Sec. 202. Minimum mandate for recycled plastic in plastics packaging portfolio
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Not later than 180 days after the date of enactment of this Act, and for each calendar year thereafter subject to paragraph (2), if applicable, the Administrator shall set regulations requiring a minimum percentage of a plastics packaging portfolio of a marketer containing plastics packaging that includes recycled plastics in accordance with this section. In carrying out the minimum mandate under subsection (a), the Administrator shall increase the minimum percentage pursuant to paragraph
(2)to a maximum of 30 percent by 2030. Not later than 1 year after the date of enactment of this Act, the Administrator shall establish an evaluation process under which the Administrator shall evaluate the minimum percentage that is in effect at the time of beginning the evaluation process to determine whether such minimum percentage should be adjusted based on— the supply of on-specification recycled post-use plastics feedstocks available for mechanical or advanced recycling, calculated based on the data the Administrator shall require States to annually submit regarding the amount of available incoming recycled feedstocks by categories of post-use plastics, and shall take into consideration the proximity of the available recycled feedstocks to the available recycling infrastructure, including either mechanical or advanced recycling facilities; the annual data collected by the Administrator pursuant to reporting requirements developed pursuant to section 203 to evaluate the Nation’s advanced recycling capacity; changes in market conditions, including supply and demand for recycled post-use plastics feedstocks, collection rates, and post-use plastic availability both domestically and globally; the capacity of advanced and mechanical recycling infrastructure; the supply of on-specification recycled feedstocks available for mechanical or advanced recycling to be used in plastics packaging that contains drugs, medical devices, cosmetics, medical food, or infant formula (as such terms are defined in the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. )) or any other product packages with health and safety related recycled plastics restrictions; any consultations with the National Plastics Recycling Standards Committee or experts from the scientific, process engineering, economic development, plastics, recycling, waste haulers, and recycling industries; and whether there has been implementation of policies to support or help finance the development of collection and sorting infrastructure for post-use plastic. Not later than 1 year after the date on which the Administrator establishes the evaluation process under subparagraph (A), and every two years thereafter, the Administrator shall evaluate the minimum percentage that is in effect at the time of the evaluation using the process established under such subparagraph and determine whether such minimum percentage that is in effect should increase, decrease, or stay the same for the following calendar year. Upon receipt of a petition signed by at least 55 percent of all marketers subject to this section, the Administrator may initiate an evaluation on the date that is at least 1 year after the date on which the Administrator conducted the previous evaluation. The Administrator shall identify international standards of third party certification bodies including, but not limited to, as determined under paragraph
(2)that certify the percentage of recycled plastics in a plastics packaging portfolio for the purpose of enforcing the minimum mandate under section 203, in accordance with this paragraph. Not later than 180 days after the enactment of this Act, the Administrator shall issue a list that contains certification systems that: Apply chain of custody, attribution, mass balance, and certified mass balance attribution for identifying the percentage of recycled plastics in a plastics packaging portfolio. Are approved by the Administrator to certify the percentage of recycled plastics in a plastics packaging portfolio of a marketer. These systems include those run by the following organizations: International Sustainability and Carbon Certification. Underwriter Laboratories. SCS Global Services. Roundtable on Sustainable Biomaterials. Ecocycle. REDcert. Not later than 1 year after the date on which the Administrator issues the approved certification systems list under subparagraph (B), and annually thereafter, the Administrator shall update the approved certification systems list to incorporate new certification systems satisfying the requirements in section 202(c)(2)(A). Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a timeline and reporting procedures by which— a marketer submits documents prepared by an approved third-party certification body as identified under section 202(c) that details the percentage of recycled plastics used within the plastics packaging portfolio of the marketer; the Administrator makes a determination on such documents; and a marketer, upon certification, may begin to label under section 203 of this Act. The minimum mandate shall apply to the total annual plastics packaging portfolio of a marketer excluding plastics packaging that is— manufactured from certified compostable products; and subject to electrostatic discharge restrictions. For any marketer that has plastic packaging that is excluded under paragraph (1), such marketer may voluntarily include such excluded plastic packaging for the purpose of determining the total annual plastics packaging portfolio under paragraph (1).
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Sec. 202
Minimum mandate for recycled plastic in plastics packaging portfolio
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