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108th CONGRESS
1st Session
S. 1168
To amend title 23, United States Code, to establish a program to
increase the use of recyclable material in the construction of Federal-
aid highways.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 3, 2003
Mr. Bingaman introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to establish a program to
increase the use of recyclable material in the construction of Federal-
aid highways.
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 ``Recycled Roads Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) in 2000, there were more than 3,951,000 miles of
highways in the United States;
(2) in the early 1990s, as much as 350,000,000 tons of raw
and recyclable material were used annually for highway
construction, rehabilitation, and maintenance;
(3) in 2002, the Federal Government provided
$26,348,000,000, or more than 34 percent of funding, for
highways in the United States;
(4) at least 45 States recycle a total of 73,000,000 tons
of reclaimed asphalt pavement annually, the use of which
results in an annual savings of approximately $300,000,000 as
compared with the cost of using raw material;
(5) in 2002, the Federal Highway Administration issued a
policy encouraging States to use recycled material in highway
construction because recycling and reuse can offer engineering,
economic, and environmental benefits;
(6) greater incorporation of recyclable material in highway
construction would--
(A) provide a significant new national market for
the use of recyclable material;
(B) create new markets and incentives for recycling
in small communities;
(C) conserve raw material; and
(D) reduce the quantities of waste deposited in
landfills in the United States (which would produce an
additional savings for the Federal Government and State
governments); and
(7) the increased use of recyclable material in highway
construction could--
(A) provide additional opportunities for rural
economic development; and
(B) encourage expanded use of biomass products.
SEC. 3. USE OF RECYCLABLE MATERIAL IN FEDERAL-AID HIGHWAY CONSTRUCTION.
(a) In General.--Subchapter I of chapter 1 of title 23, United
States Code, is amended by inserting after section 138 the following:
``Sec. 139. Use of recyclable material in Federal-aid highway
construction
``(a) Definition of Recyclable Material.--In this section:
``(1) In general.--The term `recyclable material' means any
material described in paragraph (2) that is determined by the
Secretary, in consultation with the Administrator of the
Environmental Protection Agency--
``(A) to be recyclable and usable in construction
of a Federal-aid highway; and
``(B) to have undergone a recycling process to
prepare the material for further use.
``(2) Materials.--The materials referred to in paragraph
(1) are--
``(A) glass;
``(B) forest biomass;
``(C) a used tire or tire product;
``(D) reclaimed asphalt;
``(E) plastic; and
``(F) any other suitable material that does not
contain a total concentration of any toxic constituent
that poses a risk to human health or the environment--
``(i) during preconstruction activity,
including storage, transportation, or
preparation of the material for use in road
construction;
``(ii) during the useful life of the road;
or
``(iii) after the useful life of the road,
including subsequent recycling, reuse, or
disposal of components of or debris from the
road.
``(b) Program.--
``(1) Establishment.--The Secretary shall establish a
recycled roads incentive grant program to encourage the
expanded use by States and Indian tribes of a diverse range of
recyclable material in the construction of Federal-aid
highways.
``(2) Grants.--In carrying out this section, the Secretary
shall provide to each State or qualified (as determined by the
Secretary) Indian tribe--
``(A) a grant, in an amount not to exceed $125,000
for a fiscal year, to be used by the State or Indian
tribe in employing a coordinator to promote the use of
a diverse range of recyclable material in Federal-aid
highway construction; and
``(B) a grant, on a competitive basis, in an amount
not to exceed $1,400,000 for a fiscal year, to be used
by the State or Indian tribe in carrying out projects
and activities to promote the expanded use of a diverse
range of recyclable material in Federal-aid highway
construction and maintenance, such as projects and
activities to--
``(i) eliminate economic barriers;
``(ii) develop markets;
``(iii) provide outreach, training, or
technical assistance; or
``(iv) collect program and performance
data.
``(3) Administration.--
``(A) Redistribution of funds.--If funds made
available for use in providing grants under
subparagraph (A) or (B) of paragraph (2) for a fiscal
year remain after the Secretary has provided grants
under the subparagraph for the fiscal year, the
Secretary--
``(i) may use the remaining funds to
provide additional grants under that paragraph
for the fiscal year; but
``(ii) notwithstanding any other provision
of this title, shall not use the funds to
provide grants or assistance under any other
program under this title.
``(B) Transportation and environmental
cooperation.--In providing a grant to a State or Indian
tribe under paragraph (2)(B), the Secretary shall
encourage cooperation between transportation and
environmental programs carried out by the State or
Indian tribe.
``(C) Equitable treatment of states and indian
tribes.--To the maximum extent practicable, the
Secretary shall treat an Indian tribe as a State for
the purpose of a grant provided under paragraph (2).
``(4) State and tribal reports.--For the fiscal year in
which the program under this section is implemented and each
fiscal year thereafter, each State and Indian tribe that
receives a grant under paragraph (2) shall--
``(A) collect a sampling of data pertaining to the
use by the State or Indian tribe, during the fiscal
year covered by the report, of recyclable material in
the projects for construction of Federal-aid highways
in the State or on land under the jurisdiction of the
Indian tribe that are carried out under this section or
any other provision of this title using at least
$1,000,000 in Federal funds, including a description
of--
``(i) each type of recyclable material
used;
``(ii) the quantity of each recyclable
material used; and
``(iii) the proportion that--
``(I) the quantity of each
recyclable material used; bears to
``(II) the quantity of all
recyclable material and raw material
used; and
``(B) submit to the Secretary a report describing
those data.
``(5) Quality control.--The Secretary shall ensure, to the
maximum extent practicable, that data provided by a State or
Indian tribe under paragraph (4) is of a sufficient quality and
range to permit the Secretary to assess national
accomplishments involving the use of recyclable material.
``(c) Reports.--
``(1) Initial report.--Not later than 180 days after the
date of enactment of the Recycled Roads Act of 2003, the
Secretary shall submit to the appropriate committees of
Congress a report on the program to be carried out under this
section that includes--
``(A) an overview of program requirements;
``(B) an analysis of any significant issues
relating to the program; and
``(C) a proposed timeline for implementation of the
program.
``(2) Annual reports.--Not later than 2 years after the
date of enactment of the Recycled Roads Act of 2003, and
annually thereafter on the date of issuance of the annual
program performance report under section 1116 of title 31,
United States Code, the Secretary shall submit to the
appropriate committees of Congress a report on the program
under this section, including, for each recyclable material
used in the construction of a Federal-aid highway during the
period covered by the report, the information described in
subsection (b)(4).
``(d) Regulations.--The Secretary shall promulgate such regulations
as are necessary to carry out this section.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account)--
``(1) $10,125,000 for use in providing grants under
subsection (b)(2)(A) for each fiscal year; and
``(2) $113,400,000 for use in providing grants under
subsection (b)(2)(B) for each fiscal year.''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
1 of title 23, United States Code, is amended by inserting after the
item relating to section 138 the following:
``139. Use of recyclable material in Federal-aid highway
construction.''.
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