PRINTER'S NO. 1011
No. 896 Session of 1999
INTRODUCED BY WENGER, HOLL, HELFRICK, MADIGAN, WAUGH, STAPLETON,
O'PAKE, BRIGHTBILL, ROBBINS, STOUT, PICCOLA, PUNT, SALVATORE,
KASUNIC, WOZNIAK, COSTA AND RHOADES, MAY 3, 1999
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, MAY 3, 1999
AN ACT
1 Amending the act of December 12, 1994 (P.L.888, No.128),
2 entitled "An act providing for the construction of six
3 anaerobic manure digesters as demonstration projects at
4 select locations in this Commonwealth; and providing for
5 funding," further providing for the title, for legislative
6 intent, for definitions, for development costs, for
7 administration, for building and for funding.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The title and sections 1, 2, 3 and 4 of the act
11 of December 12, 1994 (P.L.888, No.128), known as the Anaerobic
12 Manure Digesters Act, are amended to read:
13 AN ACT
1 Providing for the construction of six anaerobic manure digesters
2 as demonstration projects at select locations in this
3 Commonwealth; [and] providing for funding and for the
4 investigation, study, development and use of waste management
5 technology.
6 Section 1. Short title.
7 This act shall be known and may be cited as the [Anaerobic
1 Manure Digesters] Agricultural Waste Technology Act.
2 Section 2. Legislative findings.
3 The General Assembly finds and declares as follows:
4 (1) The development of [anaerobic manure] economically
5 feasible waste digesters and waste technology across this
6 Commonwealth [to reduce the nitrogen pollution caused by
7 livestock manure] will enhance and encourage environmentally
8 sound and economically feasible agricultural production
9 practices and will result in [a public benefit.] numerous
10 benefits to the agricultural community and society.
11 (1.1) The development of waste technology across this
12 Commonwealth to produce energy, pathogen-free fertilizers,
13 animal feed supplements and clean water will increase
14 revenues for agricultural producers and provide economically
15 feasible and environmentally sound methods of managing manure
16 and other agricultural wastes and nutrients thereby
17 benefiting the environment, the agricultural community and
18 society.
19 (2) The purpose of this act is to [demonstrate the
20 practical nature and the usefulness of anaerobic manure
21 digesters so that Pennsylvania farmers will build digesters
22 for their own use.] investigate, study and advance waste
23 management systems and technologies which are environmentally
24 sound and economically feasible and to develop programs which
25 encourage and promote the use and development of these waste
26 management techniques and technologies. Such programs will
27 benefit the agricultural community and society. In addition,
28 this act will assist those engaged in production agriculture
29 to comply with the act of May 20, 1993 (P.L.12, No.6), known
30 as the Nutrient Management Act, through the use of
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1 environmentally sound waste technologies.
2 Section 3. Definitions.
3 The following words and phrases when used in this act shall
4 have the meanings given to them in this section unless the
5 context clearly indicates otherwise:
6 "Agricultural community." Persons involved in production
7 agriculture and agricultural processing facilities.
8 "Agricultural processing facilities." Facilities involved in
9 the slaughter and/or processing of livestock or livestock
10 products, milk or dairy products, poultry or poultry products
11 and other facilities designated by the department.
12 ["Anaerobic manure digester" or "digester." A machine that
13 allows manure to decompose anaerobically, releasing methane
14 which is used to drive an electrical generator supplying power
15 to the farm and surplus power which can be sold to an electric
16 utility.]
17 "Board." The [Anaerobic Manure Digester] Agricultural Waste
18 Technology Board.
19 ["PEO." The Pennsylvania Energy Office.]
20 "Department." The Department of Agriculture of the
21 Commonwealth.
22 "Digester." A waste digester.
23 "Production agriculture." The management and use of farming
24 resources for the production of agricultural crops, livestock or
25 livestock products, milk or dairy products, poultry or poultry
26 products or for practices designated by the department.
27 "Secretary." The Secretary of Agriculture of the
28 Commonwealth.
29 "Waste digester." A process which through anaerobic or
30 aerobic digestion, photosynthetic purification or a combination
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1 of these processes, causes the decomposition of manure, animal
2 carcasses, offal and other agricultural wastes and nutrients,
3 resulting in the release of methane, which may be used to supply
4 power for onsite use and surplus power capable of being sold to
5 electric utilities or private electric companies.
6 "Waste management technology." Technology which the board
7 determines will:
8 (1) facilitate the reduction or elimination of nitrogen,
9 ammonia and phosphate pollution;
10 (2) decrease levels of carbon dioxide released into the
11 atmosphere;
12 (3) diminish or eliminate odors and pathogens associated
13 with and being the natural result of agricultural production;
14 or
15 (4) further the purpose of this act.
16 [Section 4. Development of anaerobic manure digesters.
17 (a) General rule.--
18 (1) The Commonwealth shall finance 80% of the cost of
19 construction of up to six anaerobic manure digesters as
20 demonstration projects at selected working farms in this
21 Commonwealth where livestock is raised. Farmers utilizing
22 digesters shall pay the remaining 20% of the cost of digester
23 construction.
24 (2) After two years of successful digester operation,
25 farmers shall repay funds advanced by the Commonwealth for
26 digester construction in equal installments over 15 years
27 with no interest charge.
28 (3) Should a digester fail to operate, farmers
29 attempting to utilize that digester shall not be required to
30 repay funds advanced by the Commonwealth for construction.
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1 (b) Application for demonstration projects.--An application
2 form shall be prepared by the PEO for farmers or groups of
3 farmers to request that a digester be built on their farms or
4 built at a central location. On the application form, farmers or
5 groups of farmers shall describe how they will use the digester
6 to its maximum advantage.
7 (c) Inspections and demonstrations.--The following
8 requirements shall apply to selected demonstration projects:
9 (1) The digesters shall be used continuously and shall
10 be available for inspection by farmers and other members of
11 the public.
12 (2) If a digester is built on a farm, the owner shall
13 allow persons to visit at convenient times.
14 (3) The owner shall provide space for visitors and for
15 appropriate research to be conducted on the digester's
16 operation.
17 (4) Where a digester is built for use by several farms,
18 it shall be constructed to allow for maximum public viewing.
19 (d) Design.--Each digester shall be designed so as to
20 eliminate the use of complex equipment or machinery to allow
21 most of the necessary maintenance to be performed solely by the
22 farmer.]
23 Section 2. The act is amended by adding a section to read:
24 Section 4.1. Powers and duties of department.
25 The department has the following powers and duties:
26 (1) To develop programs which promote education, use and
27 development of economically and environmentally feasible
28 waste digesters and waste management technology. This
29 paragraph includes loan and grant programs.
30 (2) To work in concert with the board to continually
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1 evaluate emerging practices, methods and technology regarding
2 waste digesters and waste management technology.
3 (3) To promulgate regulations concerning this act and
4 programs developed under this act.
5 (4) To review, with the advice of the board, program
6 criteria and to periodically evaluate and make appropriate
7 changes in those criteria by regulation.
8 Section 3. Sections 5, 6 and 7 of the act are amended to
9 read:
10 Section 5. The [Anaerobic Manure Digester] Agriculture Waste
11 Technology Board.
12 (a) Establishment.--There is established within the [PEO]
13 department an [Anaerobic Manure Digester] Agriculture Waste
14 Technology Board.
15 (b) Composition.--The board shall be appointed by the
16 Governor and shall be composed of the following:
17 (1) Two persons who own and operate on a continuous
18 basis [an anaerobic manure] a waste digester.
19 [(2) One person from an electric utility.]
20 (2.1) Two persons who represent waste management
21 technology business enterprises.
22 (3) One soil nutrient management specialist.
23 [(4) One livestock farmer who does not own a digester.
24 (5) One person from an environmental protection
25 organization.]
26 (4.1) The Secretary of the Department of Environmental
27 Protection or a designee.
28 (6) One person, not a member of the agricultural
29 community, who shall represent the public.
30 (7) Two active commercial farm owners or operators
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1 representing animal agriculture.
2 (8) Two active farm owners or operators representing
3 crop agriculture.
4 (9) One representative from the agribusiness industry
5 representing agricultural processing.
6 (10) One representative from the Penn State Cooperative
7 Extension Service.
8 (11) One representative of the State Conservation
9 Commission.
10 (12) One representative of commercial agricultural
11 lenders.
12 (13) One person representing local government.
13 (14) The secretary or a designee, who shall serve as
14 chair.
15 (c) Expenses of board members.--The members of the board
16 shall not be entitled to compensation for their services as
17 members but shall be entitled to reimbursement for all necessary
18 expenses incurred in connection with the performance of their
19 duties as members of the board.
20 (d) Quorum.--A majority of the members appointed to the
21 board shall constitute a quorum.
22 (e) Application of member.--A member of the board may apply
23 to take part in any program administered under this act, if the
24 regulations pertaining to the program do not prohibit board
25 member activity in that particular program. Decisions regarding
26 the program application are subject to 65 Pa.C.S. § 1103(j)
27 (relating to restricted activities) and the act of July 19, 1957
28 (P.L.1017, No.451), known as the State Adverse Interest Act. If
29 a board member has an economic interest or any other adverse or
30 pecuniary interest in a project, the board member must declare
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1 the conflict of interest and refrain from participating in a
2 deliberation or vote on, or other action regarding, the program.
3 If any contract or agreement is made in violation of this
4 section, the contract or agreement shall be null and void and no
5 action may be maintained against the Commonwealth.
6 (f) Powers and duties of board.--The board has the following
7 powers and duties:
8 (1) To work in consultation with the department to
9 continually evaluate advanced technology regarding
10 economically and environmentally feasible waste digesters and
11 waste technologies.
12 (2) To research, review and evaluate waste management
13 systems and technologies which are environmentally sound and
14 economically feasible and make recommendations to the
15 secretary.
16 (3) To research, review and evaluate specific regional
17 waste reduction needs and opportunities and to recommend to
18 the secretary appropriate waste management technology which
19 exists to satisfy those needs.
20 (4) To encourage cooperation among the agricultural
21 community, industry and local government regarding the use
22 and development of agricultural waste management
23 technologies.
24 [Section 6. Digester construction.
25 (a) PEO duties.-- The PEO shall supervise the construction
26 of up to six anaerobic manure digesters provided for in this
27 act.
28 (b) Board duties.-- The board shall:
29 (1) Advise the PEO as to a site and a design for
30 digesters.
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1 (2) Consider the feasibility of adopting a single basic
2 design that may be copied easily by others.
3 (3) Approve a digester before releasing funds for its
4 construction.]
5 Section 7. Funding.
6 (a) Availability of funds.--Financing of [the construction
7 of anaerobic manure digesters] waste digesters and agricultural
8 waste technology programs and projects shall be provided to the
9 extent that funds are available.
10 (b) Use of specific appropriation, contributions and other
11 payments.--The [Pennsylvania Energy Office] department is
12 authorized to use funds specifically appropriated by the General
13 Assembly for the purposes of this act and any funds,
14 contributions or payments which may be made available to it by
15 the Federal Government, another State agency or [by] any public
16 or private source for the purpose of implementing the provisions
17 of this act.
18 [(c) Center for Rural Pennsylvania.--The Pennsylvania Energy
19 Office is authorized to submit eligible projects to the Center
20 for Rural Pennsylvania for financing from funds appropriated to
21 the center.
22 (d) Department of Agriculture.--With the concurrence of the
23 Pennsylvania Energy Office, projects eligible for financing
24 under this act shall be eligible for financing under the
25 Agricultural Technology Loan Program in the Department of
26 Agriculture.
27 (e) Department of Commerce.--The Pennsylvania Energy Office
28 is authorized to submit eligible projects under this act to the
29 Department of Commerce for financing under the Ben Franklin/IRC
30 Partnership Fund.]
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1 Section 4. This act shall take effect in 60 days.
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