Summary
# Zero Food Waste Act - Plain English Summary
## WHAT THIS BILL DOES
This bill requires the Environmental Protection Agency (EPA) to give grants to organizations that work to reduce food waste. The goal is to cut the amount of food waste in half by 2030 compared to 2010 levels. Organizations can use these grants to study food waste, collect data about it, or run projects that prevent, rescue, upcycle or recycle food waste.
## WHO IT AFFECTS
- States, local governments, tribal governments and territorial governments
- Nonprofit organizations that qualify under tax law
- Partnerships between any of the above groups
- The EPA Administrator who will manage the grant program
- Congress, which will receive annual reports on the program's success
## KEY PROVISIONS
- The EPA will establish a competitive grant program to award money to eligible organizations for food waste reduction activities (Sec. 2(b)(1))
- Eligible organizations can receive grants to study food waste in their area and develop plans to reduce it through prevention, rescue, upcycling or recycling (Sec. 2(b)(3)(A))
- Eligible organizations can receive grants to collect data on food waste and publish monthly or quarterly reports about it (Sec. 2(b)(3)(B))
- The EPA will prioritize grants for communities of color, low-income communities and tribal communities that have been harmed by pollution or health problems (Sec. 2(c)(3)(B)(ii))
- For projects using anaerobic digestion (a process that breaks down organic waste), the EPA will require plans to use the resulting material as soil improvement and limit animal waste to no more than 20 percent of the total material processed (Sec. 2(c)(4))
## WHAT CHANGES
If this bill becomes law, the EPA will start a new grant program with money available each year. Organizations can now apply for funding to reduce food waste through various methods. The EPA will track progress toward the goal of cutting food waste in half by 2030 and report annually to Congress and the public about how well the program is working.
## IMPORTANT DEFINITIONS
- **Food waste**: Any uneaten food and inedible parts of food
- **Food waste reduction activity**: Any method that reduces food waste sent to landfills or incinerators, including preventing it, rescuing it for eating, upcycling it or recycling it
- **Prevent**: To stop food waste from being created in the first place
- **Rescue**: To redirect extra food so people can eat it
- **Upcycle**: To make new food from ingredients that would otherwise become waste
- **Recycle**: To reuse food waste as material for nonfood products
- **Source separated organics**: Organic waste that people separate from other trash themselves
- **Nonprofit organization**: A tax-exempt organization under federal tax law
## EFFECTIVE DATE
Not specified in bill text
II
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 Protec-
tion Agency to provide grants to reduce the quantity
of food waste, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Zero Food Waste Act’’.
4
SEC. 2. FOOD WASTE REDUCTION GRANTS.
5
(a) DEFINITIONS.—In this section:
6
(1) ADMINISTRATOR.—The term ‘‘Adminis-
7
trator’’ means the Administrator of the Environ-
8
mental Protection Agency.
9
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•S 177 IS
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
1
ty’’ means—
2
(A) a State, a local government, a terri-
3
torial government, or a Tribal government;
4
(B) a nonprofit organization; and
5
(C) a partnership of 2 or more of any of
6
the entities described in subparagraphs (A) and
7
(B).
8
(3) FOOD
WASTE.—The term ‘‘food waste’’
9
means any uneaten food and inedible parts of food.
10
(4) FOOD WASTE REDUCTION ACTIVITY.—The
11
term ‘‘food waste reduction activity’’ means any
12
method or activity that reduces the quantity of food
13
waste disposed of in landfills or incinerated, includ-
14
ing through prevention, rescue, upcycling, and recy-
15
cling.
16
(5) NONPROFIT
ORGANIZATION.—The term
17
‘‘nonprofit organization’’ means an organization de-
18
scribed in section 501(c)(3) of the Internal Revenue
19
Code of 1986 and exempt from taxation under sec-
20
tion 501(a) of that Code.
21
(6) PREVENT.—The term ‘‘prevent’’ means to
22
forestall the generation of food waste.
23
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•S 177 IS
(7) RECYCLE.—The term ‘‘recycle’’ means to
1
reuse food waste as a feedstock for a nonfood prod-
2
uct.
3
(8) RESCUE.—The term ‘‘rescue’’ means to re-
4
direct surplus food for consumption.
5
(9) SOURCE SEPARATED ORGANICS.—
6
(A) IN GENERAL.—The term ‘‘source sepa-
7
rated organics’’ means organic waste that is
8
separated from other waste by the waste gener-
9
ator.
10
(B) INCLUSION.—The term ‘‘source sepa-
11
rated organics’’ includes materials that are cer-
12
tified to meet ASTM standard D6400 or
13
D6868.
14
(C) EXCLUSION.—The term ‘‘source sepa-
15
rated organics’’ does not include mixed solid
16
waste.
17
(10) UPCYCLE.—The term ‘‘upcycle’’ means to
18
make new food from ingredients that otherwise
19
would become food waste.
20
(b) PROGRAM.—
21
(1) ESTABLISHMENT.—The Administrator shall
22
establish and carry out a program to award competi-
23
tive grants in accordance with paragraph (3).
24
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•S 177 IS
(2) PURPOSE.—The purpose of the program es-
1
tablished under paragraph (1) is to help reduce the
2
quantity of food waste by 50 percent by 2030, rel-
3
ative to that quantity in 2010.
4
(3) GRANTS.—
5
(A) STUDY ON FOOD WASTE GENERATION
6
AND FOOD WASTE MANAGEMENT PLANNING.—
7
Under the program established under para-
8
graph (1), the Administrator may award a
9
grant to an eligible entity, excluding any eligible
10
entity that is a nonprofit organization—
11
(i) to study—
12
(I) the generation of food waste
13
in the State or area in which the eligi-
14
ble entity is located or otherwise
15
serves; and
16
(II) policies and programs that
17
significantly reduce the quantity of
18
food waste, including policies and pro-
19
grams to carry out food waste reduc-
20
tion activities; and
21
(ii) to develop a plan under which the
22
eligible entity will carry out at least 1 food
23
waste reduction activity, prioritizing pre-
24
vention to the extent practicable.
25
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•S 177 IS
(B) FOOD WASTE DATA AND REPORTS.—
1
Under the program established under para-
2
graph (1), the Administrator may award a
3
grant to an eligible entity, excluding any eligible
4
entity that is a nonprofit organization—
5
(i) to collect data on the quantity of
6
food waste generated in the State or area
7
in which the eligible entity is located or
8
otherwise serves; and
9
(ii) to publish, on any publicly avail-
10
able website (which may include the
11
website of a nongovernmental organiza-
12
tion), a monthly or quarterly report on the
13
data collected under clause (i).
14
(C)
FOOD
WASTE
REDUCTION
15
PROJECTS.—Under the program established
16
under paragraph (1), the Administrator may
17
award a grant to an eligible entity—
18
(i)(I) to carry out or otherwise sup-
19
port a food waste reduction activity;
20
(II) to implement a differential pric-
21
ing policy on the disposal of food waste—
22
(aa) to disincentivize disposing of
23
food waste by incineration or deposit
24
in a landfill; and
25
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•S 177 IS
(bb) to incentivize carrying out
1
food waste reduction activities;
2
(III) to pay for or provide technical
3
assistance to carry out a food waste reduc-
4
tion activity;
5
(IV) to implement restrictions on dis-
6
posing of food waste by incineration or de-
7
posit in a landfill;
8
(V) to implement food waste reduction
9
activity requirements;
10
(VI) to implement demand-stimulating
11
policies for recycling end-markets; or
12
(VII) to carry out any other activity
13
the Administrator determines will reduce
14
the quantity of food waste in the applicable
15
area; and
16
(ii) to collect data and publish reports
17
as described in subparagraph (B).
18
(c) APPLICATIONS.—
19
(1) IN GENERAL.—To apply for a grant under
20
this section, an eligible entity shall submit to the
21
Administrator an application at such time and in
22
such form as the Administrator may require, which
23
shall demonstrate how the eligible entity will use the
24
grant in accordance with subsection (b)(3).
25
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•S 177 IS
(2) NONPROFIT ORGANIZATIONS.—In the case
1
of an application under paragraph (1) from an eligi-
2
ble entity that is a nonprofit organization, the appli-
3
cation shall include—
4
(A) a letter of support for the proposed
5
use of the grant from—
6
(i) the relevant local government, ter-
7
ritorial government, Tribal government, or
8
State; or
9
(ii) another nonprofit organization
10
that—
11
(I) has a demonstrated history of
12
undertaking work in the geographic
13
region where the proposed use of the
14
grant is to take place, as determined
15
by the Administrator; and
16
(II) would not be involved in the
17
proposed use of the grant; and
18
(B) any other information the Adminis-
19
trator may require.
20
(3)
PRIORITIZATION.—In
awarding
grants
21
under this section, the Administrator shall—
22
(A) seek to award grants for use in diverse
23
locations and for diverse uses; and
24
(B) prioritize awarding grants to—
25
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•S 177 IS
(i) any eligible entity, excluding any
1
eligible entity that is a nonprofit organiza-
2
tion, that—
3
(I) implements a program to
4
carry out food waste reduction activi-
5
ties; or
6
(II) has a demonstrated need, as
7
determined by the Administrator, for
8
additional investment in infrastruc-
9
ture or other resources to be able to
10
implement a program to carry out
11
food waste reduction activities; or
12
(ii) an eligible entity that will use the
13
grant
in
accordance
with
subsection
14
(b)(3)(C)(i) in a community of color, low-
15
income community, or Tribal community
16
that has been disproportionately affected
17
by adverse human health or environmental
18
effects.
19
(4) ANAEROBIC
DIGESTION
PROJECTS.—With
20
respect to any grant awarded under subsection
21
(b)(3)(C) to carry out an anaerobic digestion
22
project, the Administrator shall—
23
(A) require the applicant to submit to the
24
Administrator a plan for end-product recycling
25
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•S 177 IS
that, in accordance with guidelines the Adminis-
1
trator shall establish—
2
(i) provides for the use of the material
3
resulting from the project as a soil amend-
4
ment; and
5
(ii) ensures that the use of the mate-
6
rial resulting from the project does not cre-
7
ate an environmental hazard; and
8
(B) require the eligible entity that is car-
9
rying out the project—
10
(i) to limit its use of animal waste to
11
not more than 20 percent of the total feed-
12
stock of the project; and
13
(ii) to only use source separated
14
organics as the portion of the total feed-
15
stock that is not animal waste.
16
(d) REPORTING.—
17
(1) EFFECT OF USE OF GRANT.—Each eligible
18
entity that receives a grant under this section shall
19
submit to the Administrator a report, at such time
20
and in such form as the Administrator may require,
21
on the results of the use of the grant, which shall
22
include any relevant data requested by the Adminis-
23
trator for purposes of tracking the effectiveness of
24
the program established under subsection (b)(1).
25
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•S 177 IS
(2) ANNUAL REPORT.—The Administrator shall
1
submit to Congress and make publicly available on
2
the website of the Environmental Protection Agency
3
an annual report describing—
4
(A) the effectiveness of the program estab-
5
lished under subsection (b)(1) in reducing the
6
quantity of food waste by 50 percent by 2030,
7
relative to that quantity in 2010, including in-
8
formation on the progress of that reduction;
9
and
10
(B) the means by which the Administrator
11
is promoting learning among grantees and
12
other stakeholders to better achieve results.
13
(e) AUTHORIZATION OF APPROPRIATIONS.—There is
14
authorized to be appropriated to carry out this section
15
$650,000,000 for each of fiscal years 2023 through 2032,
16
to remain available until expended.
17
Æ
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