text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Swine Waste Infrastructure and 
  Natural Environment Act'' or the ``SWINE Act''.
  
  SEC. 2. FINDINGS; SENSE OF CONGRESS.
  
      (a) Findings.--Congress finds the following:
              (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, including 
          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 agricultural 
          production process.
              (3) Traditional methods of animal waste disposal, 
          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 communities and waterways with unprocessed animal 
          waste.
              (5) In the Southeastern United States, combined animal 
          feeding operations dedicated to the 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 generate new 
          revenue for producers.
              (7) The widespread adoption of superior waste management 
          and disposal technologies has been inhibited by various social 
          and economic factors, including the cost to producers of 
          installing and operating such systems.
      (b) Sense of Congress.--It is the sense of Congress that--
              (1) 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 health, including more sustainable agricultural 
          operations, improved animal health, and improved resilience 
          against severe weather events, and should thus be a goal of 
          national policy; and
              (2) 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 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 accordance with this section.
      (b) Standards.--
              (1) Requirements.--In establishing the program under this 
          section, the Secretary shall establish standards requiring that 
          a swine waste disposal technology, in order to be certified 
          under this section--
                      (A) eliminate animal discharge into surface waters 
                  and groundwater through direct discharge, seepage, or 
                  runoff;
                      (B) substantially eliminate atmospheric emissions 
                  of ammonia from swine waste;
                      (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 groundwater from swine 
                  waste; and
                      (F) be cost-effective.
              (2) Cost-effectiveness.--In determining whether a 
          technology is cost-effective under this section, the 
          Secretary--
                      (A) shall consider the full range of subsidies 
                  available under this Act and other Federal programs, 
                  and available State and private-sector support;
                      (B) in considering the costs of a technology, may 
                  include costs associated with adoption of the 
                  technology and the estimated operation and maintenance 
                  costs of the technology through the life of technology; 
                  and
                      (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 Protection Agency, the relevant task force 
          established under section 1672A of the Food, Agriculture, 
          Conservation, 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 consultation with the 
          Administrator of the Environmental Protection Agency and the 
          relevant task force established under section 1672A of the 
          Food, Agriculture, Conservation, and Trade Act of 1990, shall 
          certify a swine waste disposal technology as being 
          environmentally sustainable if it meets the standards 
          established under subsection (b).
              (2) Eligible technologies.--Swine waste disposal 
          technologies that are eligible for certification under this 
          subsection include stand-alone waste disposal technology 
          platforms and multi-part systems, which may incorporate in-
          ground technology, that meet or exceed, in combination, the 
          standards established under this section, as determined by the 
          Secretary.
  
  SEC. 4. STATE PERMITTING AND CERTIFICATION REQUIREMENTS.
  
      Beginning on the effective date of the standards established 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 section 122.23 of title 40, Code of Federal Regulations) unless the 
  swine farm disposes of swine waste only through use of swine waste 
  disposal technology certified under section 3(c).
  
  SEC. 5. SWINE WASTE MANAGEMENT RESEARCH AND EXTENSION INITIATIVE.
  
      (a) In General.--Title XVI of the Food, Agriculture, 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 competitive grants to support research and 
  extension activities specified in subsection (c). The Secretary shall 
  make the grants in consultation with the National Agricultural 
  Research, 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 Facilities 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 making 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 established under 
                  subparagraph (A) shall be composed 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.
                              ``(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 operations.
      ``(c) Environmentally Superior Swine Waste Management Technologies 
  Research and Extension.--Research and extension grants may be made 
  under this section, with respect to swine waste management technologies 
  certified under section 3(c) of the SWINE Act, for the purpose of 
  identifying, evaluating, and demonstrating 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 section, the Secretary shall 
  give priority to those grant proposals 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.
              ``(4) The reduction of ammonia and odor emissions, disease-
          transmitting vectors, airborne pathogens, and nutrient and 
          heavy metal contamination that exceed the standards established 
          for swine waste management technologies certified under section 
          3(c) of the SWINE Act with respect to such reduction.
              ``(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, including 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 mitigating the impact of 
          microorganisms of the genus Pfiesteria and other microorganisms 
          that are a threat to human or animal health on aquatic food 
          webs, especially commercially important aquatic species and 
          their habitats.
              ``(11) The advancement of efforts of the Department 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 Promotion 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 Security Act of 1985 
  (16 U.S.C. 3839aa-1(4)), the installation and maintenance on a swine 
  farm of a swine waste disposal technology certified under section 3(c) 
  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 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 subchapter A of chapter 1 
  of the Internal Revenue Code of 1986 is amended by adding at the end 
  the following new sections:
  
  ``SECTION 45S. SWINE WASTE DISPOSAL TECHNOLOGY INSTALLATION CREDIT.
  
      ``(a) Allowance of Credit.--For purposes of section 38, 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--
              ``(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 purposes of this section, 
  the term `qualified installation cost' means, with respect to a 
  taxpayer, amounts which are paid or incurred in the ordinary course of 
  the taxpayer's trade or business to install certified swine waste 
  disposal technology.
      ``(c) Certified Swine Waste Disposal Technology.--The term 
  `certified swine waste disposal technology' means environmentally 
  sustainable technology certified under section 3(c) of the Swine Waste 
  Infrastructure 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 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 determined 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 purposes of this 
          section, the term `qualified costs' means costs paid or 
          incurred by a taxpayer to maintain or operate certified swine 
          waste disposal technology.''.
      (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 
  paragraphs:
              ``(37) the swine waste disposal technology installation 
          credit determined under section 45S(a), plus
              ``(38) the swine waste disposal credit determined 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 installation 
          credit determined under section 45S(a), and
              ``(16) the swine waste disposal credit determined under 
          section 45T(a).''.
      (d) Deduction Against AMT.--Subparagraph (B) of section 38(c)(4) of 
  such Code is amended by striking ``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 section 
                          45S, and
                              ``(xi) the credit determined under section 
                          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 porcine species.
target: Swine Waste Infrastructure and Natural Environment Act or the SWINE Act  This bill establishes a program to certify environmentally sustainable swine waste disposal technologies and authorizes related tax credits and grants.  The Department of Agriculture (USDA) must certify technologies that:    eliminate animal discharge into surface waters and groundwater through direct discharge, seepage, or runoff; substantially eliminate atmospheric emissions of ammonia from swine waste;   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;   substantially eliminate the release of disease-transmitting vectors and airborne pathogens from swine waste;   substantially eliminate nutrient and heavy metal contamination of soil and groundwater from swine waste; and   are cost-effective.   States may not issue permits, pursuant to any federal law, to a swine farm that is a concentrated animal feeding operation unless the farm disposes of swine waste using a certified technology.  The bill amends several agricultural laws to:   require USDA to make competitive grants for activities to identify, evaluate, and demonstrate environmentally superior swine waste management technologies;   permit the Pork Promotion Board to use its funding for activities related to the grants; and  make the installation and maintenance of a certified technology on a swine farm eligible for the Environmental Quality Incentives Program.  The bill amends the Internal Revenue Code to allow tax credits for: (1) the installation of a certified swine waste disposal technology, and (2) the disposal of swine waste using certified technology. 
feat_title: SWINE Act