Bipartisan support builds for anaerobic digester reform in Michigan

The House Agriculture Committee this week passed 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. The legislation is intended to create a clearer, more consistent regulatory climate for farms and businesses looking to invest in the technology.

Sponsored by Reps. Jerry Neyer (R-Shepherd) and Joey Andrews (D-St. Joseph), House Bills 4257 and 4265 were approved and now move to the full House of Representatives for further consideration. 

Both bills received strong support from Republican lawmakers, with all listed GOP representatives voting yes on the measures. Democratic support was mixed, with some members voting no or passing on one or both bills.

Prior to the June 5 vote, the committee held two hearings to gather testimony from 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 with nutrients and carbon for building soil health as well as renewable natural gas that is collected and used to generate electricity.”

Anderson emphasized that Michigan’s current regulatory framework creates barriers for potential investors and innovators, a concern echoed by the bill sponsors. 

“This package clearly lays out consistent guidelines for both (state) departments and (digester) operators and adheres to terms and testing safeties that apply, so that the industry can change and thrive,” said House Agriculture Committee Chair Committee Chair Neyer during a May 8 hearing. 

A farmer and member of the Isabella County Farm Bureau, Neyer shared, “(Digesters) have a 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 the green footprint and meet the carbon emissions restrictions, and then also disposal of organic waste will have a new place to go, as opposed in the landfills ...” 

Andrews added during his May 15 testimony that, “This is an industry that Michigan really stands to benefit from, if only we could get our regulatory state in order, in order to give the industry some certainty around how they would be operating and regulated and what standards they would be held to. 

“This has been less than clear over the last decade or more, with lots of changes on policy within EGLE that have affected the industry.” 

In addition to testimony from bill sponsors and industry groups, experts from Michigan State University shared research and real-world examples highlighting the success of onsite anaerobic digesters and the university’s ongoing work to advance the technology. While they did not take a formal position on the bills, their insights helped inform the discussion.

Andrews outlined several key provisions in the bills:

• 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 mitigate the need for overlapping permits. 

Additional elements of the legislation include:

• Establish design, record-keeping, and training requirements for anaerobic digester operators, and specify that additional permits or co-permitting should not be required for many farms and other waste generators.
• Defines the terms "anaerobic digester digestate," "digestate," and "anaerobic digestate" to support the proper operation of co-owned methane digester facilities.
• Sets a 180-day deadline for permitting decisions and outlines procedures for registering and operating methane digester facilities 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, Sierra Club of Michigan, Michigan Farmers Union, Clean Water Action, and Huron River Watershed Council.