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Amendments › HF 989

Amendment H-1230 to HF 989

Relating to animal feeding operations, by providing for the regulation of anaerobic digester systems, providing fees, making penalties applicable, and including effective date and applicability provisions

Adopted · April 17, 2025

Filed April 15, 2025 in the House by

What it changes

AI summary This amendment adds many specific definitions for different types of digester structures, materials, and locations. It also requires that liquid manure or feedstock be stored in liquid structures, while dry materials can be stored in either liquid structures or stockpiles. Additionally, it requires the Department of Natural Resources to provide a single combined application form for these systems.1

Read the amendment’s wording
  1. Page 1, line 17, after “structure” by inserting “used”
  2. Page 1, by striking lines 20 through 23 and inserting: “(a) A liquid digester storage structure, including a liquid digester manure storage structure and a liquid digester feedstock storage structure. (b) A dry digester manure stockpile. (c) A dry digester feedstock stockpile. (d) A liquid digestate storage structure. (e) A dry digestate stockpile.”
  3. Page 1, after line 25 by inserting: “
  4. “Covered” means organic or inorganic material placed upon a digester structure used to store any of the following: a. Digester manure. b. Digester feedstock. c. Digestate.
  5. “Designated object or location” means any of the following: a. A commercial enterprise. b. A bona fide religious institution. c. An educational institution. d. A public use area.”
  6. Page 1, line 26, by striking “
  7. ” and inserting “
  8. ”
  9. Page 1, by striking lines 29 through 33 and inserting: “
  10. a. “Digester feedstock” means organic material, other than digester manure, originating either on-farm or off-farm, that is used to effectuate the digestion process as part of an anaerobic digester system. b. “Digester feedstock” includes either or both of the following:”
  11. Page 2, by striking lines 1 through 12 and inserting: “
  12. a. “Digester manure” means manure originating on-farm that is stored as part of the anaerobic digester system if used to effectuate the digestion process by a digester processing structure. b. “Digester manure” includes either or both of the following: (1) Dry digester manure. (2) Liquid digester manure.
  13. “Digester processing structure” means a structure that is part of an anaerobic digester system if used to effectuate the digestion process by a digester processing structure.
  14. “Digester stockpile” means any of the following: a. A dry digester manure stockpile. b. A dry digester feedstock stockpile. c. A dry digestate stockpile.
  15. “Digester structure” means any of the following: a. A liquid digester storage structure, including a liquid digester manure storage structure and a liquid digester feedstock storage structure. b. A digester processing structure. c. A liquid digestate storage structure.”
  16. Page 2, line 13, by striking “
  17. ” and inserting “
  18. ”
  19. Page 2, line 18, by striking “
  20. ” and inserting “
  21. ”
  22. Page 2, by striking lines 20 and 21 and inserting: “
  23. “Dry digestate stockpile” means dry digestate originating from an anaerobic digester system and stored as part of the anaerobic digester system outside a digester structure or on-farm outside any other structure.”
  24. Page 2, line 22, by striking “
  25. ” and inserting “
  26. ”
  27. Page 2, line 24, by striking “
  28. ” and inserting “
  29. ”
  30. Page 2, after line 25 by inserting: “
  31. “Dry digester manure” means digester manure that meets the dry classification requirement in section 459.707.
  32. “Dry digester manure stockpile” means dry digester manure that is part of an anaerobic digester system if stored outside a digester structure.
  33. “Dry digester stockpile” means any of the following: a. A dry digester manure stockpile. b. A dry digester feedstock stockpile.
  34. “Effluent” means the same as defined in section 459A.102.
  35. “Federal Water Pollution Control Act” means the federal Water Pollution Control Act of 1972, 33 U.S.C. ch. 26, as amended, and 40 C.F.R. pts. 122 and
  36. ”
  37. Page 2, line 26, by striking “
  38. ” and inserting “
  39. ”
  40. Page 2, line 28, by striking “
  41. ” and inserting “
  42. ”
  43. Page 2, line 30, by striking “
  44. ” and inserting “
  45. ”
  46. Page 2, by striking line 32 and inserting: “
  47. “Liquid digester feedstock storage structure” means a structure that is part of an anaerobic digester system if used to store liquid digester feedstock or dry digester feedstock or both before undergoing a digestion process as effectuated by a digester processing structure.
  48. “Liquid digester manure” means digester manure other than dry digester manure.
  49. “Liquid digester manure storage structure” means a structure that is part of an anaerobic digester system if used to store liquid digester manure or dry digester manure or both before undergoing a digestion process as effectuated by a digester processing structure.
  50. “Liquid digester storage structure” means either of the following: a. A liquid digester manure storage structure. b. A liquid digester feedstock storage structure.
  51. “Manure management plan” means a manure management plan, including an updated manure management plan, as provided in section 459.312.
  52. “Nutrient management plan” means a nutrient management plan or an updated nutrient management plan as provided in section 459A.208.
  53. “Off-farm” means real property that is not on-farm.”
  54. Page 2, line 33, by striking “
  55. ” and inserting “
  56. ”
  57. Page 3, by striking lines 4 and 5 and inserting “construction, including expansion, or management of, structures used for the on-farm storage of digester manure, digester feedstock, or digestate; the on-farm stockpiling of dry digester manure, dry digester feedstock, or dry digestate; and the on-farm application of digestate originating from an anaerobic digester system.”
  58. Page 3, by striking lines 15 through 18 and inserting “including expansion, or management of, structures used for the on-farm storage of digester manure, digester feedstock, or digestate; the on-farm stockpiling of dry digester manure, dry digester feedstock, or dry digestate; and the on-farm application of digestate originating from an anaerobic digester system.”
  59. Page 3, line 23, by striking “application forms” and inserting “applications”
  60. Page 3, by striking lines 25 through 31 and inserting “under this subchapter, including a liquid digester manure storage structure, liquid digester feedstock storage structure, digester processing structure, and liquid digestate storage structure. For administrative efficiency, the department shall provide a single application form that combines all applications together into a total application form.”

Shortened here; the full amendment is in the official document.

Official amendment (PDF) · In the Bill Book