Legislative Update: Plastics & Recycling Appropriations

The U.S. House of Representatives’ Appropriations Committees used the FY2021 spending bills as an opportunity to focus on Congress’s increasing scrutiny of single-use plastics and the need to reduce plastic waste. Several spending bills included report language directing funding or directives for plastics pollutions in oceans. The Committee also inserted language on reducing plastic waste in commerce and assessing recycling programs when reporting the bill.

In the Interior, Environment, and Related Agencies committee report, the committee said it was disappointed in the country’s recycling rate and waste reduction efforts, especially in producing virgin plastics. It directs the U.S. Environmental Protection Agency (EPA) to prepare a report on single-use plastics. The report should analyze plastics by type and recyclability, as well as state and local recycle rates, and efforts to reduce the use of single-use plastics.

Additional language directs the EPA to begin a comprehensive data collection effort to strengthen residential recycling and accelerate the move towards a circular economy. It again, asks the agency to also include specific data on single use plastics. Congress calls on the agency to include estimates of the infrastructure investment required to achieve consistent collection across the nation and maximize the efficient delivery of materials to the circular economy. It also requires estimates for the investment needed to provide all citizens with access to recycling services on par with access to disposal.

Reducing Plastic Waste in Commerce.—The Committee notes that while the Agency’s focus on improving recycling rates across the country is appreciated, the Committee is disappointed that waste reduction efforts appear to play a minimal role in the Agency’s current sustainability efforts. In particular, the Committee believes that efforts to reduce the production and use of virgin plastics, especially single-use plastics, must be part of any overall strategy to reduce the landfilling of waste materials and a transition to a circular economy. The committee directs the agency to prepare a report on single-use plastics. The report is to analyze each plastic by plastic-type, recyclability, the average recycled content of each type of plastic, and the national and regional rates at which each plastic-type is recycled. The report should also evaluate the efficacy of state and local policies to reduce the use of single-use plastics, including bans, fees, and other mandatory and voluntary policies designed to reduce or discourage the use of single-use plastics. The report should also include estimates on the potential impacts in generated waste if such policies were adopted at the national level. 

Recycling Needs Survey and Assessment.—The Committee directs the Agency to begin a comprehensive data collection effort to strengthen residential recycling and accelerate the move towards a circular economy. The data collected should include: the number of community curbside recycling programs; the number of community drop-off programs; the total amount of residential packaging materials collected through deposit programs; the total amount of residential materials collected through curbside programs annually; the types of materials accepted by each program; the number of citizens with access to recycling services on par with access to disposal; and the inbound contamination and capture rates of community recycling programs. The Agency should also collect data on single use plastics, including the types of single-use plastics currently in commerce, the recyclability of these plastics types, and the rates at which these plastics are currently recycled by plastic type and by region. Additionally, the Agency should collect data on aluminum, including the rates at which aluminum cans are recycled. Further, the Agency should develop estimates of the infrastructure investment required to modernize the Material Recovery infrastructure to achieve consistent collection across the nation and maximize the efficient delivery of materials to the circular economy. The Agency should also develop estimates for the amounts of investment needed to provide all citizens with access to recycling services on par with access to disposal. The updated strategy with recommendations should be reported to the committee within 270 days of enactment of this Act.

In the Energy and Water bill’s committee report, the committee agreed with the goals of the Office for Science’s Plastics Innovation Challenge but stated concerns about the program’s partnerships, relationships with sponsoring institutes, and implementation. The committee specifically pointed their concerns toward some partnerships and that the research’s focus may result in promoting the use of more plastics rather than less plastics. It also shared doubts about the research coordination and agenda. It directs the Department to provide a report to the committee describing a coordinated research plan for activities within Energy Efficiency & Renewable Energy (EERE), the Office of Science, and any other relevant program office. The Committee recommends no more than $35,000,000 for research activities related to plastics and polymers, including up to $20,500,000 from EERE and up to $14,500,000 from the Office of Science.

Plastics Innovation Challenge and Revolutionizing Polymer Upcycling.—In fiscal year 2020, the Department launched the Plastics Innovation Challenge with the stated goal of reducing the energy costs associated with the current lifecycle of plastics; developing new polymers that are recyclable-by-design; and developing biological and chemical methods to deconstruct plastic waste, including from rivers and oceans, into useful chemical feedstock streams. While these are important goals, the Committee continues to be concerned about partnerships, relationships with sponsoring institutes, and implementation of the program. The Committee remains concerned with certain partnerships under this initiative and that the focus of this research may result in promoting the use of more plastic, not less.

In the fiscal year 2021 budget request, EERE proposes activities to explore novel feedstocks, technologies, and approaches to economically deconstruct existing plastics; increase opportunities for upcycling; develop infinitely recyclable polymers; and to make better use of renewable chemicals and biodegradable alternatives to traditional plastics. In the fiscal year 2021 budget request, the Office of Science proposes activities to discover the chemical and biological pathways for transforming polymers and synthesizing high-value chemicals or new polymers. The Committee is concerned about the lack of coordination and a cohesive research agenda for these activities and directs the Department to provide to the Committee a report that describes a coordinated research plan for activities within EERE, the Office of Science, and any other relevant program office. The research plan shall include the roles and responsibilities for each program office. The report shall be provided not later than 90 days after enactment of this Act and prior to any funds being obligated for these purposes.

The recommendation provides not more than $35,000,000 for research activities related to plastics and polymers, including up to $20,500,000 from EERE and up to $14,500,000 from the Office of Science.

The Commerce, Justice, Science, and Related Agencies spending bill is also included in H.R. 7617. Upon reporting the spending bill out of committee, the Appropriations Committee encourages the Department of Commerce to support innovations in sustainable food packaging.

Sustainable Food Packaging.—The Committee recognizes that pervasive use of plastics in food packaging has a damaging impact on human health, the environment, and wildlife. The Committee encourages the Department to support innovations in the manufacturing and adoption of ecologically sustainable food packaging materials.

While the Legislative Branch appropriations bill is not included in the seven-bill package headed to the House floor next week, the committee did report the bill with language encouraging the elimination of on single-use plastic products.

Single-Use Plastic Products: The Committee is committed to reducing the use of single-use plastic products on the Capitol grounds. The Committee encourages the elimination of single-use plastic products, including lightweight plastic carryout bags, food and drinkware from expanded polystyrene, plastic stirrers, plastic utensils, and plastic straws. Such elimination shall be carried out in consultation with disability advocacy groups. Finally, the bill includes a general provision (section 210) addressing this issue as well.