II 118th CONGRESS 1st Session S. 2591 IN THE SENATE OF THE UNITED STATES July 27, 2023 Mr. Fetterman (for himself, Mr. Brown , Mr. Wyden , Mr. Markey , Mr. Van Hollen , Mr. Casey , and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Department of Agriculture Reorganization Act of 1994 to improve the Office of Urban Agriculture and Innovative Production, and for other purposes.

1. Short title This Act may be cited as the Supporting Urban and Innovative Farming Act of 2023 . 2. Office of Urban Agriculture and Innovative Production Section 222 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6923 ) is amended— (1) in subsection (a)— (A) in paragraph (3)(C), by inserting controlled-environment agriculture, such as before indoor ; (B) in paragraph (4)— (i) in subparagraph (F), by striking and at the end; (ii) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (H) leveraging the Department and State, Tribal, and local agencies to provide technical assistance for business incorporation, navigating local zoning, and managing farm tract numbers for smaller, noncontiguous parcels to growers implementing activities described in paragraph (3); (I) leveraging the Department and State, Tribal, and local agencies to promote conservation techniques unique to urban agriculture and innovative production, including techniques that address stormwater runoff and the impacted nature of urban land and the subsurface of the land; and (J) assisting urban, innovative, and controlled-environment agriculture producers to navigate Federal, State, Tribal, and local policies and regulations that impact business or operations. ; and (C) by adding at the end the following: (5) Cooperative agreements (A) In general The Director may enter into cooperative agreements with eligible entities described in subparagraph (B) to support the implementation of responsibilities described in paragraph (4). (B) Eligible entities An eligible entity referred to in subparagraph (A) is— (i) a nonprofit organization; (ii) an agricultural cooperative; (iii) an Indian Tribe; or (iv) a producer network or association. (C) Priority In establishing cooperative agreements under subparagraph (A), the Director shall give priority to cooperative agreements with eligible entities that— (i) serve geographic areas with high concentrations of urban or suburban farms; (ii) have established relationships with, or a history of serving, socially disadvantaged populations; (iii) have experience working with individuals with limited English proficiency; or (iv) demonstrate experience providing urban agriculture technical assistance in their geographic region. ; (2) in subsection (b)— (A) in paragraph (5)(B), by striking 2023 and inserting 2028 ; and (B) in paragraph (7)(A), by striking the date that and all that follows through paragraph (2)(B) and inserting September 30, 2028 ; (3) by striking subsection (c) and inserting the following: (c) Grants (1) Authorization (A) In general The Director shall award competitive grants to support the development of urban and innovative agricultural production that improves access to local foods in areas where access to fresh, healthy food is limited, including through community gardens, urban farms, rooftop farms, urban agroforestry, orchards, outdoor vertical production, green walls, indoor farms, controlled-environment agriculture, greenhouses, high-tech vertical technology, hydroponics, aeroponics, and aquaponics. (B) Microgrants An eligible entity may use funds from a grant under subparagraph (A) to provide microgrants to urban and innovative producers to support the growth of the farm or farm business of the urban and innovative producer. (2) Eligible entities An entity eligible to receive a grant under paragraph (1)(A) is any of the following: (A) A nonprofit organization. (B) A unit of local government. (C) A Tribal government. (D) An agricultural cooperative or other agricultural business entity or a producer network or association, including a community-supported agriculture network or association. (E) Any school that serves any of grades kindergarten through grade 12. (3) Priority In awarding grants under subparagraph (A) of paragraph (1), the Director shall give priority to applications from eligible entities that plan to use the grant funds to provide microgrants in accordance with subparagraph (B) of that paragraph. ; (4) in subsection (d)— (A) in the subsection heading, by striking Pilot projects and inserting Projects ; (B) in paragraph (1)(C), in the matter preceding clause (i), by striking 2023 and inserting 2028 ; and (C) in paragraph (2)— (i) in subparagraph (A)— (I) by striking shall carry out pilot projects under which the Secretary ; and (II) by inserting and construct at-scale composting or anaerobic digestion food waste-to-energy projects after food waste reduction plans ; (ii) in subparagraph (B)— (I) in the subparagraph heading, by striking pilot ; (II) in the matter preceding clause (i), by inserting Indian Tribes, after counties, ; (III) by redesignating clauses (vi) through (viii) as clauses (vii) through (ix), respectively; and (IV) by inserting after clause (v) the following: (vi) develop food waste-to-energy operations; ; (iii) by redesignating subparagraphs (C) through (E) as subparagraphs (D) through (F), respectively; (iv) by inserting after subparagraph (B) the following: (C) Limitation An entity that receives assistance under this paragraph may not use that assistance for an anaerobic digester that uses manure as the majority of its undigested biomass. ; and (v) by striking pilot each place it appears; and (5) by striking subsection (e) and inserting the following: (e) Funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000 for each of fiscal years 2024 through 2028, to remain available until expended. . 3. Agriculture and Food Research Initiative Section 2(b)(2)(E) of the Competitive, Special, and Facilities Research Grants Act ( 7 U.S.C. 3157(b)(2)(E) ) is amended— (1) in clause (iv), by striking and at the end; (2) in clause (v), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (vi) hydroponics, aquaponics, aeroponics, and other production technologies used in controlled-environment agriculture production. . 4. Data Collection on Urban, Indoor, and Emerging Agricultural Production Section 1672E of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925g ) is amended— (1) by redesignating subsection (d) as subsection (e); (2) by inserting after subsection (c) the following: (d) Data Collection on Urban, Indoor, and Emerging Agricultural Production (1) In General Not later than 90 days after the date of the enactment of this subsection and biennially thereafter, the Secretary, acting through the Director of the National Agricultural Statistics Service, shall prepare and transmit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report containing data on urban, indoor, and other emerging agricultural production, including data on— (A) community gardens and farms located in urban areas, suburbs, and urban clusters; (B) rooftop farms, outdoor vertical production, and green walls; (C) controlled environment agriculture, indoor farms, greenhouses, and high-tech vertical technology farms; (D) hydroponic, aeroponic, and aquaponic farm facilities; (E) other innovations in agricultural production, as determined by the Secretary; (F) the locations of the facilities described in subparagraphs (A) through (E); and (G) demographic information on the owners and operators of those facilities. (2) Authorization of Appropriations There is authorized to be appropriated to carry out this subsection $14,000,000 for the period of fiscal years 2024 through 2028. ; and (3) in subsection (e) (as so redesignated), by inserting (other than subsection (d)) after this section each place it appears.