A bill for an act relating to animal feeding operations, by providing for the regulation of anaerobic diges...
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HF 989 — A bill for an act relating to animal feeding operations, by providing for the regulation of anaerobic digester systems, providing fees, making penalties applicable, and including effective date and applicability provisions.
Last action — Subcommittee: Driscoll, Zimmer, and Zumbach.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill has passed the House. Introduced April 07, 2025. It now moves to the second chamber.
Next likely step: consideration and a floor vote in the Senate.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Passed House
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Mixed recorded votes
1 passed, 1 failed in recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
790 added · 869 removedPlain-language change summary
The amendment to House File 989 introduces new definitions and clarifies existing terms related to anaerobic digesters, specifically detailing different types of storage structures for digester materials. It now explicitly outlines what counts as "covered" materials and specifies the types of sites—like commercial enterprises and religious institutions—that the legislation applies to. These changes are important because they provide clearer guidelines for what is considered acceptable in the management of digester systems, helping to ensure that such operations are regulated more effectively.
House File 989 - IntroducedReprinted HOUSE FILE 989 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HSB 323) (As Amended and Passed by the House April 17, 2025) A BILL FOR An Act relating to animal feeding operations, by providing for the regulation of anaerobic digester systems, providing fees, making penalties applicable, and including effective date and applicability provisions.
TLSBHF 2959HV989 (1)(2) 91 da/nsda/ns/md H.F.
(1) “Anaerobic digester system” means a digester processing structure used to effectuate the digestion process.
(a) A dryliquid digester storage structure, including a liquid digester manure storage structure and a liquid digester feedstock stockpile.storage structure.
(b) A dry digester feedstockmanure storagestockpile. structure.
(c) A dry digestatedigester feedstock stockpile.
(e) A dry digestate stockpile.
“Digestate”“Covered” means theorganic dry or liquidinorganic nutrient-rich material thatplaced remainsupon aftera thedigester digestionstructure processused isto effectuated.store any of the following:
a.
Digester manure.
b.
Digester feedstock.
c.
Digestate.
“Designated object or location” means any of the following:
HF 989 (2) 91 -1- da/ns/md 1/23 H.F.
989 a.
A commercial enterprise.
b.
A bona fide religious institution.
c.
An educational institution.
d.
A public use area.
4.
“Digestate” means the dry or liquid nutrient-rich material that remains after the digestion process is effectuated.
5.
“Digester feedstock” means organic material, other than digester manure, derivedoriginating fromeither an on-farm source or nonfarmoff-farm, source that is used to effectuate the digestion process as part of an anaerobic digester system.
“Digester feedstock” includes either or both of the following:
LSB 2959HV (1) 91 -1- da/ns 1/25 H.F.
989 4.
“Digester feedstock storage structure” means a structure used to store digester feedstock before undergoing a digestion process as effectuated by an anaerobic digester system.
5.
“Digester processing structure” means a structure that effectuates the digestion process.
a.
“Digester manure” means manure originating on-farm that is stored as part of the anaerobic digester system if used to effectuate the digestion process by a digester processing structure.
b.
“Digester manure” includes either or both of the following:
(1) Dry digester manure.
(2) Liquid digester manure.
Show all 426 changed lines (386 more)
7.
“Digester processing structure” means a structure that is part of an anaerobic digester system if used to effectuate the digestion process by a digester processing structure.
8.
A dry digester feedstockmanure stockpile.
A dry digester feedstock stockpile.
c.
7.9.
A liquid digester storage structure, including a liquid digester manure storage structure and a liquid digester feedstock storage structure.
c.HF 989 (2) 91 -2- da/ns/md 2/23 H.F.
989 c.
8.
“Digestion process” means primarily processing manure, and may include processing digester feedstock, by employing environmental conditions including bacteria to break down its organic matter in the absence of oxygen, if used for producing, collecting, and utilizing a biogas and digestate.
9.
“Dry digestate” means digestate that meets the dry classification requirements in section 459.707.
“Dry“Digestion digestateprocess” stockpile” means dryprimarily digestateprocessing storedmanure, outsideand amay include processing digester structure.feedstock, by employing environmental conditions including bacteria to break down its organic matter in the absence of oxygen, if used for producing, collecting, and utilizing a biogas and digestate.
“Dry digesterdigestate” feedstock” means adigestate digester feedstock that meets the dry classification requirements in section 459.707.
“Dry digesterdigestate feedstock stockpile” means dry digestate originating from an anaerobic digester feedstocksystem and stored as part of the anaerobic digester system outside a digester structure or on-farm outside any other structure.
“Liquid“Dry digestate”digester feedstock” means digestatea otherdigester thanfeedstock that meets the dry digestate.classification requirements in section 459.707.
“Liquid“Dry digestatedigester storagefeedstock structure”stockpile” means adry structuredigester usedfeedstock tostored storeoutside liquida digestate.digester structure.
“Liquid“Dry digester feedstock”manure” means digester feedstockmanure otherthat thanmeets the dry digesterclassification feedstock.requirement in section 459.707.
“Nonfarm”“Dry digester manure stockpile” means realdry propertydigester manure that is notpart on-farm.of an anaerobic digester system if stored outside a digester structure.
“Dry digester stockpile” means any of the following:
a.
A dry digester manure stockpile.
b.
A dry digester feedstock stockpile.
18.
“Effluent” means the same as defined in section 459A.102.
19.
“Federal Water Pollution Control Act” means the federal Water Pollution Control Act of 1972, 33 U.S.C.
ch.
26, as amended, and 40 C.F.R.
pts.
122 and 412.
20.
“Liquid digestate” means digestate other than dry digestate.
21.
“Liquid digestate storage structure” means a structure used to store liquid digestate.
22.
“Liquid digester feedstock” means digester feedstock other than dry digester feedstock.
HF 989 (2) 91 -3- da/ns/md 3/23 H.F.
989 23.
“Liquid digester feedstock storage structure” means a structure that is part of an anaerobic digester system if used to store liquid digester feedstock or dry digester feedstock or both before undergoing a digestion process as effectuated by a digester processing structure.
24.
“Liquid digester manure” means digester manure other than dry digester manure.
25.
“Liquid digester manure storage structure” means a structure that is part of an anaerobic digester system if used to store liquid digester manure or dry digester manure or both before undergoing a digestion process as effectuated by a digester processing structure.
26.
“Liquid digester storage structure” means either of the following:
a.
A liquid digester manure storage structure.
b.
A liquid digester feedstock storage structure.
27.
“Manure management plan” means a manure management plan, including an updated manure management plan, as provided in section 459.312.
28.
“Nutrient management plan” means a nutrient management plan or an updated nutrient management plan as provided in section 459A.208.
29.
“Off-farm” means real property that is not on-farm.
30.
hay or LSBstraw; 2959HV (1) 91 -2- da/ns 2/25 H.F.
989 straw;
This subchapter is limited to the regulation of on-farm construction, including expansion, ofor structures,management of, structures used for the on-farm usestorage of stockpiles,digester andmanure, thedigester on-farmfeedstock, applicationor ofdigestate; digestates.
2.the on-farm stockpiling of dry digester manure, dry digester feedstock, or dry digestate;
and the on-farm application of digestate originating from an anaerobic digester system.
HF 989 (2) 91 -4- da/ns/md 4/23 H.F.
989 2.
The department shall establish by rule adopted pursuant to chapter 17A requirements relating to the construction, including expansion, or operationmanagement ofof, on-farmstructures anaerobicused digesterfor systems, including on-farm digester structures, on-farm digester stockpiles, and the on-farm applicationstorage of digestatesdigester producedmanure, fromdigester on-farmfeedstock, anaerobicor digesterdigestate; systems.
the on-farm stockpiling of dry digester manure, dry digester feedstock, or dry digestate;
and the on-farm application of digestate originating from an anaerobic digester system.
The department may provide separate applicationapplications forms for constructing each type of digester structure regulated under this subchapter, including a liquid digester feedstockmanure storage structure, aliquid digester feedstock storage structure, digester processing structure, and a liquid digestate storage structure.
For administrative efficiency, the department shall provide a single application form that combines theall three applications together.together into a total application form.
An application fee shall be based on the number of digester structures to be constructed or expanded as stated in an application.
The delivery of manure by an animal feeding operation for processing by an anaerobic digester system in a manner that LSBcomplies 2959HVwith (1)this 91subchapter -3-constitutes da/nsmanure 3/25disposal H.F.satisfying the requirements of section 459.311.
989 complies with this subchapter constitutes manure disposal satisfying the requirements of section 459.311.
1.HF 989 (2) 91 -5- da/ns/md 5/23 H.F.
989 1.
An anaerobic digester system receiving manure from an animal feeding operation is identified with the animal feeding operation if the anaerobic digester system and the animal feeding operation are eitherany of the following:
(1) UnderAdjacent. common ownership or management.
(2) Adjacent.Under common ownership.
(3) Under common management.
An anaerobic digester system and an animal feeding operation shall be subject to an enforcement action arising from the facts of a violation only if the anaerobic digester system is identified with the animal feeding operation pursuant to bothparagraph “b”, subparagraphs (1)(1), (2), and (2)(3). of paragraph “b”.
LSB4. 2959HV (1) 91 -4- da/ns 4/25 H.F.
989 4.
An anaerobic digester system and animal feeding operation are under common management if a person has significant control of the management of the day-to-day operationsHF of989 the(2) community91 anaerobic-6- digesterda/ns/md system6/23 andH.F. animal feeding operation.
989 operations of the community anaerobic digester system and animal feeding operation.
This subchapter does not apply to an open feedlot operation structure regulated under chapter 459A regardless of LSBwhether 2959HVeffluent (1)originating 91from -5-the da/nsopen 5/25feedlot H.F.operation structure is received by a digester processing structure.
989 whether effluent originating from the open feedlot operation structure is received by a digester processing structure.
Placing a cover over a manure storage structure does not constituteHF construction989 or(2) expansion91 of-7- ada/ns/md digester7/23 structure.H.F.
989 constitute construction or expansion of a digester structure.
TheExcept as otherwise provided in this subchapter, the term “manure” includes “effluent”effluent if used as definedpart inof sectionthe 459A.102.digestion process.
Digester feedstockmanure, digester feedstock, or digestate is classified as dry only if all of the following apply:
The digester feedstockmanure, digester feedstock, or digestate does not flow perceptibly under pressure.
The digester feedstockmanure, digester feedstock, or digestate is not capable of being transported through a mechanical pumping device designed to move a liquid.
The constituent molecules of the digester feedstockmanure, digester feedstock, or digestate do not flow freely among themselves but may show a tendency to separate under stress.
A digester processing structure ismust limitedprocess to processing manure as its primary source.
Except as provided in paragraph “b”, adigester digestatemanure shall not be regulated as manure.
If a digestate is removed from a digester processingmanure structure and atdigester anyfeedstock timeare iscombined, combined with manure, the LSBdigester 2959HVfeedstock (1)shall 91be -6-regulated da/nsas 6/25digester H.F.manure.
9895. digestate shall be regulated as manure under this chapter, chapter 459A, and chapter 459B, as applicable.
a.
Except as provided in paragraph “b”, a digestate shall not be regulated as manure.
HF 989 (2) 91 -8- da/ns/md 8/23 H.F.
989 b.
(1) If digestate is removed from a digester processing structure and at any time is combined with manure, the digestate shall be regulated as manure under this chapter and chapter 459B, as applicable.
(2) If a digestate is removed from a digester processing structure and at any time is combined with effluent, the digestate shall be regulated as effluent under chapter 459A.
459.708 Digester manure and digester feedstock —— required storage.
A person receiving digester manure or digester feedstock at an anaerobic digester system must store the digester manure or digester feedstock as follows:
1.
Liquid digester manure or liquid digester feedstock must be stored in a liquid digester storage structure.
2.
Dry digester manure must be stored in any of the following:
a.
A dry digester stockpile.
b.
A liquid digester storage structure.
3.
Dry digester feedstock originating on-farm must be stored in any of the following:
a.
A dry digester stockpile.
b.
A liquid digester storage structure.
4.
Dry digester feedstock originating off-farm must be stored in a liquid digester storage structure.
5.
A person may move manure or feedstock from outside an anaerobic digester system for direct processing by using a digester processing structure that is part of an anaerobic digester system, 6.
A person removing digestate from an anaerobic digester system must store the digestate in a manner that complies with section 459.311.
Sec.
12.
NEW SECTION.
459.709 Digestate —— required storage.
1.
A person processing digester manure or digester feedstock at an anaerobic digester system must store the HF 989 (2) 91 -9- da/ns/md 9/23 H.F.
989 resulting digestate as follows:
a.
Liquid digestate must be stored in a liquid digestate storage structure.
b.
Dry digestate must be stored in any of the following:
(1) A dry digestate feedstock stockpile.
(2) A liquid digestate storage structure.
2.
A person removing digestate from an anaerobic digester system must store the digestate in a manner that complies with section 459.311.
Sec.
13.
NEW SECTION.
Except as provided in paragraph “b”, a construction permit must be issued prior to the construction of a digester structure, including a liquid digester feedstockmanure storage structure, aliquid digester processingfeedstock storage structure, anddigester aprocessing structure, or liquid digestate storage structure, as provided by rules adopted by the department pursuant to this subchapter.
5.HF 989 (2) 91 -10- da/ns/md 10/23 H.F.
989 5.
LSBa. 2959HV (1) 91 -7- da/ns 7/25 H.F.
989 a.
(3) A public water supply system as defined in section 455B.171 or a drinking water well which is located within a distance from the proposed digester structure as prescribed by rules adopted by the department.
Upon receipt of a notice, the time required for the department to act upon the application shall be suspended forHF the989 period(2) provided91 in-11- theda/ns/md notice11/23 ofH.F. continuance, but for not more than thirty days after the department’s receipt of the notice.
989 for the period provided in the notice of continuance, but for not more than thirty days after the department’s receipt of the notice.
However, the department may provide that an application is LSBterminated 2959HVif (1)no 91action -8-is da/nsrequired 8/25by H.F.the department for one year following delivery of the application to the department.
989 terminated if no action is required by the department for one year following delivery of the application to the department.
9.
The applicant shall submit a construction permit application fee as part of the total application form.
The fee shall not exceed two hundred fifty dollars.
Moneys collected by the department from the payment of fees under this section shall be deposited by the department in the general fund of the state.
12.14.
459.712 DigesterLiquid feedstockdigester manure storage structure —— requiredconstruction storage.permit.
AIn personaddition processingto digesterthe feedstockapplicable asrequirements partin ofsection 459.711, an anaerobicapplication for a permit to construct a liquid digester systemmanure storage structure must storeinclude theall digesterof feedstockthe asfollowing follows:information:
NonfarmA description of the type and amount of digester feedstockmanure mustto be stored in athe liquiddigester digestatefeedstock storage structure.
a.The storage capacity of the liquid manure storage structure.
On-farm digester feedstock that is liquid must be stored in a liquid digestate storage structure.
b.
On-farm digester feedstock that is dry must be stored in any of the following:
(1) A liquid digestate storage structure.
(2) A dry digestate feedstock stockpile.
A persondescription mayof storethe digester feedstockprocessing instructure aused permittedto coveredprocess manurethe storagereceived structuredigester accordingmanure toand rulesany adopteddigester byfeedstock. the department.
4.
Any other information determined relevant by the department as provided by rules adopted by the department.
13.15.
459.713 DigesterLiquid digester feedstock storageHF structure989 ——(2) construction91 permit.-12- da/ns/md 12/23 H.F.
989 storage structure —— construction permit.
In addition to the applicable requirements in section 459.711, an application for a permit to construct a liquid digester feedstock storage structure must include all of the following information:
InA additiondescription toof the applicabletype requirementsand inamount sectionof 459.711,any andigester applicationfeedstock forto abe permitstored toin constructthe aliquid digester feedstock storage structurestructure. must include all of the following information:
a.
A description of the type and amount of digester feedstock to be stored in the digester feedstock storage structure.
b.
The storage capacity of the digester feedstock storage LSB 2959HV (1) 91 -9- da/ns 9/25 H.F.
989 structure.
c.
A description of the digester processing structure used to process the received manure and digester feedstock.
d.
Any other information determined relevant by the department as provided by rules adopted by the department.
The applicantstorage mustcapacity submitof athe constructionliquid permitdigester applicationfeedstock feestorage. as part of the application.
The3. fee shall not exceed two hundred fifty dollars.
MoneysA collecteddescription byof the departmentliquid fromdigester theprocessing paymentstructure ofused feesto underprocess this section shall be deposited in the generalreceived fundmanure ofand thedigester state.feedstock.
4.
Any other information determined relevant by the department as provided by rules adopted by the department.
14.16.
(1) A description of the type and amount of digester feedstockmanure that is capable of being processed in the digester processing structure at any one time.
(2) A description of the type and amount of digester feedstock that is capable of being processed in the digester processing structure at any one time.
Unless an anaerobic digester system and animal feeding operation are under common ownership or managementmanagement, or both, as described in section 459.705, a description of the responsibilities of each of the following:
(1) For an anaerobic digester system, the terms of an agreement to receive manure from the animal feeding operation with which the anaerobic digester system is identified under sectionHF 459.705.989 (2) 91 -13- da/ns/md 13/23 H.F.
989 section 459.705.
LSB(2) 2959HVIf (1)digestate 91is -10-to da/nsbe 10/25applied H.F.to land subject to a nutrient management plan, a copy of the plan and digestate management supplement as required in section 459.733.
989 (2) If digestate is to be applied to land subject to a nutrient management plan, a copy of the plan and digestate management supplement as required in section 459.733.
3.
The applicant must submit a construction permit application fee as part of the application.
The fee shall not exceed two hundred fifty dollars.
Moneys collected by the department from the payment of fees under this section shall be deposited in the general fund of the state.
15.17.
459.715 DigestateLiquid digestate storage structure —— requiredconstruction storage.permit.
AIn personaddition processingto manurethe orapplicable digesterrequirements feedstockin assection part459.711, of an anaerobicapplication digesterfor systema mustpermit storeto theconstruct produceda liquid digestate asstorage follows:structure must include all of the following information:
LiquidA description of the type and amount of digestate mustto be stored in athe liquid digestate storage structure.
Dry digestate must be stored in any of the following:
a.
A liquid digestate storage structure.
b.
A dry digestate feedstock stockpile.
Sec.
16.
NEW SECTION.
459.716 Liquid digestate storage structure —— construction permit.
1.
In addition to the applicable requirements in section 459.711, an application for a permit to construct a liquid digestate storage structure must include all of the following information:
a.
A description of the type and amount of digestate to be LSB 2959HV (1) 91 -11- da/ns 11/25 H.F.
989 stored in the liquid digestate storage structure.
b.
c.3.
2.
The applicant must submit a construction permit application fee as part of the application.
The fee shall not exceed two hundred fifty dollars.
Moneys collected by the department from the payment of fees under this section shall be deposited in the general fund of the state.
17.18.
459.717 ConstructionGeneral construction design standards —— formed digester structures.
1.HF 989 (2) 91 -14- da/ns/md 14/23 H.F.
The989 department1. shall adopt rules establishing construction design standards for a formed digester structure, including a formed digester feedstock storage structure, a formed digester processing structure, or a formed liquid digestate storage structure.
The department shall adopt rules establishing construction design standards for a formed digester structure, including a formed liquid digester manure storage structure, formed liquid digester feedstock storage structure, formed digester processing structure, or formed liquid digestate storage structure.
18.19.
LSBThe 2959HVdepartment (1)shall 91adopt -12-rules da/nsproviding 12/25for H.F.upgraded construction design standards for a formed digester structure constructed on karst terrain or an area that drains into a known sinkhole as is necessary to ensure that a formed digester structure does not pollute groundwater sources.
989 The department shall adopt rules providing for upgraded construction design standards for a formed digester structure constructed on karst terrain or an area that drains into a known sinkhole as is necessary to ensure that a formed digester structure does not pollute groundwater sources.
19.20.
459.719 ConstructionGeneral construction design standards —— unformed digester structures —— inspections.
The department shall adopt rules establishing construction design standards for an unformed digester structure, including an unformed liquid digester feedstockmanure storage structure, an unformed liquid digester processingfeedstock structure,storage orHF an989 unformed(2) liquid91 digestate-15- storageda/ns/md structure.15/23 H.F.
989 structure, unformed digester processing structure, or unformed liquid digestate storage structure.
The construction design standards for an unformed digester structure, established by rules adopted by the department, must account for special design characteristics applicable to an unformed liquid digester feedstockmanure storage structure, anunformed liquid digester feedstock storage structure, unformed digester processing structure, or an unformed liquid digestate storage structure.
The unformed digester structure must be constructed with materials deemed suitable by rules adopted by the department in order to control erosion on the unformed digester structure’s berm, side slopes, and base.
If the groundwater table is less than two feet below the top of the liner’s floor, the unformed digester LSBstructure 2959HVshall (1)be 91installed -13-with da/nsa 13/25synthetic H.F.liner.
989 structure shall be installed with a synthetic liner.
If the department allows drain tile installed to lower a groundwater table to remain where located, the department shall require that a device be installed to allow monitoring of the water in theHF drain989 tile(2) line.91 -16- da/ns/md 16/23 H.F.
989 the drain tile line.
20.21.
459.720 Special construction LSBrestrictions 2959HV—— (1)unformed 91digester -14-structures. da/ns 14/25 H.F.
989 restrictions —— unformed digester structures.
A person shall not construct an unformed digester structureHF in989 an(2) area91 that-17- drainsda/ns/md into17/23 aH.F. known sinkhole.
989 structure in an area that drains into a known sinkhole.
A person shall not construct or expand an unformed manuredigester storage structure within an agricultural drainage well area as provided in section 460.205.
21.22.
The owner of a digester structure that is part of an anaerobic digester system that discontinues use shall remove all materialdigester manure, digester feedstock, and digestate from the digester structure within six months following the date that the anaerobic digester system is discontinued.
22.23.
The separation distance shall be determined according to the date that the digester structure was constructed or expanded according to the relevant table in section 459.202, subsections 1 through 5, subject to section 459.202, subsection 6, and subject to provisions allowing the expansion of prior LSBconstructed 2959HVconfinement (1)feeding 91operations -15-under da/nssection 15/25459.203 H.F.and exceptions to separation distance requirements in section 459.205.
9893. constructed confinement feeding operations under section 459.203 and exceptions to separation distance requirements in section 459.205.
For purposes of this section, a digester structure that is part of an anaerobic digester system identified with an open feedlot operation shall be deemed to be part of an anaerobic digester system identified with a confinement feeding operation.
23.24.
459.732 Distance requirements for digesterHF structures989 ——(2) water91 quality.-18- da/ns/md 18/23 H.F.
989 digester structures —— water quality.
1.
2.
For purposes of this section, a digester structure that is part of an anaerobic digester system identified with an open feedlot operation shall be deemed to be part of an anaerobic digester system identified with a confinement feeding operation.
24.25.
If digestate is applied on land subject to a manure management plan pursuant to section 459.312 or a nutrient management planplan, pursuant to section 459A.208, the manure management plan or nutrient management plan must be attached with a digestate management supplement.
25.26.
A person may stockpile dry digester feedstocksfeedstock or dry digestate subject to this section.
The person may stockpile dry digester feedstock or dry digestate within a separation distance required between LSBHF 2959HV989 (1)(2) 91 -16--19- da/nsda/ns/md 16/2519/23 H.F.
26.27.
The person stockpiling dry digestate shall comply with applicable requirements of the national pollutant discharge elimination system pursuant to the federal Water Pollution Control Act,Act. 33 U.S.C.
ch.
26, as amended, and 40 C.F.R.
pts.
122 and 412.
The person shall not stockpile the dry digestate within the following distances to a designated area unless the dry digestate is maintained in a manner that will not allow precipitation-induced runoff to drain from the dry digestate to the designated area:
The person shall not stockpile dry digestate on land having a slope of more than three percent unless methods, structures, or practices are implemented to contain the LSBstockpiled 2959HVdry (1)digestate, including but not limited to HF 989 (2) 91 -17--20- da/nsda/ns/md 17/2520/23 H.F.
989 stockpiled dry digestate, including but not limited to using hay bales, silt fences, temporary earthen berms, or other effective measures, and to prevent or diminish precipitation-induced runoff from the stockpiled dry digestate.
27.28.
28.29.
459.737 Applying dryliquid digestate on snow-covered or frozen ground —— waterair quality.
A1. person may apply digestate on snow-covered or frozen ground, except to the extent otherwise provided by applicable requirements for manure in this chapter, including section 459.313A, or the national pollutant discharge elimination system pursuant to the federal Water Pollution Control Act, 33 U.S.C.
ch.Except as provided in subsection 2, the separation distance required between the application of liquid manure on land and a residence not owned by the titleholder of the land or a designated object or location as provided in section 459.204 shall be the same separation distance required between the application of liquid digestate on land and a residence not owned by the titleholder of the land or designated object or location.
26,2. as amended, and 40 C.F.R.
pts.The same exceptions that allow a person to apply liquid manure on land within the separation distance required in section 459.204 as provided in section 459.205, subsection 4, apply to allow a person to apply liquid digestate on land within that separation distance.
122 and 412.
29.30.
459.738 Applying digestate on HF 989 (2) 91 -21- da/ns/md 21/23 H.F.
989 snow-covered or frozen ground —— water quality.
A person may apply digestate on snow-covered or frozen ground, except to the extent otherwise provided by applicable requirements for manure in this chapter, including section 459.313A, or the national pollutant discharge elimination system pursuant to the federal Water Pollution Control Act.
Sec.
31.
NEW SECTION.
Any civil penalty and interest on a civil penalty LSBcollected 2959HVunder (1)this 91section -18-shall da/nsbe 18/25credited H.F.to the Iowa nutrient research fund created in section 466B.46.
989 collected under this section shall be credited to the Iowa nutrient research fund created in section 466B.46.
30.32.
31.33.
Part 3 shall include sections 459.731 through 459.737.459.738.
The Code editor is directed to correct internal referencesHF in989 the(2) Code91 and-22- inda/ns/md any22/23 enactedH.F. legislation as necessary due to enactment of this section.
989 references in the Code and in any enacted legislation as necessary due to enactment of this section.
32.34.
33.35.
Notwithstanding the provisions of this Act, on and after the effective date of this Act the department of natural resources shall regulate activities related to the construction, expansion, and operation of anaerobic digester systems, including the storage and use of materials including manure and digester feedstock in the digestion process, the processing of digestates, and the storage and application of digestates, in substantially the same manner as the department LSBregulated 2959HVthose (1)activities 91on -19-March da/ns1, 19/252025. H.F.
989 regulated those activities on March 1, 2025.
EXPLANATIONHF The989 inclusion(2) of91 this-23- explanationda/ns/md does23/23 not constitute agreement with the explanation’s substance by the members of the general assembly.
GENERAL.
This bill provides for the regulation of animal feeding operations by the department of natural resources (DNR), including the storage and application of manure originating from such operations (Code chapter 459).
An animal feeding operation is an area or building in which agricultural animals (cattle, swine, horses, sheep, chickens, turkeys, or fish) are confined for 45 days or more in any 12-month period, and all associated structures used for the storage of manure.
A confinement feeding operation is an animal feeding operation in which animals are confined to areas which are totally roofed.
Another form of animal feeding operation is an open feedlot operation which confines animals without a roof or a partial roof regulated by DNR (Code chapter 459A) and a dry bedded confinement feeding operation which confines animals in so-called hooped buildings (Code chapter 459B).
BACKGROUND —— REGULATORY REQUIREMENTS.
Regulatory requirements that apply to an animal feeding operation include a number of requirements governing associated structures including a confinement building housing agricultural animals, and various types of structures storing manure which may be made of material like concrete (formed) or that are primarily earthen (unformed) and which may or may not be covered.
The regulations apply to manure in both a solid and liquid LSB 2959HV (1) 91 -20- da/ns 20/25 H.F.
989 state.
The regulations also apply to certain manure storage structures, including a storage structure that is anaerobic, meaning liquid manure is stored in a manner that utilizes bacteria to break down organic matter in the absence of oxygen.
This process creates a biogas which is a type of renewable fuel as well as a digestate which is a source of nutrients for application on cropland.
Code chapter 459 includes a number of subchapters, including those that regulate air quality and water quality.
In both cases, the regulations require separation distance requirements between an animal feeding operation structure, including a manure storage structure, and certain objects and locations.
For purposes of air quality regulations, these objects or locations include a residence, commercial enterprise, a bona fide religious institution, an educational institution, a public use area, or a public road.
Air quality regulations impose greater separation distance requirements based on the date of initial construction and size of the confinement feeding operation.
Air quality regulations also impose separation distance requirements between those locations where manure is applied or stockpiled and those same objects or locations.
Water quality regulations include requirements for the issuance of construction permits, and construction design standards for manure storage structures.
Water quality requirements also impose separation distances between animal feeding operation structures or dry manure stockpiles and certain water sources.
A person applying manure originating from an animal feeding operation must file a plan with DNR that demonstrates how manure is to be applied in a manner that preserves water quality.
For confinement feeding operations, the plan is referred to as a manure management plan (MMP) and for open feedlots the plan is referred to as a nutrient management plan (NMP).
BACKGROUND —— CIVIL PENALTIES.
A person who violates an air quality regulation or water quality regulation is subject to a civil penalty based on a schedule established by DNR rule.
The LSB 2959HV (1) 91 -21- da/ns 21/25 H.F.
989 civil penalty cannot exceed $10,000 per violation.
The civil penalty for a water quality violation may also be subject to a judicial civil penalty not to exceed $5,000 for each day of such violation.
BILL’S PROVISIONS —— GENERAL.
The bill provides for the regulation of an anaerobic digester system which must include a digester processing structure that primarily processes manure but may also process other organic feedstocks, referred to as digester feedstock.
The structure is used to produce a biogas which is a source of renewable fuel and a digestate which is a nutrient-rich material that may be applied to cropland in a dry or liquid state.
BILL’S PROVISIONS —— ANAEROBIC DIGESTER SYSTEM.
An anaerobic digester system is comprised of three steps.
The first step involves the storing of organic material (manure and other organic feedstock) in a dry or liquid state awaiting digestion.
Manure is stored in a manure storage structure unless it is dry and temporarily stored as a stockpile.
Liquid digester feedstock is stored in a digester feedstock storage structure.
All nonfarm digester feedstock must be stored in a digester feedstock storage structure.
The second step involves digesting the organic material in a structure designed for that purpose.
The third step involves storing and applying the processed organic material referred to as digestate.
Dry digestate may be stockpiled and liquid digestate must be contained in a liquid digestate storage structure.
The scope of the bill is limited to the on-farm construction, including expansion, of these structures, the on-farm use of stockpiles, and the on-farm application of digestates.
BILL’S PROVISIONS —— TERMINOLOGY.
The bill provides that an anaerobic digester system must be identified with an animal feeding operation.
Identification occurs only if the anaerobic digester system and the animal feeding operation are either (1) under common ownership or management or (2) adjacent.
In order for an enforcement action to proceed against the anaerobic LSB 2959HV (1) 91 -22- da/ns 22/25 H.F.
989 digester system and its identified animal feeding operation for the same violation, the anaerobic digester system and the identified animal feeding operation must be under common ownership or management and be adjacent.
Any reference in the bill to a digester structure means a covered digester feedstock storage structure, a covered digester processing structure, or a covered liquid digestate storage structure.
Any reference to a digester stockpile refers to a dry digester feedstock stockpile or a dry digestate stockpile.
Any reference to manure includes manure stored and discharged from a confinement feeding operation and effluent stored and discharged from an open feeding operation structure.
A digester feedstock or digestate is classified as dry only if digester feedstock or digestate does not flow perceptibly under pressure, is not capable of being transported through a mechanical pumping device designed to move a liquid, and consists of molecules that do not flow freely among themselves.
A digester processing structure must process manure as its primary source.
A digestate is not to be regulated as manure, unless it is combined with manure.
BILL’S PROVISIONS —— CONSTRUCTION OF STRUCTURES.
The bill provides that a construction permit must be issued by DNR prior to the construction of a digester structure.
The requirements are based on construction permit requirements for manure storage structures.
The application must include an engineering report, construction plans, and specifications prepared by a professional engineer or the natural resources conservation service of the United States department of agriculture.
An application for a digester feedstock storage structure must include information regarding its capacity and the digester feedstock to be stored.
An application for the digester processing structure must include information regarding the ownership or management of its identified animal feeding operation, and the legal relationship between the two entities.
It must also include information regarding LSB 2959HV (1) 91 -23- da/ns 23/25 H.F.
989 how digestate is to be applied, and how records are to be maintained for DNR inspection.
The bill also provides for construction design standards for a formed or unformed digester structure.
The construction design standards must be based on uniform standards such as available standards promulgated by ASTM (American society for testing and materials) international.
The design standards for unformed digester feedstock storage structures must account for the use of linings and erosion controls.
BILL’S PROVISIONS —— AIR QUALITY —— SEPARATION DISTANCE REQUIREMENTS.
The bill provides separation distance requirements as part of air quality and water quality standards.
For air quality standards, the separation distance requirements assume the anaerobic digester system and the identified confinement feeding operation are part of a single confinement feeding operation.
The separation distance is determined according to the date that the digester structure was constructed or expanded subject to provisions allowing the expansion of prior constructed confinement feeding operations and exceptions to those separation distance requirements.
BILL’S PROVISIONS —— WATER QUALITY —— MANURE MANAGEMENT.
The bill provides that if digestate is applied on land subject to an MMP or NMP, such plan must be attached with a second document referred to as a digestate management supplement.
The digestate management supplement must include information necessary to determine the land area required for the application of the digestate and the nutrient concentrations of the digestate.
BILL’S PROVISIONS —— WATER QUALITY —— SEPARATION DISTANCE REQUIREMENTS.
The bill provides that the separation distance requirements and exceptions to those separation distance requirements that apply to a confinement feeding operation structure and an object or location also apply to a digester structure and that same object or location.
The bill allows a person to stockpile dry digester feedstocks or dry digestate LSB 2959HV (1) 91 -24- da/ns 24/25 H.F.
989 in the same manner as manure, subject to the same separation distance requirements as manure.
The bill requires that a person must remove stockpiled dry digestate and apply it in the same manner as manure.
BILL’S PROVISIONS —— WATER QUALITY —— SPECIAL REQUIREMENTS.
The bill includes special requirements for stockpiling dry digestate on certain karst terrain that are the same as requirements for stockpiling dry manure.
The bill also provides for applying dry digestate on snow-covered or frozen ground in compliance with state and federal water quality standards.
BILL’S PROVISIONS —— CIVIL PENALTIES.
The bill’s provisions that require separation distances between a digester structure or a digester stockpile and a residence, commercial enterprise, bona fide religious institution, or educational institution are subject to a civil penalty for a violation of air quality regulations.
All other provisions of the bill are subject to a civil penalty for a violation of water quality regulations.
BILL’S PROVISIONS —— EFFECTIVE DATE.
The bill takes effect upon enactment.
BILL’S PROVISIONS —— APPLICABILITY OF REGULATORY PRACTICE.
The bill requires DNR to regulate activities related to the construction, expansion, and operation of anaerobic digester systems in substantially the same manner DNR regulated those activities on March 1, 2025, until the director of DNR publishes a statement in the Iowa administrative bulletin stating that all rules required to effectively administer and enforce the provisions of the bill have been adopted.
LSB 2959HV (1) 91 -25- da/ns 25/25
Show all 426 changed rows (386 more)
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Subcommittee: Driscoll, Zimmer, and Zumbach.
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Referred to Agriculture.
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Explanation of vote.
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Subcommittee: Gruenhagen, Driscoll, and Quirmbach.
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Read first time, referred to Ways and Means.
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Message from House.
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Immediate message.
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Passed House, yeas 80, nays 13.
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Amendment H-1230 adopted.
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Amendment H-1256 to amendment H-1230, yeas 32, nays 60, filed, lost.
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Amendment H-1230 filed.
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Introduced, placed on Ways and Means calendar.
Sponsors
- COMMITTEE ON WAYS AND MEANS · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 149 not signed on · 71 voted No
Sponsors (1)
- COMMITTEE ON WAYS AND MEANS
Co-sponsors (0)
None.
Not signed on (149)
149 members have not signed on to this bill.
Show all 149 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 30 | 0 | 0 | 2 |
| Unaffiliated | 1 | 2 | 0 | 1 |
| Republican | 2 | 59 | 0 | 5 |
| Total | 33 | 61 | 0 | 8 |
| % of votes cast | 32% | 60% | 0% | 8% |
How each member voted (102)
| Member | Party | Vote |
|---|---|---|
| Jr. | — | Yea |
| Kniff | — | Nay |
| Sexton | — | Nay |
| Open | — | Not Voting |
| Adam Zabner | Democrat | Yea |
| Aime Wichtendahl | Democrat | Yea |
| Amy Nielsen | Democrat | Yea |
| Austin Baeth | Democrat | Yea |
| Beth Wessel-Kroeschell | Democrat | Yea |
| Bob Kressig | Democrat | Yea |
| Brian Meyer | Democrat | Yea |
| Daniel Gosa | Democrat | Yea |
| David Jacoby | Democrat | Yea |
| Dr. Megan L. Srinivas | Democrat | Yea |
| Elinor A. Levin | Democrat | Yea |
| Elizabeth Wilson | Democrat | Yea |
| Eric J. Gjerde | Democrat | Yea |
| Heather Matson | Democrat | Yea |
| J.D. Scholten | Democrat | Yea |
| Jeff Cooling | Democrat | Yea |
| Jennifer Konfrst | Democrat | Yea |
| Jerome Amos Jr. | Democrat | Yea |
| Josh Turek | Democrat | Not Voting |
| Ken Croken | Democrat | Yea |
| Kenan Judge | Democrat | Yea |
| Larry McBurney | Democrat | Yea |
| Lindsay James | Democrat | Yea |
| Mary Lee Madison | Democrat | Yea |
| Monica Kurth | Democrat | Yea |
| Rick L. Olson | Democrat | Yea |
| Rob Johnson | Democrat | Yea |
| Ross Wilburn | Democrat | Yea |
| Ruth Ann Gaines | Democrat | Not Voting |
| Sean Bagniewski | Democrat | Yea |
| Timi M. Brown-Powers | Democrat | Yea |
| Tracy A. Ehlert | Democrat | Yea |
| Ann Meyer | Republican | Nay |
| Austin Harris | Republican | Nay |
| Barb Kniff McCulla | Republican | Nay |
| Bill Gustoff | Republican | Not Voting |
| Blaine C. Watkins | Republican | Nay |
| Bob Henderson | Republican | Nay |
| Bobby Kaufmann | Republican | Nay |
| Brent Siegrist | Republican | Not Voting |
| Brett Barker | Republican | Nay |
| Brian K. Lohse | Republican | Nay |
| Brooke Boden | Republican | Nay |
| Carter F. Nordman | Republican | Nay |
| Chad Behn | Republican | Nay |
| Chad Ingels | Republican | Nay |
| Charley Thomson | Republican | Nay |
| Christian A. Hermanson | Republican | Nay |
| Cindy Golding | Republican | Nay |
| Craig P. Johnson | Republican | Nay |
| Craig Steven Williams | Republican | Nay |
| Dan Gehlbach | Republican | Nay |
| David E. Young | Republican | Nay |
| David L. Blom | Republican | Nay |
| David Sieck | Republican | Not Voting |
| Dean Fisher | Republican | Nay |
| Derek Wulf | Republican | Nay |
| Devon Wood | Republican | Nay |
| Dr. Steven P. Bradley | Republican | Nay |
| Eddie Andrews | Republican | Nay |
| Gary M. Mohr | Republican | Nay |
| Hans C. Wilz | Republican | Nay |
| Heather Hora | Republican | Nay |
| Helena Hayes | Republican | Nay |
| Henry Stone | Republican | Nay |
| Jacob Bossman | Republican | Nay |
| Jane Bloomingdale | Republican | Nay |
| Jason Gearhart | Republican | Nay |
| Jennifer J. Smith | Republican | Nay |
| John H. Wills | Republican | Nay |
| Jon Dunwell | Republican | Nay |
| Joshua Meggers | Republican | Nay |
| Judd Lawler | Republican | Nay |
| Mark Cisneros | Republican | Nay |
| Mark I. Thompson | Republican | Nay |
| Matt W. Windschitl | Republican | Nay |
| Matthew Rinker | Republican | Nay |
| Megan Jones | Republican | Nay |
| Michael R. Bergan | Republican | Nay |
| Mike Vondran | Republican | Nay |
| Norlin G. Mommsen | Republican | Nay |
| Pat Grassley | Republican | Nay |
| Ray Sorensen | Republican | Yea |
| Ryan Weldon | Republican | Nay |
| Sam Wengryn | Republican | Nay |
| Samantha Fett | Republican | Nay |
| Shannon Latham | Republican | Not Voting |
| Shannon Lundgren | Republican | Nay |
| Skyler Wheeler | Republican | Nay |
| Steven C. Holt | Republican | Nay |
| Taylor R. Collins | Republican | Nay |
| Thomas Gerhold | Republican | Nay |
| Thomas Jay Moore | Republican | Nay |
| Thomas M. Jeneary | Republican | Not Voting |
| Tom Determann | Republican | Nay |
| Tom Shipley | Republican | Yea |
| Travis M. Sitzmann | Republican | Nay |
| Zach Dieken | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 61 | 1 | 0 | 4 |
| Democrat | 18 | 12 | 0 | 2 |
| Unaffiliated | 2 | 1 | 0 | 1 |
| Total | 81 | 14 | 0 | 7 |
| % of votes cast | 79% | 14% | 0% | 7% |
How each member voted (102)
| Member | Party | Vote |
|---|---|---|
| Kniff | — | Yea |
| Sexton | — | Yea |
| Jr. | — | Nay |
| Open | — | Not Voting |
| Adam Zabner | Democrat | Yea |
| Aime Wichtendahl | Democrat | Nay |
| Amy Nielsen | Democrat | Yea |
| Austin Baeth | Democrat | Yea |
| Beth Wessel-Kroeschell | Democrat | Nay |
| Bob Kressig | Democrat | Nay |
| Brian Meyer | Democrat | Yea |
| Daniel Gosa | Democrat | Yea |
| David Jacoby | Democrat | Nay |
| Dr. Megan L. Srinivas | Democrat | Nay |
| Elinor A. Levin | Democrat | Yea |
| Elizabeth Wilson | Democrat | Yea |
| Eric J. Gjerde | Democrat | Nay |
| Heather Matson | Democrat | Yea |
| J.D. Scholten | Democrat | Nay |
| Jeff Cooling | Democrat | Yea |
| Jennifer Konfrst | Democrat | Yea |
| Jerome Amos Jr. | Democrat | Nay |
| Josh Turek | Democrat | Not Voting |
| Ken Croken | Democrat | Yea |
| Kenan Judge | Democrat | Yea |
| Larry McBurney | Democrat | Yea |
| Lindsay James | Democrat | Yea |
| Mary Lee Madison | Democrat | Nay |
| Monica Kurth | Democrat | Nay |
| Rick L. Olson | Democrat | Yea |
| Rob Johnson | Democrat | Yea |
| Ross Wilburn | Democrat | Nay |
| Ruth Ann Gaines | Democrat | Not Voting |
| Sean Bagniewski | Democrat | Yea |
| Timi M. Brown-Powers | Democrat | Nay |
| Tracy A. Ehlert | Democrat | Yea |
| Ann Meyer | Republican | Yea |
| Austin Harris | Republican | Yea |
| Barb Kniff McCulla | Republican | Yea |
| Bill Gustoff | Republican | Not Voting |
| Blaine C. Watkins | Republican | Yea |
| Bob Henderson | Republican | Yea |
| Bobby Kaufmann | Republican | Yea |
| Brent Siegrist | Republican | Not Voting |
| Brett Barker | Republican | Yea |
| Brian K. Lohse | Republican | Yea |
| Brooke Boden | Republican | Yea |
| Carter F. Nordman | Republican | Yea |
| Chad Behn | Republican | Yea |
| Chad Ingels | Republican | Yea |
| Charley Thomson | Republican | Yea |
| Christian A. Hermanson | Republican | Yea |
| Cindy Golding | Republican | Yea |
| Craig P. Johnson | Republican | Yea |
| Craig Steven Williams | Republican | Yea |
| Dan Gehlbach | Republican | Yea |
| David E. Young | Republican | Yea |
| David L. Blom | Republican | Yea |
| David Sieck | Republican | Not Voting |
| Dean Fisher | Republican | Yea |
| Derek Wulf | Republican | Yea |
| Devon Wood | Republican | Yea |
| Dr. Steven P. Bradley | Republican | Yea |
| Eddie Andrews | Republican | Yea |
| Gary M. Mohr | Republican | Yea |
| Hans C. Wilz | Republican | Yea |
| Heather Hora | Republican | Yea |
| Helena Hayes | Republican | Yea |
| Henry Stone | Republican | Yea |
| Jacob Bossman | Republican | Yea |
| Jane Bloomingdale | Republican | Yea |
| Jason Gearhart | Republican | Yea |
| Jennifer J. Smith | Republican | Yea |
| John H. Wills | Republican | Yea |
| Jon Dunwell | Republican | Yea |
| Joshua Meggers | Republican | Yea |
| Judd Lawler | Republican | Yea |
| Mark Cisneros | Republican | Nay |
| Mark I. Thompson | Republican | Yea |
| Matt W. Windschitl | Republican | Yea |
| Matthew Rinker | Republican | Yea |
| Megan Jones | Republican | Yea |
| Michael R. Bergan | Republican | Yea |
| Mike Vondran | Republican | Yea |
| Norlin G. Mommsen | Republican | Yea |
| Pat Grassley | Republican | Yea |
| Ray Sorensen | Republican | Yea |
| Ryan Weldon | Republican | Yea |
| Sam Wengryn | Republican | Yea |
| Samantha Fett | Republican | Yea |
| Shannon Latham | Republican | Yea |
| Shannon Lundgren | Republican | Yea |
| Skyler Wheeler | Republican | Yea |
| Steven C. Holt | Republican | Yea |
| Taylor R. Collins | Republican | Yea |
| Thomas Gerhold | Republican | Yea |
| Thomas Jay Moore | Republican | Yea |
| Thomas M. Jeneary | Republican | Not Voting |
| Tom Determann | Republican | Yea |
| Tom Shipley | Republican | Yea |
| Travis M. Sitzmann | Republican | Yea |
| Zach Dieken | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HF 989?
- HF 989 is sponsored by COMMITTEE ON WAYS AND MEANS.
- What is the current status of HF 989?
- This bill has passed the House. Introduced April 07, 2025. It now moves to the second chamber.
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