I 
115TH CONGRESS 
1ST SESSION H. R. 2722 
To encourage the development, certification, and adoption of environmentally 
sustainable swine waste disposal technologies, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 25, 2017 
Mr. PRICE of North Carolina introduced the following bill; which was referred 
to the Committee on Agriculture, and in addition to the Committee on 
Ways and Means, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To encourage the development, certification, and adoption 
of environmentally sustainable swine waste disposal tech-
nologies, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Swine Waste Infra-
structure and Natural Environment Act’’ or the ‘‘SWINE 
Act’’. 
SEC. 2. FINDINGS; SENSE OF CONGRESS. 
(a) FINDINGS.—Congress finds the following: 
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(1) Animal agricultural production represents 
an important part of our Nation’s economy and a 
critical source of income for hundreds of thousands 
of American families. 
(2) Animal agricultural production facilities, in-
cluding 
combined 
animal 
feeding 
operations 
(CAFOs), produce millions of tons of animal waste 
annually, the management and disposal of which 
represents an integral part of the animal agricul-
tural production process. 
(3) Traditional methods of animal waste dis-
posal, especially those associated with ‘‘lagoon and 
spray-field’’ systems, have been shown by federally 
funded research to result in negative environmental 
and social externalities, including contamination of 
soil, groundwater, and surface water with nitrogen, 
contamination of air with ammonia, and other 
threats to animal and human health. 
(4) During severe weather events, the risk of 
negative externalities can become particularly acute, 
as ‘‘lagoons’’ have the potential to overflow or 
breach their walls and flood surrounding commu-
nities and waterways with unprocessed animal waste. 
(5) In the Southeastern United States, com-
bined animal feeding operations dedicated to the 
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production of swine are disproportionately located in 
low-income communities. 
(6) In recent decades, collaborative research 
and development efforts by industry, academia, 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 and, in some 
cases, produce value-added byproducts that can gen-
erate new revenue for producers. 
(7) The widespread adoption of superior waste 
management and disposal technologies has been in-
hibited by various social and economic factors, in-
cluding the cost to producers of installing and oper-
ating such systems. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the conversion of existing ‘‘lagoon and 
spray-field’’ systems into superior waste manage-
ment and disposal systems would produce significant 
benefits to the environment and public health, in-
cluding more sustainable agricultural operations, im-
proved animal health, and improved resilience 
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against severe weather events, and should thus be a 
goal of national policy; and 
(2) the approval of new animal agricultural pro-
duction facilities by Federal or State authorities 
should be made contingent on the adoption of supe-
rior waste management and disposal systems, as has 
already occurred in some States. 
SEC. 3. ENVIRONMENTALLY SUSTAINABLE SWINE WASTE 
DISPOSAL TECHNOLOGIES. 
(a) IN GENERAL.—Not later than 6 months after the 
date of enactment of this Act, the Secretary of Agriculture 
shall establish a program for certifying environmentally 
sustainable swine waste disposal technologies in accord-
ance with this section. 
(b) STANDARDS.— 
(1) REQUIREMENTS.—In establishing the pro-
gram under this section, the Secretary shall estab-
lish standards requiring that a swine waste disposal 
technology, in order to be certified under this sec-
tion— 
(A) eliminate animal discharge into surface 
waters and groundwater through direct dis-
charge, seepage, or runoff; 
(B) substantially eliminate atmospheric 
emissions of ammonia from swine waste; 
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(C) 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 located; 
(D) substantially eliminate the release of 
disease-transmitting 
vectors 
and 
airborne 
pathogens from swine waste; 
(E) substantially eliminate nutrient and 
heavy metal contamination of soil and ground-
water from swine waste; and 
(F) be cost-effective. 
(2) 
COST-EFFECTIVENESS.—In 
determining 
whether a technology is cost-effective under this sec-
tion, the Secretary— 
(A) shall consider the full range of sub-
sidies available under this Act and other Fed-
eral programs, and available State and private- 
sector support; 
(B) in considering the costs of a tech-
nology, may include costs associated with adop-
tion of the technology and the estimated oper-
ation and maintenance costs of the technology 
through the life of technology; and 
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(C) may not require parity with the cost of 
existing swine waste disposal technologies and 
systems. 
(3) CONSULTATION.—In establishing standards 
under this paragraph, the Secretary shall consult 
with the Administrator of the Environmental Protec-
tion Agency, the relevant task force established 
under section 1672A of the Food, Agriculture, Con-
servation, and Trade Act of 1990, and States that 
have a history of widespread use of lagoon and spray 
technology on swine farms. 
(c) CERTIFICATION.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Administrator of the Environmental 
Protection Agency and the relevant task force estab-
lished under section 1672A of the Food, Agriculture, 
Conservation, and Trade Act of 1990, shall certify 
a swine waste disposal technology as being environ-
mentally sustainable if it meets the standards estab-
lished under subsection (b). 
(2) ELIGIBLE
TECHNOLOGIES.—Swine waste 
disposal technologies that are eligible for certifi-
cation under this subsection include stand-alone 
waste disposal technology platforms and multi-part 
systems, which may incorporate in-ground tech-
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nology, that meet or exceed, in combination, the 
standards established under this section, as deter-
mined by the Secretary. 
SEC. 4. STATE PERMITTING AND CERTIFICATION REQUIRE-
MENTS. 
Beginning on the effective date of the standards es-
tablished under section 2, no State may issue a permit 
pursuant to any Federal law to a swine farm that is a 
concentrated animal feeding operation (as defined in sec-
tion 122.23 of title 40, Code of Federal Regulations) un-
less the swine farm disposes of swine waste only through 
use of swine waste disposal technology certified under sec-
tion 3(c). 
SEC. 5. SWINE WASTE MANAGEMENT RESEARCH AND EX-
TENSION INITIATIVE. 
(a) IN GENERAL.—Title XVI of the Food, Agri-
culture, Conservation, and Trade Act of 1990 (7 U.S.C. 
5801 et seq.) is amended by inserting after section 1672 
(7 U.S.C. 5925) the following new section: 
‘‘SEC. 1672A. SWINE WASTE MANAGEMENT RESEARCH AND 
EXTENSION INITIATIVE. 
‘‘(a) COMPETITIVE
RESEARCH
AND
EXTENSION 
GRANTS AUTHORIZED.—The Secretary shall make com-
petitive grants to support research and extension activities 
specified in subsection (c). The Secretary shall make the 
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grants in consultation with the National Agricultural Re-
search, Extension, Education, and Economics Advisory 
Board and the task force appointed under subsection 
(b)(2)(A). 
‘‘(b) ADMINISTRATION.— 
‘‘(1) IN GENERAL.—Paragraphs (4) and (7) of 
subsection (b) of the Competitive, Special, and Fa-
cilities Research Grant Act (7 U.S.C. 450i) shall 
apply with respect to the making of grants under 
this section. 
‘‘(2) USE OF TASK FORCES.— 
‘‘(A) IN GENERAL.—To facilitate the mak-
ing of research and extension grants under this 
section for the purpose specified in subsection 
(c), the Secretary shall appoint a task force to 
make recommendations to the Secretary. 
‘‘(B) COMPOSITION.—A task force estab-
lished under subparagraph (A) shall be com-
posed of representatives of each of the following 
entities: 
‘‘(i) Colleges and universities. 
‘‘(ii) The Department of Agriculture. 
‘‘(iii) The Environmental Protection 
Agency. 
‘‘(iv) The swine production industry. 
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‘‘(v) A nonprofit organization focused 
on the environmental effects of swine farm 
operations. 
‘‘(vi) A nonprofit organization focused 
on the social effects of swine farm oper-
ations. 
‘‘(vii) A nonprofit organization fo-
cused on the interests of swine growers 
and farmers. 
‘‘(c) ENVIRONMENTALLY SUPERIOR SWINE WASTE 
MANAGEMENT TECHNOLOGIES RESEARCH AND EXTEN-
SION.—Research and extension grants may be made under 
this section, with respect to swine waste management tech-
nologies certified under section 3(c) of the SWINE Act, 
for the purpose of identifying, evaluating, and dem-
onstrating environmentally superior waste management 
technologies for the processing of swine waste. 
‘‘(d) PRIORITY.—Following the completion of a peer 
review process for grant proposals received under this sec-
tion, the Secretary shall give priority to those grant pro-
posals that involve one or more of the following: 
‘‘(1) The cooperation of multiple entities. 
‘‘(2) States or regions with a high concentration 
of spray field and lagoon operations. 
‘‘(3) A reduction in water usage. 
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‘‘(4) The reduction of ammonia and odor emis-
sions, disease-transmitting vectors, airborne patho-
gens, and nutrient and heavy metal contamination 
that exceed the standards established for swine 
waste management technologies certified under sec-
tion 3(c) of the SWINE Act with respect to such re-
duction. 
‘‘(5) Significant improvement of the health of 
swine. 
‘‘(6) The generation of electricity. 
‘‘(7) Significant increases in nutrient recovery 
and fertilizer production. 
‘‘(8) Alternative uses of swine waste and the 
generation of renewable energy using such waste, in-
cluding innovative methods and technologies to allow 
agricultural operators to make use of swine waste, 
such as use as fertilizer, methane digestion, 
composting, and other useful byproducts. 
‘‘(9) Maximizing nutrition management for 
swine while limiting the risks associated with swine 
feeding practices (such as mineral bypass). 
‘‘(10) Improvements to water quality and 
aquatic ecosystems, including with respect to miti-
gating the impact of microorganisms of the genus 
Pfiesteria and other microorganisms that are a 
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threat to human or animal health on aquatic food 
webs, especially commercially important aquatic spe-
cies and their habitats. 
‘‘(11) The advancement of efforts of the De-
partment of Agriculture to reduce and eliminate 
antibiotics in livestock. 
‘‘(e) 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 
2018 through 2028.’’. 
(b) CONFIRMING
AVAILABILITY
OF
PORK
PRO-
MOTION FUNDING.—Section 1620(c)(3)(B)(i) of the Pork 
Promotion, Research, and Consumer Information Act of 
1985 (7 U.S.C. 4809(c)(3)(B)(i)) is amended by inserting 
before the semicolon the following: ‘‘, including grants 
awarded under section 1672A of the Food, Agriculture, 
Conservation, and Trade Act of 1990’’. 
SEC. 6. ELIGIBILITY OF ENVIRONMENTALLY SUSTAINABLE 
SWINE 
WASTE 
DISPOSAL 
TECHNOLOGIES 
UNDER EQIP. 
For purposes of section 1240A(4) of the Food Secu-
rity Act of 1985 (16 U.S.C. 3839aa–1(4)), the installation 
and maintenance on a swine farm of a swine waste dis-
posal technology certified under section 3(c) of this Act 
shall be considered an improvement to eligible land of a 
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producer that is consistent with the purposes of the envi-
ronmental quality incentives program established under 
chapter 4 of subtitle D of title XII of the Food Security 
Act of 1985 (16 U.S.C. 3839aa–1 et seq.). 
SEC. 7. SWINE WASTE DISPOSAL CREDITS. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by adding at the end the following new 
sections: 
‘‘SEC. 45S. SWINE WASTE DISPOSAL TECHNOLOGY INSTAL-
LATION CREDIT. 
‘‘(a) ALLOWANCE OF CREDIT.—For purposes of sec-
tion 38, the swine waste disposal technology installation 
credit determined under this section with respect to a tax-
payer for any taxable year is an amount equal to the sum 
of— 
‘‘(1) 4 percent of the qualified installation costs 
paid or incurred by the taxpayer during the taxable 
year, and 
‘‘(2) 4 percent of such costs paid or incurred by 
the taxpayer during any of the prior four taxable 
years. 
‘‘(b) QUALIFIED INSTALLATION COST.—For pur-
poses of this section, the term ‘qualified installation cost’ 
means, with respect to a taxpayer, amounts which are paid 
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or incurred in the ordinary course of the taxpayer’s trade 
or business to install certified swine waste disposal tech-
nology. 
‘‘(c) CERTIFIED SWINE WASTE DISPOSAL TECH-
NOLOGY.—The term ‘certified swine waste disposal tech-
nology’ means environmentally sustainable technology cer-
tified under section 3(c) of the Swine Waste Infrastruc-
ture and Natural Environment Act. 
‘‘SEC. 45T. SWINE WASTE DISPOSAL CREDIT. 
‘‘(a) IN GENERAL.—For purposes of section 38, the 
swine waste disposal credit determined under this section 
with respect to a taxpayer for any taxable year is an 
amount equal to $100 for each 1,000 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 (as such term is defined 
in section 45S) by the taxpayer during the taxable year. 
‘‘(b) MAXIMUM CREDIT.— 
‘‘(1) IN GENERAL.—The aggregate credit deter-
mined under subsection (a) for any taxable year with 
respect to any taxpayer shall not exceed the qualified 
costs of the taxpayer for such taxable year. 
‘‘(2) QUALIFIED
COSTS
DEFINED.—For pur-
poses of this section, the term ‘qualified costs’ 
means costs paid or incurred by a taxpayer to main-
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tain or operate certified swine waste disposal tech-
nology.’’. 
(b) TREATMENT AS GENERAL BUSINESS CREDIT.— 
Subsection (b) of section 38 of such Code is amended by 
striking ‘‘plus’’ at the end of paragraph (35), by striking 
the period at the end of paragraph (36) and inserting a 
comma, and by adding at the end the following new para-
graphs: 
‘‘(37) the swine waste disposal technology in-
stallation credit determined under section 45S(a), 
plus 
‘‘(38) the swine waste disposal credit deter-
mined under section 45T(a).’’. 
(c) DEDUCTION FOR UNUSED CREDIT.—Subsection 
(c) of section 196 of such Code is amended by striking 
‘‘and’’ at the end of paragraph (13), by striking the period 
at the end of paragraph (14) and inserting a comma, and 
by adding at the end the following new paragraphs: 
‘‘(15) the swine waste disposal technology in-
stallation credit determined under section 45S(a), 
and 
‘‘(16) the swine waste disposal credit deter-
mined under section 45T(a).’’. 
(d) DEDUCTION AGAINST AMT.—Subparagraph (B) 
of section 38(c)(4) of such Code is amended by striking 
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‘‘and’’ at the end of clause (viii), by striking the period 
at the end of clause (ix) and inserting a comma, and by 
adding at the end the following new clauses: 
‘‘(x) the credit determined under sec-
tion 45S, and 
‘‘(xi) the credit determined under sec-
tion 45T.’’. 
(e) CLERICAL AMENDMENT.—The table of sections 
for subpart D of part IV of subchapter A of chapter 1 
of the such Code is amended by adding at the end the 
following new items: 
‘‘Sec. 45S. Swine waste disposal technology installation credit. 
‘‘Sec. 45T. Swine waste disposal credit.’’. 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall apply to amounts paid or incurred and 
swine waste disposed of after December 31, 2017. 
SEC. 8. SWINE FARM DEFINED. 
In this Act, the term ‘‘swine farm’’ means a tract 
of land devoted to raising 250 or more animals of the por-
cine species. 
Æ 
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