landfilling or Incineration.--No brand owner or beverage container agency shall dispose of any beverage container labeled in accordance with section 12003 in any landfill or other solid waste disposal facility.
``SEC. 12003. BEVERAGE CONTAINER LABELING.
``(a) In General.--No brand owner may sell or offer for sale in interstate commerce a beverage in a beverage container unless a statement of the refund value of the beverage container is clearly, prominently, and securely affixed to, printed on, or embossed on the beverage container.
``(b) Size and Location of Refund Value Statement.--The Administrator shall promulgate regulations establishing uniform standards for the size and appropriate location on beverage containers of the refund value statement required under subsection (a).
``SEC. 12004. MANAGEMENT PLANS.
``(a) Submission of Plans.--Not later than 180 days after the date of enactment of this subtitle, each beverage container agency shall submit to the Administrator--
``(1) a management plan, in such form as the Administrator may prescribe, for the collection, transport, reuse, and recycling of beverage containers that the beverage container agency, or that each brand owner represented by the beverage container agency, sells into interstate commerce; and
``(2) a fee, in such amount as the Administrator may establish by regulation, to cover administrative costs relating to administration of the management plan.
``(b) Contents of Plan.--A management plan submitted under this section shall--
``(1) include--
``(A) the name, and address for service of process, of the beverage container agency submitting the management plan;
``(B) the name and title of a contact person at the beverage container agency;
``(C) the name and corporate address of each brand owner covered by the management plan; and
``(D) the brand name of each beverage covered by the management plan;
``(2) provide--
``(A) a proposed implementation date for the management plan; and
``(B) appropriate documentation of such agreements entered into by the beverage container agency and return site operators as will take effect as of the date of implementation of the management plan; and
``(3) include a description of--
``(A) the ways in which the beverage container agency intends to make the use of return sites convenient for consumers of beverages covered by the management plan in all areas of interstate commerce;
``(B) the ways in which the beverage container agency intends to achieve, not later than 2 years after the date of implementation of the management plan, a recovery rate of at least 80 percent; and
``(C) the ways in which the beverage container agency will manage beverage containers returned under the management plan in an environmentally responsible manner.
``(c) Changes in Information.--Each beverage container agency that submits a management plan under this section shall promptly notify the Administrator, in writing, of any change in the information provided under subsection (b)(1).
``(d) Approval of Management Plans.--
``(1) In general.--The Administrator shall approve or disapprove each management plan submitted under this section.
``(2) Determination.--In determining whether to approve or disapprove a management plan, the Administrator may return the management plan to the beverage container agency--
``(A) with a request for additional information; or
``(B) for amendment.
``(3) Disapproval.--If the Administrator disapproves a management plan, the Administrator shall, not later than 60 days after the date of disapproval, provide to the beverage container agency that submitted the management plan a written explanation of the reasons for disapproval.
``(e) Implementation of Management Plans.--
``(1) In general.--A brand owner that, on or before the date of enactment of this subtitle, is selling in interstate commerce a beverage in a beverage container, shall--
``(A) not later than 180 days after the date of enactment of this subtitle, have in effect a management plan that has been approved by the Administrator; and
``(B) implement the management plan in accordance with the implementation date proposed in the management plan under subsection (b)(2)(A).
``(2) New brand owners.--A brand owner that proposes, after the date of enactment of this subtitle, to sell in interstate commerce a beverage in a beverage container shall--
``(A) have, as of the date on which the brand owner commences the selling of the beverage, a management plan that has been approved by the Administrator; and
``(B) implement the management plan in accordance with the implementation date proposed in the management plan under subsection (b)(2)(A).
``(3) Prohibition.--No brand owner shall sell in interstate commerce any beverage in a beverage container--
``(A) except as in accordance with paragraph (1) or (2), as appropriate; or
``(B) on or after the implementation date proposed in a management plan of the brand owner under subsection
(b)(2)(A), if the Administrator has not approved the management plan.
``(f) Report.--
``(1) In general.--Each beverage container agency the management plan of which is approved and implemented under this section shall, not later than March 31 of each year after the implementation date of the management plan, submit to the Administrator a report that describes the effectiveness of the management plan during the preceding calendar year.
``(2) Information.--The report shall include--
``(A) for each type of beverage container returned, the recovery rate--
``(i) expressed as a percentage; and
``(ii) audited by an entity independent of the beverage container agency; and
``(B) annual financial statements, prepared by an entity independent of the beverage container agency, of all deposits received and refunds paid by each brand owner subject to the management plan.
``(3) Public availability.--The Administrator may make available to the public the information described in paragraph (2).
``SEC. 12005. DEPOSIT AND REFUND.
``(a) Deposit.--
``(1) In general.--On and after the implementation date of any approved management plan to which a seller is subject, the seller shall collect from each purchaser of a beverage in a beverage container, at the time of sale, a deposit in an amount that is not more than the refund value of the beverage container.
``(2) Documentation.--A deposit collected under paragraph
(1) shall be indicated on the receipt of the purchaser, if a receipt is given for the purchase.
``(3) Exception.--This subsection shall not apply to a case in which a beverage in a beverage container is sold for consumption, and is consumed, on the premises of the seller.
``(b) Refund.--On and after the implementation date of an approved management plan, a beverage container return site covered by the management plan shall--
``(1) accept unbroken beverage containers for return; and
``(2) pay to a person returning beverage containers an amount, in cash or in the form of a voucher redeemable for cash on demand, that is equal to the total of the refund values affixed to, printed on, or embossed on, each container returned by the person.
``(c) Acceptable Beverage Containers.--A return site shall not be required to accept or pay a refund for a beverage container under this section if, as determined by the return site, the beverage container--
``(1) is contaminated or, for hygienic reasons, is unsuitable for recycling;
``(2) can be reasonably identified as a container that was purchased outside the United States; or
``(3) cannot be reasonably identified as a container to which this subtitle applies.
``SEC. 12006. REFUND VALUE.
``(a) In General.--The refund value of a beverage container shall be the greater of--
``(1) 10 cents; or
``(2) an adjusted value determined under subsection (b).
``(b) Adjustment.--The Administrator shall--
``(1) adjust the amount of the refund value of a beverage container under subsection (a) on the date that is 10 years after the date of enactment of this subtitle, and every 10 years thereafter, to reflect changes during those 10-year periods in the Consumer Price Index for all urban consumers published by the Department of Labor; and
``(2) round any adjustment under paragraph (1) to the nearest 5-cent increment.
``SEC. 12007. RECOVERY RATES.
``(a) In General.--Except as provided in subsections (b) and (c), in a case in which a brand owner complies with each provision of this subtitle, but fails to achieve a recovery rate of at least 80 percent for beverage containers of the brand owner during a calendar year, the Administrator may require that the beverage container agency of the brand owner pay to each State an amount equal to the difference between--
``(1) the amount of deposits collected on beverage containers of the brand owner that were sold in the State; and
``(2) the amount of refunds paid on those beverage containers.
``(b) Exemptions for Certain States.--A brand owner that achieves a recovery rate of at least 80 percent under a beverage container deposit program of a State within the 2-year period beginning on the date of enactment of this subtitle shall be exempt from the provisions of this subtitle with respect to that State.
``(c) Reuse Rate Adjustment.--The minimum recovery rate required to be achieved by a brand owner under subsection (a) shall be reduced by 1 percentage point for each percentage point increase in the use by the brand owner of refillable beverage containers.
``SEC. 12008. OTHER MANAGEMENT REQUIREMENTS.
``(a) Disputes.--If a dispute arises under this subtitle between, and cannot be resolved by, a beverage container agency and a return site, the beverage container agency or the return site shall refer the matter to binding arbitration.
``(b) Confidentiality.--
``(1) In general.--Except as provided in paragraph (2), each person acting under the authority of this subtitle shall keep confidential all facts, information, and records obtained or provided under this subtitle.
``(2) Exception.--Paragraph (1) shall not apply in a case in which public duty requires, or any regulation promulgated by the Administrator under this subtitle permits, the disclosure of any facts, information, or records described in that paragraph.
``SEC. 12009. REPORT BY ADMINISTRATOR.
``Not later than May 31, 2003, and annually thereafter, the Administrator shall submit to Congress a report that describes--
``(1) the recovery rate for beverage containers during the year covered by the report; and
``(2) the extent to which beverage container collection is proceeding in accordance with this subtitle.
``SEC. 12010. PENALTIES.
``Notwithstanding any other provision of this Act--
``(1) a person that violates any provision of this subtitle
(other than section 12004(f)) shall be subject to a civil penalty of not more than $1,000 for each violation; and
``(2) a person that violates section 12004(f) shall be subject to a civil penalty of not more than $10,000 for each violation.''.
(b) Conforming Amendment.--The table of contents for the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end the following:
``Subtitle K--Beverage Container Reuse and Recycling
``Sec. 12001. Definitions.
``Sec. 12002. Responsibilities of brand owners.
``Sec. 12003. Beverage container labeling.
``Sec. 12004. Management plans.
``Sec. 12005. Deposit and refund.
``Sec. 12006. Refund value.
``Sec. 12007. Recovery rates.
``Sec. 12008. Other management requirements.
``Sec. 12009. Report by Administrator.
``Sec. 12010. Penalties.''.
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By Mr. ROCKEFELLER (for himself and Mr. Smith of Oregon):
S. 2221. A bill to temporarily increase the Federal medical assistance percentage for the medicaid program; to the Committee on Finance.
Mr. SMITH of Oregon. Mr. President, I rise today to talk about a vital federal program that is an essential part of our health care safety net--Medicaid. Last year, the Medicaid program provided health coverage for 44 million of the most vulnerable Americans--22.6 million children, 9.2 million adults in low-income families, and 12 million elderly and disabled. One in four American children are covered by this important program.
Yet despite the program's importance, states around the country are struggling to fund their share of their Medicaid programs. Going into legislative session this year, my home state of Oregon faced a budget shortfall of nearly $800 million, and most other states are facing similar conditions. The cruel irony of this situation is that just as state revenues have dropped due to poor economic conditions, many more families are turning to Medicaid as their only source of health care. I know that in Oregon, the number of people on Medicaid has risen by 10% since June of last year, and I suspect that many of your states have experienced similar increases. Additionally, because of scheduled formula adjustments, many states will see their existing Medicaid payments from the Federal government fall this year.
It is not a mystery what will happen if we do not act: states will be forced to cut their Medicaid programs and more Americans will lose their health coverage. The number of uninsured people in this country will rise dramatically. Last year, more than 40 million Americans lived and worked without health insurance, and it is estimated that the economic downturn will add another 4 million to the ranks of the uninsured.
This legislation would allow states to continue providing health care to our society's most vulnerable members in this economic downturn by providing a temporary increase in the Federal Medical Assistance Program, FMAP, funds states receive to pay their portion of the Medicaid bill. This legislation would hold states harmless at their 2003 FMAP levels so that no state will experience a decrease in Federal funds for Medicaid, while providing all states with an additional temporary 1.5 percentage in their matching rates for three years. It would also target assistance to the most needy states by providing another 1.5 percentage point increase in their FMAP for three years.
The goal of this bill is to prevent erosion of health insurance coverage and to maintain a strong health care safety net for vulnerable people during the economic downturn. By temporarily increasing the Federal portion of the Medicaid bill, the scope and depth of possible state budget cuts or tax increases will be lessened, minimizing the potential negative impact on the economy and our most vulnerable citizens across the country. It is the right thing to do, and the right time to do it.
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