Bipartisan sponsored legislation aimed at improving Michigan’s permitting process for anaerobic digesters — renewable energy systems that convert organic waste into clean energy and soil amendments — cleared the Michigan House of Representatives on June 12 by a vote of 62-35, with 13 members not voting. Michigan Farm Bureau supports the legislation, which is now awaiting consideration by the Senate Energy and Environment Committee.
House Bills 4257 and 4265, sponsored by Reps. Jerry Neyer (R-Shepherd) and Joey Andrews (D-St. Joseph), are intended to create a clearer, more consistent regulatory climate for farms and businesses looking to invest in digester technology.
In addition to Andrews, Democrats joining Republicans in supporting the legislation included Reps. Tullio Liberati Jr. (D-Allen Park), Will Snyder (D-Muskegon), Joe Tate (D-Detroit), and Angela Witwer (D-Delta Township).
View the full vote record for HB 4257 and 4265.
Neyer chairs the House Agriculture Committee, which advanced the bills earlier this month following two hearings that featured testimony from a range of stakeholders.
Among those testifying in support was Rob Anderson, Michigan Farm Bureau’s state government relations manager.
“Anaerobic digesters help communities turn waste into something good — cutting down on landfill use, creating clean energy, and improving our soils,” Anderson said. “For decades, they have been used and approved to take materials that might otherwise end up in a landfill, materials like food waste, animal waste, yard waste, and others, and turn them into beneficial soil amendments and renewable natural gas that can be used to generate electricity.”
Anderson emphasized that Michigan’s current regulatory structure is overly complex and a deterrent to private investment and innovation — concerns echoed by the bills’ sponsors.
“This package clearly lays out consistent guidelines for both departments and operators and adheres to safety terms and testing standards, so the industry can evolve and thrive,” Neyer said during a May 8 hearing. A farmer himself and member of the Isabella County Farm Bureau, Neyer added that digesters have “the potential to produce multiple benefits for Michigan — small farmers and communities can have a new source of income and fertilizer, utility companies can help reduce their carbon footprint, and organic waste can be diverted from landfills.”
During testimony on May 15, Andrews said the legislation is about providing clarity and certainty for an industry with significant potential.
“This is an industry that Michigan really stands to benefit from — if only we could get our regulatory state in order to give the industry some certainty around how they would be operating, what standards they would be held to, and who they’d be dealing with,” he said. “That has been less than clear over the last decade or more, with lots of policy changes within EGLE that have affected the industry.”
In addition to testimony from lawmakers and industry groups, experts from Michigan State University shared research and real-world examples highlighting the success of on-farm anaerobic digesters and the university’s ongoing work to advance the technology. While MSU did not take a formal position on the bills, their insights helped inform the committee’s discussion.
Key provisions of the legislation include:
- Clarifying that digestate byproduct should always be considered a solid waste.
- Allowing appropriate inputs to be mixed within digesters.
- Permitting land application of digestate in accordance with GAAMPS (Generally Accepted Agricultural and Management Practices).
- Developing regulatory standards that reduce overlapping permit requirements.
Additional elements of the bills would:
- Establish design, record-keeping, and training requirements for anaerobic digester operators and specify that many farms and other waste generators should not require additional permits or co-permitting.
- Define terms such as "anaerobic digester digestate," "digestate," and "anaerobic digestate" to support the proper operation of methane digester facilities.
- Set a 180-day deadline for permitting decisions and outline procedures for registering and operating methane digesters in Michigan.
The legislation has drawn strong support from agricultural, energy, and business organizations, including Michigan Farm Bureau, American Biogas Council, Consumers Energy, Dairy Farmers of America, GreenStone Farm Credit Services, Michigan Agribusiness Association, Michigan Chamber of Commerce, Michigan Corn Growers Association, Michigan Food Processors Association, Michigan Manufacturers Association, and Michigan Milk Producers Association.
Among the groups opposing the legislation are the Michigan Department of Environment, Great Lakes, and Energy (EGLE), Sierra Club of Michigan, Michigan Farmers Union, Clean Water Action, and Huron River Watershed Council.
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