Bill
HF 989
The bill creates a unified regulatory framework for on‑farm anaerobic digester systems, covering design, permitting, management, and separation distances to protect air and water q
Status snapshot
- Introduced: April 7, 2025.
- House actions: Amendment H‑1230 adopted (Apr 17); HF 989 passed the House Apr 17 (yeas 80, nays 13). Amendment H‑1256 (which would have added a PFAS‑testing consent requirement) was filed but lost Apr 17 (yeas 32, nays 60). Explanation of vote filed Apr 24.
- Subject: regulation of anaerobic digester systems within animal feeding operation law; bill title indicates it also includes fees, penalties, effective date and applicability provisions.
Purpose and intent
- Establish a regulatory framework for anaerobic digester systems associated with confinement feeding operations, clarifying which digester components are covered, how digester materials (manure, feedstock, digestate) are classified and handled, and what construction and management standards apply to protect air and water quality.
Key provisions — definitions and scope
- Creates detailed definitions distinguishing:
- Digester structures: liquid digester storage (manure or feedstock), digester processing structures, and liquid digestate storage structures.
- Dry stockpiles: dry digester manure, dry digester feedstock, and dry digestate stockpiles stored on‑farm outside structures.
- “Covered” material placed upon a digester structure (digester manure, feedstock, or digestate).
- “Designated object or location” (commercial enterprise, bona fide religious institution, educational institution, public use area).
- Clarifies “digester manure,” “digester feedstock,” and “digestate” and when these materials are subject to manure regulations (the bill generally excludes digester manure or digestate from being regulated as manure except in specified combinations or circumstances).
Application and permitting
- Requires a single combined application form for digester system permits (liquid manure/feedstock storage, processing, digestate storage) to be provided by the department for administrative efficiency.
- Expansion, construction, or management of on‑farm digester structures, and on‑farm stockpiling or application of digestate, are covered activities.
Construction and design standards
- Directs the department to adopt construction design standards (including for formed and unformed digester structures) based on uniform standards (e.g., ASTM). Standards for unformed structures must address:
- Suitable linings to minimize seepage and erosion control on berms, slopes, and base.
- Measures to minimize seepage to near‑surface water and groundwater protections (top of liner must be above the groundwater table).
- If groundwater is less than two feet below the liner top, installation of a synthetic liner is required.
- If lowering the groundwater table is allowed, the proposal must meet standards ensuring no groundwater pollution; monitoring devices may be required where drain tile remains.
Manure/digestate management and recordkeeping
- Where digestate is applied to land subject to an existing Manure Management Plan (MMP) or Nutrient Management Plan (NMP), the bill requires adding a “digestate management supplement” that documents:
- Nutrient concentrations of the digestate.
- Calculations of land area required for application.
- Requires maintenance of records related to digestate application for department inspection.
Air and water quality / separation distances
- Applies separation distance requirements used in air and water quality standards (similar to those applied to confinement feeding operation structures) to digester structures and designated objects/locations. Separation distances are determined by construction/expansion dates and include exceptions and expansion allowances consistent with confinement operation rules.
Regulatory tools, fees, penalties, and rulemaking
- The bill authorizes department rulemaking to address details and separate regulations for types of digester structures. The bill title indicates fees and penalties apply; specific fee/penalty amounts are not included in the materials provided here.
Inspection and testing (amendment attempt)
- An amendment (H‑1256) would have required applicants for construction permits to consent to department testing for per‑ and polyfluoroalkyl substances (PFAS) in digester materials during normal business hours. That amendment was filed but not adopted by the House.
Who is affected
- Confinement feeding operation owners/operators that construct, expand, manage, or operate anaerobic digester systems (and those storing, stockpiling or applying digester‑derived materials). Nearby designated objects/locations (commercial, religious, educational, public) are indirectly affected by separation distance rules. The Department (likely DNR) gains expanded permitting, inspection and rulemaking responsibilities.
Procedural / next steps
- HF 989 passed the House (Apr 17). Further action would require Senate consideration and concurrence or conference before becoming law. The bill includes (per its title) effective date and applicability language, but specific dates were not provided in the excerpt.
Limitations / notes
- Some regulatory detail in the bill text is truncated in the available excerpt; exact triggers when digestate or digester manure become regulated as “manure” are described but partially redacted here. Fee and penalty specifics were not provided in the excerpt.
Compiled from official sources — confirm details with the bill’s official record.
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