S 1172 ISCommentsClose CommentsPermalink

To direct the Secretary of Energy to establish a grant program to facilitate the production of clean, renewable energy from municipal solid waste, and for other purposes.CommentsClose CommentsPermalink

June 3, 2009CommentsClose CommentsPermalink

Mr. BROWN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

To direct the Secretary of Energy to establish a grant program to facilitate the production of clean, renewable energy from municipal solid waste, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Rubbish to Renewables Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(1) municipal solid waste, a plentiful resource, can be a substantial source of clean, renewable energy;CommentsClose CommentsPermalink





(2) by collecting methane produced by landfills and converting the methane into productive energy, landfills can contribute significantly to the reduction of greenhouse gas emissions;CommentsClose CommentsPermalink





(3) clean energy policy of the United States should fully recognize and support the ability of landfills to provide clean energy and contribute to the reduction of greenhouse gas emissions;CommentsClose CommentsPermalink





(4) further investment is needed to promote new technologies and develop new processes for the conversion of municipal solid waste into clean, renewable energy; andCommentsClose CommentsPermalink





(5) investment in municipal solid waste clean energy projects can create jobs, reduce greenhouse gas emissions, and lessen the dependence of the United States on foreign oil.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) ELIGIBLE PROJECT-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘eligible project’ means a project carried out to produce clean, renewable energy from municipal solid waste (including from methane generated from a municipal solid waste landfill) that reduces greenhouse gas emissions substantially more than the flaring of landfill gas, as determined by the Secretary.CommentsClose CommentsPermalink





(B) INCLUSIONS- The term ‘eligible project’ includes projects described in subparagraph (A) that use technologies such as anaerobic digestion, plasma arc, or thermal gasification (including pyrolysis).CommentsClose CommentsPermalink





(C) EXCLUSIONS- The term ‘eligible project’ does not include a project described in subparagraph (A) that uses an oxidizing technology, such as combustion or incineration.CommentsClose CommentsPermalink





(2) GREENHOUSE GAS- The term ‘greenhouse gas’ means any of--CommentsClose CommentsPermalink





(A) carbon dioxide;CommentsClose CommentsPermalink





(B) methane;CommentsClose CommentsPermalink





(C) nitrous oxide;CommentsClose CommentsPermalink





(D) sulfur hexafluoride;CommentsClose CommentsPermalink





(E) a perfluorocarbon; orCommentsClose CommentsPermalink





(F) a hydrofluorocarbon.CommentsClose CommentsPermalink





(3) MUNICIPAL SOLID WASTE-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘municipal solid waste’ means--CommentsClose CommentsPermalink





(i) material discarded for disposal by--CommentsClose CommentsPermalink





(I) households (including single and multifamily residences); andCommentsClose CommentsPermalink





(II) public lodgings, such as hotels and motels; andCommentsClose CommentsPermalink





(ii) material discarded for disposal that was generated by commercial, institutional, and industrial sources, to the extent that the material--CommentsClose CommentsPermalink





(I)(aa) is essentially the same as material described in clause (i); orCommentsClose CommentsPermalink





(bb) is collected or disposed of with material described in clause (i) as part of a normal municipal solid waste collection service; andCommentsClose CommentsPermalink





(II) is not subject to regulation as a hazardous waste under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.).CommentsClose CommentsPermalink





(B) INCLUSIONS- The term ‘municipal solid waste’ includes--CommentsClose CommentsPermalink





(i) appliances;CommentsClose CommentsPermalink





(ii) clothing;CommentsClose CommentsPermalink





(iii) consumer product packaging;CommentsClose CommentsPermalink





(iv) cosmetics;CommentsClose CommentsPermalink





(v) debris resulting from construction, remodeling, repair, or demolition of a structure;CommentsClose CommentsPermalink





(vi) disposable diapers;CommentsClose CommentsPermalink





(vii) food containers made of glass or metal;CommentsClose CommentsPermalink





(viii) food waste;CommentsClose CommentsPermalink





(ix) household hazardous waste;CommentsClose CommentsPermalink





(x) office supplies;CommentsClose CommentsPermalink





(xi) paper; andCommentsClose CommentsPermalink





(xii) yard waste.CommentsClose CommentsPermalink





(C) EXCLUSIONS- The term ‘municipal solid waste’ does not include--CommentsClose CommentsPermalink





(i) solid waste identified or listed as a hazardous waste under section 3001 of the Solid Waste Disposal Act (42 U.S.C. 6921), except for household hazardous waste;CommentsClose CommentsPermalink





(ii) solid waste, including contaminated soil and debris, resulting from--CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(II) a response action taken under a State law with authorities comparable to the authorities contained in either of those sections; orCommentsClose CommentsPermalink





(III) a corrective action taken under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);CommentsClose CommentsPermalink





(iii) recyclable material--CommentsClose CommentsPermalink





(I) that has been separated, at the source of the material, from waste destined for disposal; orCommentsClose CommentsPermalink





(II) that has been managed separately from waste destined for disposal, including scrap rubber to be used as a fuel source;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(v) solid waste that is--CommentsClose CommentsPermalink





(I) generated by an industrial facility; andCommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink

(aa) that is owned or operated by the generator of the waste;CommentsClose CommentsPermalink

(bb) that is located on property owned by the generator of the waste or a company with which the generator is affiliated; orCommentsClose CommentsPermalink

(cc) the capacity of which is contractually dedicated exclusively to a specific generator;CommentsClose CommentsPermalink

(vi) medical waste that is segregated from or not mixed with solid waste; orCommentsClose CommentsPermalink





(vii) combustion ash generated by a resource recovery facility or municipal incinerator.CommentsClose CommentsPermalink





(4) SECRETARY- The term ‘Secretary’ means the Secretary of Energy.CommentsClose CommentsPermalink





(5) SOLID WASTE- The term ‘solid waste’ has the meaning given the term in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903).CommentsClose CommentsPermalink

SEC. 4. GRANTS FOR DEVELOPMENT AND IMPLEMENTATION.

(a) Establishment- The Secretary shall establish a program under which the Secretary shall provide grants to eligible entities (as identified by the Secretary) for use in funding eligible projects--CommentsClose CommentsPermalink





(1) to position the United States as a world leader in technologies that generate renewable energy from municipal solid waste;CommentsClose CommentsPermalink





(2) to assist entities in the United States in developing and implementing those technologies;CommentsClose CommentsPermalink





(3) to generate clean energy jobs;CommentsClose CommentsPermalink





(4) to reduce greenhouse gas emissions; andCommentsClose CommentsPermalink





(5) to conserve scarce landfill space.CommentsClose CommentsPermalink





(b) Application- An entity that seeks to receive a grant under this section shall submit to the Secretary an application at such time and containing such information as the Secretary shall require.CommentsClose CommentsPermalink





(c) Maximum Amount of Grant- A grant provided by the Secretary to an eligible entity under this section shall not exceed $10,000,000.CommentsClose CommentsPermalink





(d) Priority- In providing grants under this section, the Secretary shall prioritize grant applications based on, with respect to project proposed to be carried out in the application--CommentsClose CommentsPermalink





(1) the quantity of renewable energy the project would generate;CommentsClose CommentsPermalink





(2) the quantity of greenhouse gas emission reductions over and above current best available technology;CommentsClose CommentsPermalink





(3) whether the technology required for the proposed project is not yet widely implemented in the United States;CommentsClose CommentsPermalink





(4) whether the technology has a high potential for replication;CommentsClose CommentsPermalink





(5) the quantity of landfill space the project would preserve; andCommentsClose CommentsPermalink





(6) the number of jobs that would be created.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $250,000,000 for each of fiscal years 2010 through 2013.CommentsClose CommentsPermalink

SEC. 5. REDUCING GREENHOUSE GAS EMISSIONS THROUGH LANDFILLS.

(a) Additionality- Under any legislation enacted after the date of enactment of this Act to regulate the emission of greenhouse gases that includes a cap-and-trade system, a landfill gas control measure that reduces the emission of a greenhouse gas at a level greater than required under Federal, State, or local laws (including regulations) used for that reduction shall be considered to meet additionality criteria under that legislation.CommentsClose CommentsPermalink





(b) Domestic Offsets- If a landfill gas control measure described in subsection (a) meets criteria under legislation described in that subsection to qualify as a domestic offset, the domestic offset shall be at a level that is equal to the quantity of greenhouse gases emitted that is less than the baseline quantity of the greenhouse gases emitted.CommentsClose CommentsPermalink