[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 177 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 177
To require the Administrator of the Environmental Protection Agency to
provide grants to reduce the quantity of food waste, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2023
Mr. Booker (for himself and Ms. Smith) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To require the Administrator of the Environmental Protection Agency to
provide grants to reduce the quantity of food waste, and for other
purposes.
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 ``Zero Food Waste Act''.
SEC. 2. FOOD WASTE REDUCTION GRANTS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State, a local government, a territorial
government, or a Tribal government;
(B) a nonprofit organization; and
(C) a partnership of 2 or more of any of the
entities described in subparagraphs (A) and (B).
(3) Food waste.--The term ``food waste'' means any uneaten
food and inedible parts of food.
(4) Food waste reduction activity.--The term ``food waste
reduction activity'' means any method or activity that reduces
the quantity of food waste disposed of in landfills or
incinerated, including through prevention, rescue, upcycling,
and recycling.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of that Code.
(6) Prevent.--The term ``prevent'' means to forestall the
generation of food waste.
(7) Recycle.--The term ``recycle'' means to reuse food
waste as a feedstock for a nonfood product.
(8) Rescue.--The term ``rescue'' means to redirect surplus
food for consumption.
(9) Source separated organics.--
(A) In general.--The term ``source separated
organics'' means organic waste that is separated from
other waste by the waste generator.
(B) Inclusion.--The term ``source separated
organics'' includes materials that are certified to
meet ASTM standard D6400 or D6868.
(C) Exclusion.--The term ``source separated
organics'' does not include mixed solid waste.
(10) Upcycle.--The term ``upcycle'' means to make new food
from ingredients that otherwise would become food waste.
(b) Program.--
(1) Establishment.--The Administrator shall establish and
carry out a program to award competitive grants in accordance
with paragraph (3).
(2) Purpose.--The purpose of the program established under
paragraph (1) is to help reduce the quantity of food waste by
50 percent by 2030, relative to that quantity in 2010.
(3) Grants.--
(A) Study on food waste generation and food waste
management planning.--Under the program established
under paragraph (1), the Administrator may award a
grant to an eligible entity, excluding any eligible
entity that is a nonprofit organization--
(i) to study--
(I) the generation of food waste in
the State or area in which the eligible
entity is located or otherwise serves;
and
(II) policies and programs that
significantly reduce the quantity of
food waste, including policies and
programs to carry out food waste
reduction activities; and
(ii) to develop a plan under which the
eligible entity will carry out at least 1 food
waste reduction activity, prioritizing
prevention to the extent practicable.
(B) Food waste data and reports.--Under the program
established under paragraph (1), the Administrator may
award a grant to an eligible entity, excluding any
eligible entity that is a nonprofit organization--
(i) to collect data on the quantity of food
waste generated in the State or area in which
the eligible entity is located or otherwise
serves; and
(ii) to publish, on any publicly available
website (which may include the website of a
nongovernmental organization), a monthly or
quarterly report on the data collected under
clause (i).
(C) Food waste reduction projects.--Under the
program established under paragraph (1), the
Administrator may award a grant to an eligible entity--
(i)(I) to carry out or otherwise support a
food waste reduction activity;
(II) to implement a differential pricing
policy on the disposal of food waste--
(aa) to disincentivize disposing of
food waste by incineration or deposit
in a landfill; and
(bb) to incentivize carrying out
food waste reduction activities;
(III) to pay for or provide technical
assistance to carry out a food waste reduction
activity;
(IV) to implement restrictions on disposing
of food waste by incineration or deposit in a
landfill;
(V) to implement food waste reduction
activity requirements;
(VI) to implement demand-stimulating
policies for recycling end-markets; or
(VII) to carry out any other activity the
Administrator determines will reduce the
quantity of food waste in the applicable area;
and
(ii) to collect data and publish reports as
described in subparagraph (B).
(c) Applications.--
(1) In general.--To apply for a grant under this section,
an eligible entity shall submit to the Administrator an
application at such time and in such form as the Administrator
may require, which shall demonstrate how the eligible entity
will use the grant in accordance with subsection (b)(3).
(2) Nonprofit organizations.--In the case of an application
under paragraph (1) from an eligible entity that is a nonprofit
organization, the application shall include--
(A) a letter of support for the proposed use of the
grant from--
(i) the relevant local government,
territorial government, Tribal government, or
State; or
(ii) another nonprofit organization that--
(I) has a demonstrated history of
undertaking work in the geographic
region where the proposed use of the
grant is to take place, as determined
by the Administrator; and
(II) would not be involved in the
proposed use of the grant; and
(B) any other information the Administrator may
require.
(3) Prioritization.--In awarding grants under this section,
the Administrator shall--
(A) seek to award grants for use in diverse
locations and for diverse uses; and
(B) prioritize awarding grants to--
(i) any eligible entity, excluding any
eligible entity that is a nonprofit
organization, that--
(I) implements a program to carry
out food waste reduction activities; or
(II) has a demonstrated need, as
determined by the Administrator, for
additional investment in infrastructure
or other resources to be able to
implement a program to carry out food
waste reduction activities; or
(ii) an eligible entity that will use the
grant in accordance with subsection
(b)(3)(C)(i) in a community of color, low-
income community, or Tribal community that has
been disproportionately affected by adverse
human health or environmental effects.
(4) Anaerobic digestion projects.--With respect to any
grant awarded under subsection (b)(3)(C) to carry out an
anaerobic digestion project, the Administrator shall--
(A) require the applicant to submit to the
Administrator a plan for end-product recycling that, in
accordance with guidelines the Administrator shall
establish--
(i) provides for the use of the material
resulting from the project as a soil amendment;
and
(ii) ensures that the use of the material
resulting from the project does not create an
environmental hazard; and
(B) require the eligible entity that is carrying
out the project--
(i) to limit its use of animal waste to not
more than 20 percent of the total feedstock of
the project; and
(ii) to only use source separated organics
as the portion of the total feedstock that is
not animal waste.
(d) Reporting.--
(1) Effect of use of grant.--Each eligible entity that
receives a grant under this section shall submit to the
Administrator a report, at such time and in such form as the
Administrator may require, on the results of the use of the
grant, which shall include any relevant data requested by the
Administrator for purposes of tracking the effectiveness of the
program established under subsection (b)(1).
(2) Annual report.--The Administrator shall submit to
Congress and make publicly available on the website of the
Environmental Protection Agency an annual report describing--
(A) the effectiveness of the program established
under subsection (b)(1) in reducing the quantity of
food waste by 50 percent by 2030, relative to that
quantity in 2010, including information on the progress
of that reduction; and
(B) the means by which the Administrator is
promoting learning among grantees and other
stakeholders to better achieve results.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $650,000,000 for each of fiscal
years 2023 through 2032, to remain available until expended.
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