[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2479 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2479

  To direct the Secretary of Agriculture to establish an alternative 
           manure management program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2023

 Mr. Padilla (for himself, Mr. Brown, and Mr. Heinrich) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
  To direct the Secretary of Agriculture to establish an alternative 
           manure management program, 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 ``Converting Our Waste Sustainably 
(COWS) Act of 2023''.

SEC. 2. ALTERNATIVE MANURE MANAGEMENT PROGRAM.

    Chapter 5 of subtitle D of title XII of the Food Security Act of 
1985 (16 U.S.C. 3839bb et seq.) is amended by adding at the end the 
following:

``SEC. 1240S. ALTERNATIVE MANURE MANAGEMENT PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Alternative manure management program.--The term 
        `alternative manure management program' means the program 
        established under subsection (b).
            ``(2) Covered management measure.--The term `covered 
        management measure' means a dairy or livestock operation method 
        that is used by an eligible producer to reduce baseline methane 
        emissions and, where applicable, improve carbon sequestration 
        on the operation of that eligible producer, including the 
        measures described in subparagraphs (A) through (D) of 
        subsection (f)(2).
            ``(3) Eligible producer.--The term `eligible producer' 
        means a dairy or livestock producer--
                    ``(A) whose baseline manure management practices 
                prior to enrollment in the alternative manure 
                management program include the anaerobic decomposition 
                of volatile solids stored in a lagoon or other 
                predominantly liquid anaerobic environment; and
                    ``(B) in the case of a dairy or livestock producer 
                whose baseline manure management practices prior to 
                enrollment in the alternative manure management program 
                include an anaerobic system that captures methane 
                emissions, who can replace or complement that anaerobic 
                system with a covered management measure.
            ``(4) Pasture-based management.--The term `pasture-based 
        management' means a dairy or livestock production system--
                    ``(A) that eliminates or reduces the quantity of 
                manure stored in anaerobic conditions; and
                    ``(B) in which the livestock spend all or a 
                substantial portion of time grazing on fields in which 
                some or all of the manure is deposited and left in the 
                field to decompose aerobically.
            ``(5) Solid separation system.--The term `solid separation 
        system' means a system that is designed to separate liquid 
        components of manure from mineral and organic solid components 
        of that manure.
    ``(b) Establishment.--The Secretary shall establish an alternative 
manure management program to award contracts to eligible producers to 
support carbon sequestration and greenhouse gas emissions reductions by 
implementing covered management measures.
    ``(c) Submission of Individual Contract Offers.--To be eligible to 
participate in the alternative manure management program, an eligible 
producer shall submit to the Secretary a contract offer that details 
any covered management measure to be used on the operation of the 
eligible producer.
    ``(d) Cluster Contract Offers.--The Secretary shall establish 
procedures under which--
            ``(1) a group of producers may submit a joint contract 
        offer for a shared composting facility; and
            ``(2) the Secretary allocates payments to each eligible 
        producer associated with that joint contract.
    ``(e) Duties of the Secretary.--
            ``(1) Evaluation criteria.--The Secretary shall develop 
        criteria for evaluating and ranking contract offers to 
        prioritize contract offers that will maximize--
                    ``(A) carbon sequestration;
                    ``(B) greenhouse gas emissions reductions; and
                    ``(C) the overall environmental and public health 
                benefits.
            ``(2) Priority.--In awarding contracts under this section, 
        the Secretary, using the criteria developed under paragraph 
        (1), shall give priority to contract offers that address air 
        quality, water quality, or other public health concerns 
        associated with dairy and livestock operations located near 
        low-income or underserved communities.
            ``(3) Grouping of contract offers.--The Secretary may group 
        and evaluate contract offers relative to other contract offers 
        for similar farming operations.
            ``(4) Geographical diversity.--In awarding contracts under 
        this section, the Secretary shall ensure geographical 
        diversity.
    ``(f) Contract Provisions.--
            ``(1) Term.--A contract awarded under this section shall 
        have a term that does not exceed 3 years.
            ``(2) Covered management measures.--Each eligible producer 
        requesting funding under the alternative manure management 
        program shall implement at least one of the following:
                    ``(A) With respect to pasture-based management--
                            ``(i) adopting pasture-based management;
                            ``(ii) converting a non-pasture dairy or 
                        livestock operation to pasture-based 
                        management;
                            ``(iii) increasing the amount of time 
                        livestock spend at pasture at an existing 
                        pasture operation; or
                            ``(iv) improving pasture-based management, 
                        including transitioning to management-intensive 
                        rotational grazing (as defined in section 
                        1240L(d)(1)).
                    ``(B) Adopting alternative manure treatment and 
                storage practices, including--
                            ``(i) the installation of a compost-bedded 
                        pack barn that composts manure;
                            ``(ii) the installation of a slatted floor 
                        pit storage manure collection that is cleaned 
                        out at least once a month; or
                            ``(iii) other similar practices, as 
                        determined by the Secretary.
                    ``(C)(i)(I) Adopting a solid separation system;
                    ``(II) installing a new solid separation system 
                that has a significantly higher separation efficiency 
                than any existing solid separation system; or
                    ``(III) developing or retrofitting a manure 
                management system that primarily avoids wet handling 
                infrastructure; and
                    ``(ii) in conjunction with one or more of the 
                following management measures:
                            ``(I) Open solar drying or composting of 
                        manure onsite.
                            ``(II) Solar drying in an enclosed 
                        environment.
                            ``(III) Forced evaporation with natural-gas 
                        fueled dryers.
                            ``(IV) Storage of manure in unconfined 
                        piles or stacks.
                            ``(V) Composting in an enclosed vessel, 
                        with forced aeration and continuous mixing.
                            ``(VI) Composting in piles with forced 
                        aeration without mixing.
                            ``(VII) Composting in intensive windrows 
                        with regular turning for mixing and aeration.
                            ``(VIII) Composting in passive windrows 
                        with infrequent turning for mixing and 
                        aeration.
                            ``(IX) Other similar management measures, 
                        as determined by the Secretary.
                    ``(D) Adopting scrape technologies, including 
                vacuum technologies, in conjunction with one of the 
                management measures listed in subclauses (I) through 
                (IX) of subparagraph (C)(ii).
            ``(3) Duties of eligible producers under contract.--To 
        receive payments under the alternative manure management 
        program, an eligible producer shall--
                    ``(A) implement one or more covered management 
                measures;
                    ``(B) supply information as required by the 
                Secretary to determine compliance with the requirements 
                of the alternative manure management program; and
                    ``(C) comply with such additional provisions as the 
                Secretary determines are necessary to carry out the 
                alternative manure management program.
    ``(g) Payments to Eligible Producers.--
            ``(1) In general.--During the period of fiscal years 2024 
        through 2029, the Secretary shall provide payments to eligible 
        producers that enter into contracts with the Secretary under 
        the alternative manure management program.
            ``(2) Availability of payments.--Payments provided to an 
        eligible producer under this section may be used to implement 
        one or more covered management measures.
            ``(3) Payment amounts.--The Secretary may provide a payment 
        to an eligible producer under the alternative manure management 
        program for an amount that is up to 100 percent of the costs 
        associated with planning, design, materials, equipment, 
        installation, labor, management, maintenance, and training 
        related to implementing a covered management measure.
            ``(4) Limitation on payments.--A person or legal entity 
        (including a joint venture and a general partnership) may not 
        receive, directly or indirectly, payments under the alternative 
        manure management program that exceed $825,000 during any 5-
        year period.
            ``(5) Advanced payments.--The Secretary shall provide at 
        least 50 percent of the amount of total payments to an eligible 
        producer in advance for all costs related to--
                    ``(A) purchasing or contracting materials and 
                equipment; or
                    ``(B) any technical assistance provided by the 
                Secretary.
    ``(h) Modification or Termination of Contracts.--
            ``(1) Voluntary modification or termination.--The Secretary 
        may modify or terminate a contract entered into with an 
        eligible producer under the alternative manure management 
        program if--
                    ``(A) that eligible producer agrees to that 
                modification or termination; and
                    ``(B) the Secretary determines that the 
                modification or termination is in the public interest.
            ``(2) Involuntary termination.--The Secretary may terminate 
        a contract under the alternative manure management program if 
        the Secretary determines that an eligible producer violated 
        that contract.
    ``(i) Duties of the Secretary.--The Secretary shall--
            ``(1) determine and publish factors for estimating the 
        carbon sequestrations and greenhouse gas emissions reductions 
        for each covered management measure, including the management 
        measures listed in subclauses (I) through (IX) of subsection 
        (f)(2)(C)(ii);
            ``(2) assist an eligible producer in achieving the carbon 
        sequestration, greenhouse gas emissions reduction, and other 
        environmental and public health goals of the alternative manure 
        management program by--
                    ``(A) providing payments for developing and 
                implementing one or more covered management measures, 
                as appropriate; and
                    ``(B) providing that eligible producer with 
                information, technical assistance, and training to aid 
                in implementation of the covered management measures; 
                and
            ``(3) review the adequacy of existing conservation practice 
        standards for supporting the covered management measures and, 
        if necessary--
                    ``(A) revise existing conservation practice 
                standards; and
                    ``(B) develop new conservation practice standards.
    ``(j) Technical Assistance.--In providing technical assistance 
under the alternative manure management program, the Secretary shall 
apply sections 1241(c) and 1242, except that the Secretary shall--
            ``(1) apportion not more than 15 percent of the total 
        funding available for the alternative manure management program 
        for the provision of technical assistance; and
            ``(2) enter into cooperative agreements with third-party 
        providers with relevant expertise in the covered management 
        measures to ensure adequate technical services are available to 
        alternative manure management program applicants.
    ``(k) Funding.--
            ``(1) In general.--The Secretary shall use the funds, 
        facilities, and authorities of the Commodity Credit Corporation 
        to carry out the alternative manure management program 
        (including the provision of technical assistance described in 
        subsection (j)) using $1,500,000,000 for the period of fiscal 
        years 2024 through 2028.
            ``(2) Reservations of funds.--The Secretary shall use a 
        majority of the funds made available by paragraph (1) for 
        contract offers from small and mid-sized dairy and livestock 
        operations, including--
                    ``(A) beginning farmers or ranchers;
                    ``(B) limited resource farmers and ranchers; and
                    ``(C) socially disadvantaged farmers and 
                ranchers.''.

SEC. 3. ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM.

    Section 1201(a) of the Food Security Act of 1985 (16 U.S.C. 
3801(a)) is amended--
            (1) by redesignating paragraphs (3) through (27) as 
        paragraphs (4) through (28), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) Composting practice.--The term `composting practice' 
        means--
                    ``(A) an activity (including an activity that does 
                not require the use of a composting facility) to 
                produce compost from organic waste that is--
                            ``(i) generated on a farm; or
                            ``(ii) brought to a farm from the nearby 
                        community; and
                    ``(B) the use and active management of compost on a 
                farm to improve water retention and soil health, 
                subject to the condition that such use shall be in 
                compliance with applicable Federal, State, and local 
                laws.''.

SEC. 4. 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 ``and composting 
practices'' before the semicolon.

SEC. 5. 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 ``drainage management systems''.

SEC. 6. 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.--Not 
        later than one year after the date of enactment of this 
        paragraph, the Secretary shall--
                    ``(A) conduct a review of the composting facilities 
                practice standard and the soil carbon amendment 
                practice standard to determine their adequacy in 
                advancing alternative manure management and on-farm 
                composting generation and utilization; and
                    ``(B) develop and implement a new conservation 
                practice standard for the on-farm production of 
                compost.''.
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