,i #aaeth ,,congress #ast ,session ,h4 ,r4 #bgbb ,,in ,,the ,,house ,,of ,,representatives ,may #be1 #bjag,mr4 ,price of ,north ,carolina introduced the following bill2 which was referred to the ,committee on ,agriculture1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to encourage the development1 certification1 and adoption of environmentally sustainable swine waste disposal technologies1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,swine ,waste ,infrastructure and ,natural ,environment ,act or the ,,swine ,act4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress finds the following3 7#a7 ,animal agricultural production represents an important part of our ,nation's economy and a critical source of income for hundreds of thousands of ,american families4 7#b7 ,animal agricultural production facilities1 including combined animal feeding operations 7,c,a,f,os71 produce millions of tons of animal waste annually1 the management and disposal of which represents an integral part of the animal agricultural production process4 7#c7 ,traditional methods of animal waste disposal1 especially those associated with lagoon and spray-field systems1 have been shown by federally funded research to result in negative environmental and social externalities1 including contamination of soil1 groundwater1 and surface water with nitrogen1 contamination of air with ammonia1 and other threats to animal and human health4 7#d7 ,during severe weather events1 the risk of negative externalities can become particularly acute1 as lagoons have the potential to overflow or breach their walls and flood surrounding communities and waterways with unprocessed animal waste4 7#e7 ,in the ,southeastern ,united ,states1 combined animal feeding operations dedicated to the production of swine are disproportionately located in low-income communities4 7#f7 ,in recent decades1 collaborative research and development efforts by industry1 academia1 and the public sector have produced numerous superior waste management and disposal technologies that have been shown to significantly reduce the negative environmental and social externalities associated with lagoon and spray-field systems and1 in some cases1 produce value-added byproducts that can generate new revenue for producers4 7#g7 ,the widespread adoption of superior waste management and disposal technologies has been inhibited by various social and economic factors1 including the cost to producers of installing and operating such systems4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the conversion of existing lagoon and spray-field systems into superior waste management and disposal systems would produce significant benefits to the environment and public health1 including more sustainable agricultural operations1 improved animal health1 and improved resilience against severe weather events1 and should thus be a goal of national policy2 and 7#b7 the approval of new animal agricultural production facilities by ,federal or ,state authorities should be made contingent on the adoption of superior waste management and disposal systems1 as has already occurred in some ,states4 #c4 ,environmentally sustainable swine waste disposal technologies 7a7 ,in general ,not later than #f months after the date of enactment of this ,act1 the ,secretary of ,agriculture shall establish a program for certifying environmentally sustainable swine waste disposal technologies in accordance with this section4 7b7 ,standards 7#a7 ,requirements ,in establishing the program under this section1 the ,secretary shall establish standards requiring that a swine waste disposal technology1 in order to be certified under this section-- 7,a7 eliminate animal discharge into surface waters and groundwater through direct discharge1 seepage1 or runoff2 7,b7 substantially eliminate atmospheric emissions of ammonia from swine waste2 7,c7 substantially eliminate the emission of odor from swine waste that is detectable beyond the boundaries of the parcel or tract of land on which the swine farm is located2 7,d7 substantially eliminate the release of disease-transmitting vectors and airborne pathogens from swine waste2 7,e7 substantially eliminate nutrient and heavy metal contamination of soil and groundwater from swine waste2 and 7,f7 be cost-effective4 7#b7 ,cost-effectiveness ,in determining whether a technology is cost-effective under this section1 the ,secretary-- 7,a7 shall consider the full range of subsidies available under this ,act and other ,federal programs1 and available ,state and private-sector support2 7,b7 in considering the costs of a technology1 may include costs associated with adoption of the technology and the estimated operation and maintenance costs of the technology through the life of technology2 and 7,c7 may not require parity with the cost of existing swine waste disposal technologies and systems4 7#c7 ,consultation ,in establishing standards under this paragraph1 the ,secretary shall consult with the ,administrator of the ,environmental ,protection ,agency1 the relevant task force established under section #afgb;,a of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij1 and ,states that have a history of widespread use of lagoon and spray technology on swine farms4 7c7 ,certification 7#a7 ,in general ,the ,secretary1 in consultation with the ,administrator of the ,environmental ,protection ,agency and the relevant task force established under section #afgb;,a of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij1 shall certify a swine waste disposal technology as being environmentally sustainable if it meets the standards established under subsection 7b74 7#b7 ,eligible technologies ,swine waste disposal technologies that are eligible for certification under this subsection include stand-alone waste disposal technology platforms and multi-part systems1 which may incorporate in-ground technology1 that meet or exceed1 in combination1 the standards established under this section1 as determined by the ,secretary4 #d4 ,state permitting and certification requirements ,beginning on the effective date of the standards established under section #b1 no ,state may issue a permit pursuant to any ,federal law to a swine farm that is a concentrated animal feeding operation 7as defined in section #abb4bc of title #dj1 ,code of ,federal ,regulations7 unless the swine farm disposes of swine waste only through use of swine waste disposal technology certified under section #c7;c74 #e4 ,swine ,waste ,management ,research and ,extension ,initiative 7a7 ,in general ,title ,,xvi of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #ehja et seq47 is amended by inserting after section #afgb 7#g ,u4,s4,c4 #eibe7 the following new section3 #afgb;,a4 ,swine ,waste ,management ,research and ,extension ,initiative 7a7 ,competitive research and extension grants authorized ,the ,secretary shall make competitive grants to support research and extension activities specified in subsection 7c74 ,the ,secretary shall make the grants in consultation with the ,national ,agricultural ,research1 ,extension1 ,education1 and ,economics ,advisory ,board and the task force appointed under subsection 7b77#b77;,a74 7b7 ,administration 7#a7 ,in general ,paragraphs 7#d7 and 7#g7 of subsection 7b7 of the ,competitive1 ,special1 and ,facilities ,research ,grant ,act 7#g ,u4,s4,c4 #dej;i7 shall apply with respect to the making of grants under this section4 7#b7 ,use of task forces 7,a7 ,in general ,to facilitate the making of research and extension grants under this section for the purpose specified in subsection 7c71 the ,secretary shall appoint a task force to make recommendations to the ,secretary4 7,b7 ,composition ,a task force established under subparagraph 7,a7 shall be composed of representatives of each of the following entities3 7i7 ,colleges and universities4 7ii7 ,the ,department of ,agriculture4 7iii7 ,the ,environmental ,protection ,agency4 7iv7 ,the swine production industry4 7v7 ,a nonprofit organization focused on the environmental effects of swine farm operations4 7vi7 ,a nonprofit organization focused on the social effects of swine farm operations4 7vii7 ,a nonprofit organization focused on the interests of swine growers and farmers4 7c7 ,environmentally superior swine waste management technologies research and extension ,research and extension grants may be made under this section1 with respect to swine waste management technologies certified under section #c7;c7 of the ,,swine ,act1 for the purpose of identifying1 evaluating1 and demonstrating environmentally superior waste management technologies for the processing of swine waste4 7d7 ,priority ,following the completion of a peer review process for grant proposals received under this section1 the ,secretary shall give priority to those grant proposals that involve one or more of the following3 7#a7 ,the cooperation of multiple entities4 7#b7 ,states or regions with a high concentration of spray field and lagoon operations4 7#c7 ,a reduction in water usage4 7#d7 ,the reduction of ammonia and odor emissions1 disease-transmitting vectors1 airborne pathogens1 and nutrient and heavy metal contamination that exceed the standards established for swine waste management technologies certified under section #c7;c7 of the ,,swine ,act with respect to such reduction4 7#e7 ,significant improvement of the health of swine4 7#f7 ,the generation of electricity4 7#g7 ,significant increases in nutrient recovery and fertilizer production4 7#h7 ,alternative uses of swine waste and the generation of renewable energy using such waste1 including innovative methods and technologies to allow agricultural operators to make use of swine waste1 such as use as fertilizer1 methane digestion1 composting1 and other useful byproducts4 7#i7 ,maximizing nutrition management for swine while limiting the risks associated with swine feeding practices 7such as mineral bypass74 7#aj7 ,improvements to water quality and aquatic ecosystems1 including with respect to mitigating the impact of microorganisms of the genus ,pfiesteria and other microorganisms that are a threat to human or animal health on aquatic food webs1 especially commercially important aquatic species and their habitats4 7#aa7 ,the advancement of efforts of the ,department of ,agriculture to reduce and eliminate antibiotics in livestock4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years #bjah through #bjbh4 4 7b7 ,confirming availability of pork promotion funding ,section #afbj7;c77#c77;,b77i7 of the ,pork ,promotion1 ,research1 and ,consumer ,information ,act of #aihe 7#g ,u4,s4,c4 #dhji7;c77#c77;,b77i77 is amended by inserting before the semicolon the following3 1 including grants awarded under section #afgb;,a of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij4 #f4 ,eligibility of environmentally sustainable swine waste disposal technologies under ,,eqip ,for purposes of section #abdj;,a7#d7 of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#a7d771 the installation and maintenance on a swine farm of a swine waste disposal technology certified under section #c7;c7 of this ,act shall be considered an improvement to eligible land of a producer that is consistent with the purposes of the environmental quality incentives program established under chapter #d of subtitle ,d of title ,,xii of the ,food ,security ,act of #aihe 7#af ,u4,s4,c4 #chci;aa-#a et seq474 #g4 ,swine waste disposal credits 7a7 ,in general ,subpart ,d of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new sections3 #de,s4 ,swine waste disposal technology installation credit 7a7 ,allowance of credit ,for purposes of section #ch1 the swine waste disposal technology installation credit determined under this section with respect to a taxpayer for any taxable year is an amount equal to the sum of-- 7#a7 #d percent of the qualified installation costs paid or incurred by the taxpayer during the taxable year1 and 7#b7 #d percent of such costs paid or incurred by the taxpayer during any of the prior four taxable years4 7b7 ,qualified installation cost ,for purposes of this section1 the term qualified installation cost means1 with respect to a taxpayer1 amounts which are paid or incurred in the ordinary course of the taxpayer's trade or business to install certified swine waste disposal technology4 7c7 ,certified swine waste disposal technology ,the term certified swine waste disposal technology means environmentally sustainable technology certified under section #c7;c7 of the ,swine ,waste ,infrastructure and ,natural ,environment ,act4 #de,t4 ,swine waste disposal credit 7a7 ,in general ,for purposes of section #ch1 the swine waste disposal credit determined under this section with respect to a taxpayer for any taxable year is an amount equal to #ajj for each #a1jjj pounds of steady state live weight of swine waste disposed of in the ordinary course of the taxpayer's trade or business using certified swine waste disposal technology 7as such term is defined in section #de,s7 by the taxpayer during the taxable year4 7b7 ,maximum credit 7#a7 ,in general ,the aggregate credit determined under subsection 7a7 for any taxable year with respect to any taxpayer shall not exceed the qualified costs of the taxpayer for such taxable year4 7#b7 ,qualified costs defined ,for purposes of this section1 the term qualified costs means costs paid or incurred by a taxpayer to maintain or operate certified swine waste disposal technology4 4 7b7 ,treatment as general business credit ,subsection 7b7 of section #ch of such ,code is amended by striking plus at the end of paragraph 7#ce71 by striking the period at the end of paragraph 7#cf7 and inserting a comma1 and by adding at the end the following new paragraphs3 7#cg7 the swine waste disposal technology installation credit determined under section #de,s7a71 plus 7#ch7 the swine waste disposal credit determined under section #de,t7a74 4 7c7 ,deduction for ,unused ,credit ,subsection 7c7 of section #aif of such ,code is amended by striking and at the end of paragraph 7#ac71 by striking the period at the end of paragraph 7#ad7 and inserting a comma1 and by adding at the end the following new paragraphs3 7#ae7 the swine waste disposal technology installation credit determined under section #de,s7a71 and 7#af7 the swine waste disposal credit determined under section #de,t7a74 4 7d7 ,deduction against ,,amt ,subparagraph 7,b7 of section #ch7;c77#d7 of such ,code is amended by striking and at the end of clause 7viii71 by striking the period at the end of clause 7ix7 and inserting a comma1 and by adding at the end the following new clauses3 7x7 the credit determined under section #de,s1 and 7xi7 the credit determined under section #de,t4 4 7e7 ,clerical ,amendment ,the table of sections for subpart ,d of part ,,iv of subchapter ,a of chapter #a of the such ,code is amended by adding at the end the following new items3 ,sec4 #de,s4 ,swine waste disposal technology installation credit4 ,sec4 #de,t4 ,swine waste disposal credit4 4 7f7 ,effective date ,the amendments made by this section shall apply to amounts paid or incurred and swine waste disposed of after ,december #ca1 #bjag4 #h4 ,swine farm defined ,in this ,act1 the term swine farm means a tract of land devoted to raising #bej or more animals of the porcine species4