[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2388 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2388

To require the designation of composting as a conservation practice and 
    activity, to provide grants and loan guarantees for composting 
            facilities and programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2021

  Mr. Booker introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To require the designation of composting as a conservation practice and 
    activity, to provide grants and loan guarantees for composting 
            facilities and programs, 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 ``Cultivating Organic Matter through 
the Promotion Of Sustainable Techniques Act'' or the ``COMPOST Act''.

SEC. 2. COMPOSTING AS CONSERVATION PRACTICE.

    (a) Conservation Standards and Requirements.--Section 1241(j) of 
the Food Security Act of 1985 (16 U.S.C. 3841(j)) is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following:
            ``(2) Composting as conservation practice and activity.--
                    ``(A) In general.--The Secretary shall by 
                regulation provide that composting is a conservation 
                practice and a conservation activity for the purposes 
                of this title.
                    ``(B) Definition of composting.--
                            ``(i) In general.--In this paragraph, the 
                        term `composting' means--
                                    ``(I) an activity (including an 
                                activity that does not require the use 
                                of a composting facility) to produce 
                                compost from organic waste that is--
                                            ``(aa) generated on a farm; 
                                        or
                                            ``(bb) brought to a farm 
                                        from a nearby community and 
                                        used to produce compost on that 
                                        farm; and
                                    ``(II) the use and active 
                                management of compost on a farm, in 
                                accordance with any applicable Federal, 
                                State, or local law, to improve water 
                                retention and soil health.
                            ``(ii) Determination of nearby 
                        communities.--The Secretary, in consultation 
                        with the Administrator of the Environmental 
                        Protection Agency, shall issue regulations for 
                        determining whether a community is nearby for 
                        purposes of clause (i)(I)(bb), which shall 
                        ensure that bringing organic waste from the 
                        community to the farm to produce compost 
                        results in a net reduction of greenhouse gas 
                        emissions.''.
    (b) Conservation Stewardship Program.--Section 1240I(2)(B)(i) of 
the Food Security Act of 1985 (16 U.S.C. 3839aa-21(2)(B)(i)) is amended 
by inserting ``and composting practices'' after ``agriculture drainage 
management systems''.
    (c) Environmental Quality Incentives Program.--Section 
1240A(6)(A)(ii) of the Food Security Act of 1985 (16 U.S.C. 3839aa-
1(6)(A)(ii)) is amended by inserting ``, including composting 
practices'' before the semicolon at the end.
    (d) Delivery of Technical Assistance.--Section 1242(h) of the Food 
Security Act of 1985 (16 U.S.C. 3842(h)) is amended by adding at the 
end the following:
            ``(5) Development of composting practice standard.--In 
        addition to conducting a review under this subsection of any 
        composting facility practice standard established before the 
        date of enactment of this paragraph, the Secretary shall 
        establish a composting practice standard under the process 
        developed under paragraph (3).''.

SEC. 3. COMPOSTING GRANT AND LOAN GUARANTEE PROGRAM.

    The Consolidated Farm and Rural Development Act is amended by 
inserting after section 310I (7 U.S.C. 1936c) the following:

``SEC. 310J. GRANTS AND LOAN GUARANTEES FOR COMPOSTING PROGRAMS.

    ``(a) Definitions.--In this section:
            ``(1) Centralized commercial composting facility.--The term 
        `centralized commercial composting facility' means a regional 
        composting facility that produces at least 10,000 tons of 
        compost annually.
            ``(2) 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.
    ``(b) Program.--The Secretary, in consultation with the 
Administrator of the Environmental Protection Agency, shall establish 
and carry out a program to award grants and loan guarantees, on a 
competitive basis, for projects that expand access to food waste 
composting.
    ``(c) Grants.--
            ``(1) Amount.--
                    ``(A) Cost share.--The total amount of grant funds 
                awarded for a project under this section shall not 
                exceed 75 percent of the cost of the project for which 
                the grant is awarded, as determined by the Secretary.
                    ``(B) Maximum.--The total amount of grant funds 
                awarded for a project under this subsection shall not 
                exceed $5,000,000.
            ``(2) Allocation.--Of funds made available to carry out 
        this subsection in each fiscal year, the Secretary shall 
        allocate not less than 25 percent to projects that do not 
        include the use of centralized commercial composting 
        facilities, to the extent there are sufficient applications for 
        those projects.
            ``(3) Timeline.--An entity receiving a grant under this 
        subsection shall fully expend the awarded grant funds within 3 
        years of receiving the funds.
            ``(4) Eligible entities.--The Secretary may award a grant 
        under this subsection to any of the following entities:
                    ``(A) A State, local, territorial, or Tribal 
                government.
                    ``(B) A local educational agency (as defined in 
                section 8101 of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 7801)).
                    ``(C) An institution of higher education.
                    ``(D) A nonprofit organization.
                    ``(E) A farmer or rancher.
                    ``(F) A consortium of any of the entities described 
                in subparagraphs (A) through (E).
                    ``(G) 1 or more of any of the entities described in 
                subparagraphs (A) through (F), in coordination with a 
                for-profit organization.
    ``(d) Loan Guarantees.--
            ``(1) Amount.--
                    ``(A) Cost share.--The Secretary may award a loan 
                guarantee under this section in an amount that does not 
                exceed 80 percent of the cost of a project that is 
                eligible for assistance under this section, as 
                determined by the Secretary.
                    ``(B) Maximum.--The Secretary may not provide a 
                loan guarantee under this section in an amount that 
                exceeds $5,000,000.
            ``(2) Eligible entities.--The Secretary may award a loan 
        guarantee under this section to a for-profit organization, 
        farmer, or rancher that demonstrates successful prior 
        experience in developing, managing, and marketing composting 
        facilities.
    ``(e) Eligible Projects.--The Secretary may award grants and loan 
guarantees under this section for projects to carry out the following:
            ``(1) Composting facility or site permitting, planning, and 
        construction.
            ``(2) Acquisition of machinery, equipment, and other 
        physical necessities required to operate a composting facility, 
        system, or program, except depackaging equipment.
            ``(3) Activities to increase the production capacity 
        throughput of a composting facility.
            ``(4) Implementation of onsite composting systems and 
        programs (such as home composting programs, community garden 
        and urban farm composting, and other onsite composting systems 
        at institutions, nonprofit organizations, and businesses).
            ``(5) Projects that are based on a distributed 
        infrastructure strategy (such as a strategy that incorporates a 
        mix or choice of home composting, farm and ranch composting, 
        onsite composting, community-scale composting, or centralized 
        commercial composting).
            ``(6) Collection of organic waste intended for processing 
        at a composting facility or system, or through a composting 
        program, including curbside pick-up programs, community drop-
        off programs, and facility- or event-specific programs (such as 
        programs at schools, restaurants, stadiums, or festivals).
            ``(7) Activities for land-based compost application, 
        including compost application on a farm or ranch.
            ``(8) Market development projects that create a demand for 
        compost product or increase commercial and residential 
        participation in composting.
    ``(f) Requirements.--An eligible entity applying for a grant or 
loan guarantee under this section shall demonstrate that the project 
for which that assistance is sought--
            ``(1) will--
                    ``(A) result in composting of food waste (which may 
                include such composting in combination with non-food 
                organic waste);
                    ``(B) result in increased total capacity to accept 
                and process food waste into finished compost product; 
                and
                    ``(C) include at least 1 operator of a facility or 
                system, if applicable, who is trained on best 
                management practices for composting (such as odor, 
                vector, pathogen, and contaminant control practices);
            ``(2) in the case of a market development project, is 
        likely to create sufficient demand to increase total capacity, 
        in the targeted market, to accept and process food waste into 
        high-quality finished compost; or
            ``(3) in the case of land-based compost application 
        activities, is consistent with any applicable requirements 
        under paragraph (2) of section 1241(j) of the Food Security Act 
        of 1985 (16 U.S.C. 3841(j)).
    ``(g) Priority Factors.--In awarding grants and loan guarantees 
under this section, the Secretary shall prioritize projects that 
include the greatest number of the following factors:
            ``(1) The project is located in or serving a location with 
        significant access to food waste and no or limited prior access 
        to food waste composting.
            ``(2) The project demonstrates the potential to create new 
        capacity for the volume or weight of food waste collected and 
        processed, or make significant gains in the number of people 
        with access to food waste composting facilities or systems.
            ``(3) The project includes a demonstrated plan for 
        following best management practices and producing a high-
        quality compost product.
            ``(4) The project incorporates the participation of small 
        and diverse businesses (such as minority-, woman-, and veteran-
        owned businesses certified by the Small Business Administration 
        or under a State program or another recognized certification 
        program and other businesses led by Black people, Indigenous 
        people, or other people of color).
            ``(5) The project creates opportunities for hiring and 
        leadership development practices that are inclusive and provide 
        living wages.
            ``(6) The project serves disadvantaged and low-income 
        communities, engages Black farmers, Indigenous farmers, and 
        other farmers of color, or incorporates an environmental 
        justice plan or principles.
            ``(7) The project is for a facility or system that accepts 
        or plans to accept and process only source separated organics.
    ``(h) Limitation.--The Secretary may award only 1 grant or loan 
guarantee under this section for any project.
    ``(i) Funding.--There is authorized to be appropriated to carry out 
this section $200,000,000 for each of fiscal years 2022 through 
2031.''.
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