[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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