Bill > HF987

Introduced Session

GENERAL. This bill provides for the regulation of a community anaerobic digester system (system) by the department of natural resources (DNR) which must include a digester processing structure that primarily processes manure but may also process other organic feedstocks. The system produces a biogas which is a source of renewable fuel and a digestate which is a nutrient-rich material that may be applied to cropland. TERMINOLOGY. The bill provides for the regulation of off-farm systems. “On-farm” refers to real property used to produce agricultural animals or crops as compared to “off-farm” which refers to real property other than on-farm. Once manure or feedstock is received by the system, the manure is referred to as digester manure and the feedstock is referred to as digester feedstock. The off-farm system receives on-farm manure and either on-farm or off-farm feedstock. The digester manure or digester feedstock is subject to storage requirements. Different regulations apply to digester feedstock or digester manure that is dry or liquid. Digester manure or digester feedstock is classified as dry only if the digester manure or digester feedstock does not flow perceptibly under pressure, is not capable of being transported through a mechanical pumping device designed to move a liquid, and consists of molecules that do not flow freely among themselves. Generally, liquid digester manure and liquid digester feedstock must be stored in a liquid digester storage structure. Dry digester manure or dry digester feedstock must be stored as a dry digester stockpile or in a liquid digester storage structure. The digester manure or digester feedstock is used by a digester processing structure to produce biogas and a digestate. A digester processing structure must process manure as its primary source. Digestate is also referred to as dry or liquid based on the same criteria used for digester manure and digester feedstock. Liquid digestate is stored in a liquid digestate storage structure and dry digestate is stored as a stockpile or in a liquid digestate storage structure. The scope of the bill is limited to the off-farm construction, including expansion, of digester structures on the site of the system, the off-farm stockpiling of dry digester manure or feedstock on the site of the system, the off-farm storage and stockpiling of digestate on the site of the system, the removal of the digestate from the off-farm site of the system, and the on-farm storage and application of the removed digestate. Any reference in the bill to a digester structure means a covered liquid digester storage structure, a covered digester processing structure, or a covered liquid digestate storage structure. Any reference to a digester stockpile refers to a dry digester manure or feedstock stockpile or a dry digestate stockpile. REGULATION. The bill provides that a system cannot be identified with an animal feeding operation where animals are confined and fed and maintained for 45 days or more in any 12-month period. Identification occurs only if the system and the animal feeding operation are both (1) under common ownership or management and (2) adjacent. CONSTRUCTION. The bill provides that a construction permit must be issued by DNR prior to the construction of a digester structure. The requirements for a permit are based on permit requirements for the construction of manure storage structures. The application must include an engineering report, construction plans, and specifications prepared by a professional engineer. The bill provides for an application fee not to exceed $1,000. The bill also provides for construction design standards for a formed or unformed digester structure. The construction design standards must be based on uniform standards such as available standards promulgated by ASTM (American society for testing and materials) international. The design standards for unformed digester feedstock storage structures must account for the use of linings and erosion controls. SEPARATION DISTANCE REQUIREMENTS —— AIR QUALITY. The bill provides separation distance requirements as part of air quality and water quality standards. Generally, the separation distance requirements for air quality apply between a digester structure and either a residence not owned by the owner of the system or a designated object or location (commercial enterprise, bona fide religious institution, educational institution, public use area, or public thoroughfare). Other separation distances apply to the stockpiling of dry digester manure or feedstock, or digestate and those same designated objects or locations. The bill also provides separation distance requirements for air quality that apply between the digestate application site and the designated object or location. The separation distance requirements for air quality also provide for certain exceptions, including a waiver by a person benefiting from the separation distance. SEPARATION DISTANCE REQUIREMENTS —— WATER QUALITY. The bill provides a number of separation distance requirements between a digester structure and certain sources of water, including an agricultural drainage well, known sinkhole, lake, river, reservoir, creek, stream, or ditch. The bill provides separation distance requirements between digestate stockpiles and water sources, with exceptions that apply if measures are taken to reduce runoff. Special restrictions are placed on a stockpile located in karst terrain. The bill restricts the application of digestate on snow covered or frozen ground. DIGESTATE MANAGEMENT. The bill provides that if digestate is applied on land subject to a manure management plan or nutrient management plan, such plan must be attached with a second document referred to as a digestate management supplement. The digestate management supplement must include information necessary to determine the land area required for the application of the digestate and the nutrient concentrations of the digestate. Finally, the bill requires the owner or manager of the system to maintain records regarding the system’s operation. CIVIL PENALTIES. A person who violates an air quality regulation or water quality regulation is subject to a civil penalty based on a schedule established by DNR rule. The civil penalty cannot exceed $10,000 per violation. The civil penalty for a water quality violation may also be subject to a judicial civil penalty not to exceed $5,000 for each day of such violation.

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Rereferred to Ways and Means. H.J. 1222. (on 05/15/2025)

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