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HB 4265

Environmental protection: solid waste; reporting and compliance requirements for anaerobic digesters; modify. Amends secs. 11506 & 11568 of 1994 PA 451 (MCL 324.11506 & 324.11568). TIE BAR WITH: HB 4257'25

2025-2026 Regular Session Introduced by Greg Alexander and 26 co-sponsors

Clarifies when anaerobic digester digestate is not solid waste if land-applied under GAAMPs; streamlines permits for off-site feedstock and adds contingency/registration rules.

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Bill Summary · HB 4265

Summary — HB 4265 (2025): Anaerobic digester reporting and compliance (NREPA amendments)

Bill: HB 4265 (Rep. Joey Andrews) — amends Part 115 (Solid Waste Management) of the Natural Resources and Environmental Protection Act (NREPA), MCL 324.11506 & 324.11568. Tie bar: HB 4257.

Purpose

To clarify when anaerobic digester materials (especially digestate) are treated as solid waste, to revise registration/permit and reporting requirements for anaerobic digesters, and to set operating and contingency-plan requirements for digesters that accept off‑site feedstock.

Key provisions

  • Solid waste definition (MCL 324.11506)
    • Adds an exclusion: digestate from an anaerobic digester is not “solid waste” if the digester is registered or notification has been submitted under MCL 324.11568 and the digestate is applied on farmland or forestland for agricultural or silvicultural purposes at an agronomic rate consistent with Michigan GAAMPs (Generally Accepted Agricultural Management Practices).
  • Materials utilization facility treatment
    • Extends certain exemptions to digestate managed at a registered anaerobic digester (e.g., exemptions from demonstrating that the facility is not a contaminated “facility” under section 20101).
  • Feedstock and digestate use
    • Establishes allowable feedstock categories (examples include: livestock manure, animal bedding, yard waste, aquatic plants, food waste and food-processing residuals, spent grain, waste cooking grease, wastewater solids from food processing, blood/blood water from slaughter operations, and other EGLE‑approved organics).
    • Requires that land application of digestate comply with NREPA and GAAMPs and not create violations.
  • Registration, permitting, and reporting (MCL 324.11568)
    • Removes the current requirement that certain digesters receiving off‑site material obtain a general permit; instead creates new operational/registration criteria.
    • Modifies annual notification: the prior requirement to notify EGLE after each fiscal year is now conditional — notification is required only if (a) the volume of feedstock accepted or digestate transferred/sold/land‑applied increased by more than 10% over the prior fiscal year, or (b) the method of transport changed during the fiscal year.
    • Adds an application requirement for a contingency plan that addresses management of digester contents in the event of biological failure or operational interruption, restart procedures (and alternatives if restart is not possible), and emergency/nonemergency contact information for local responders.

Who is affected

  • Owners/operators of anaerobic digesters (on‑site and those accepting off‑site feedstock)
  • Farmers and land managers applying digestate to farmland or forestland
  • EGLE (regulatory oversight and registration duties)
  • Materials utilization facilities and agricultural/biogas industry stakeholders

Procedural status / timeline

  • Introduced: March 10–18, 2025
  • Referred to Agriculture Committee; tie‑barred with HB 4257
  • Passed by the Michigan House (with substitutes adopted) on June 12, 2025 (given immediate effect); transmitted and referred to Committee on Energy and Environment on June 17, 2025.

Potential impacts and considerations

  • Reduces permitting burden for some digesters by eliminating a required general permit for off‑site feedstocks, while instituting operational and contingency requirements.
  • Clarifies beneficial‑use status of digestate applied according to GAAMPs — may encourage agricultural reuse of digestate (nutrient recycling) but raises customary environmental oversight considerations (nutrient management, water quality).
  • EGLE will retain registration/notification and compliance oversight under the new thresholds and contingency‑plan requirements.

(References: Amendments to MCL 324.11506 and MCL 324.11568; Michigan GAAMPs.)

Compiled from official sources — confirm details with the bill’s official record.

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