Struck = removed from the bill ·
added = the amendment's new text.
House File 989 -H-1256 ReprintedAmend HOUSE FILE 989 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HSB 323) (As Amended and Passed by the Houseamendment, AprilH-1230, 17, 2025) A BILL FOR An Act relating to animalHouse feedingFile operations,989, byas providingfollows: for the regulation of anaerobic digester systems, providing fees, making penalties applicable, and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
HF 989 (2) 91 da/ns/md H.F.
989 Section 1.
Section 459.102, subsection 2, Code 2025, is amended by striking the subsection.
Sec.
2.
NEW SECTION.
459.104 Purpose.
The purpose of this chapter, together with chapters 459A and 459B, is to regulate animal agriculture, including but not limited to the storage, application, and processing of organic materials, including manure, originating from animal feeding operations.
Sec.
3.
Section 459.201, Code 2025, is amended by adding the following new subsection:
NEW SUBSECTION .
6.
“Anaerobic digester system” means the same as defined in section 459.701.
Sec.
4.
NEW SECTION.
459.701 Definitions.
For purposes of this subchapter, unless the context otherwise requires:
a.Page 6, after line 32 by inserting:
(1)<___. “Anaerobic digester system” means a digester processing structure used to effectuate the digestion process.
(2)Page “Anaerobic7, digesterafter system”line may14 alsoby includeinserting: any of the following:
(a)<1A. A liquid digester storage structure, including a liquid digester manure storage structure and a liquid digester feedstock storage structure.
(b)As Aa drycondition to issuing a construction permit, the applicant must consent to the department’s testing of materials in a digester manurestructure stockpile.for the presence of perfluoroalkyl and polyfluoroalkyl substances as required by the department during normal business hours.>> 2.
(c)By Arenumbering dryas digesternecessary. feedstock stockpile.
(d)______________________________ AKURTH liquidof digestateScott storageH structure.1230.1616 (2) 91 -1- da/ns 1/1
(e) A dry digestate stockpile.
b.
“Anaerobic digester system” includes other related structures, pipes, and equipment used in the digestion process.
2.
“Covered” means organic or inorganic material placed upon a digester structure used to store any of the following:
a.
Digester manure.
b.
Digester feedstock.
c.
Digestate.
3.
“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.
a.
“Digester feedstock” means organic material, other than digester manure, originating either on-farm or off-farm, that is used to effectuate the digestion process as part of an anaerobic digester system.
b.
“Digester feedstock” includes either or both of the following:
(1) Dry digester feedstock.
(2) Liquid digester feedstock.
6.
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.
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.
“Digester stockpile” means any of the following:
a.
A dry digester manure stockpile.
b.
A dry digester feedstock stockpile.
c.
A dry digestate stockpile.
9.
“Digester structure” means any of the following:
a.
A liquid digester storage structure, including a liquid digester manure storage structure and a liquid digester feedstock storage structure.
b.
A digester processing structure.
HF 989 (2) 91 -2- da/ns/md 2/23 H.F.
989 c.
A liquid digestate storage structure.
10.
“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.
11.
“Dry digestate” means digestate that meets the dry classification requirements in section 459.707.
12.
“Dry digestate stockpile” means dry digestate originating from an anaerobic digester system and stored as part of the anaerobic digester system outside a digester structure or on-farm outside any other structure.
13.
“Dry digester feedstock” means a digester feedstock that meets the dry classification requirements in section 459.707.
14.
“Dry digester feedstock stockpile” means dry digester feedstock stored outside a digester structure.
15.
“Dry digester manure” means digester manure that meets the dry classification requirement in section 459.707.
16.
“Dry digester manure stockpile” means dry digester manure that is part of an anaerobic digester system if stored outside a digester structure.
17.
“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.
“On-farm” means real property used to produce raw agricultural commodities, including agricultural animals;
crops such as corn, grain sorghum, oats, soybeans, or wheat;
hay or straw;
milk;
or wool.
Sec.
5.
NEW SECTION.
459.702 Scope.
1.
This subchapter is limited to the regulation of on-farm construction, including expansion, or management of, structures used for the on-farm storage of digester manure, digester feedstock, or digestate;
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.
If there is a conflict between the provisions of this subchapter and another subchapter, the provisions of this subchapter shall prevail.
3.
Rules adopted to implement this subchapter are not subject to section 17A.7, subsection 2 or 3.
Sec.
6.
NEW SECTION.
459.703 Administration —— departmental authority.
1.
The department shall establish by rule adopted pursuant to chapter 17A requirements relating to the construction, including expansion, or management of, structures used for the on-farm storage of digester manure, digester feedstock, or digestate;
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.
2.
The department shall adopt and promulgate forms required to be completed in order to comply with this subchapter including forms for documents that the department shall make available on the internet.
3.
The department may provide separate applications for constructing each type of digester structure regulated under this subchapter, including a liquid digester manure storage structure, liquid digester feedstock storage structure, digester processing structure, and liquid digestate storage structure.
For administrative efficiency, the department shall provide a single application form that combines all applications together into a total application form.
Sec.
7.
NEW SECTION.
459.704 Minimum requirements for manure control —— water quality.
The delivery of manure by an animal feeding operation for processing by an anaerobic digester system in a manner that complies with this subchapter constitutes manure disposal satisfying the requirements of section 459.311.
Sec.
8.
NEW SECTION.
459.705 Special terms —— anaerobic digester systems.
HF 989 (2) 91 -5- da/ns/md 5/23 H.F.
989 1.
a.
An anaerobic digester system must be identified with an animal feeding operation.
b.
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 any of the following:
(1) Adjacent.
(2) Under common ownership.
(3) Under common management.
c.
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 paragraph “b”, subparagraphs (1), (2), and (3).
2.
An anaerobic digester system and an animal feeding operation structure are deemed adjacent if the closest digester structure is separated from the closest animal feeding operation structure by less than one thousand two hundred fifty feet.
3.
a.
An anaerobic digester system and an animal feeding operation are under common ownership if a person holds an interest in the anaerobic digester system and the animal feeding operation as any of the following:
(1) A sole proprietor.
(2) A joint tenant or tenant in common.
(3) A holder of a majority equity interest in a business association as defined in section 202B.102, including but not limited to a shareholder, partner, member, or beneficiary.
b.
An interest in the anaerobic digester system and animal feeding operation which is held directly or indirectly by the person’s spouse or dependent child shall be attributed to the person.
4.
a.
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 HF 989 (2) 91 -6- da/ns/md 6/23 H.F.
989 operations of the community anaerobic digester system and animal feeding operation.
b.
Common management does not include control over a contract livestock facility by a contractor, as those terms are defined in section 202.1.
Sec.
9.
NEW SECTION.
459.706 Special terms —— digester structures.
1.
A digester structure that is used as a manure storage structure and that is not subject to a digestion process shall be conclusively presumed to be a manure storage structure.
2.
Any digester structure must be covered.
Notwithstanding section 459.102, subsection 19, a cover must include organic or inorganic material placed upon a digester structure as provided by rules adopted by the department.
3.
A digester structure is constructed when any of the following occur:
a.
Excavation is conducted for a proposed digester structure or proposed expansion of an existing digester structure, including excavation for the footings of the digester structure.
b.
Forms for concrete are installed for a proposed digester structure or the proposed expansion of an existing digester structure.
c.
Piping for the movement of manure is installed between an animal feeding operation structure and a digester structure proposed to be constructed or expanded.
4.
a.
This subchapter does not apply to a confinement feeding operation structure regardless of whether manure originating from the confinement feeding operation structure is received by a digester processing structure.
b.
This subchapter does not apply to an open feedlot operation structure regulated under chapter 459A regardless of whether effluent originating from the open feedlot operation structure is received by a digester processing structure.
c.
Placing a cover over a manure storage structure does not HF 989 (2) 91 -7- da/ns/md 7/23 H.F.
989 constitute construction or expansion of a digester structure.
Sec.
10.
NEW SECTION.
459.707 Special terms —— manure and digestates.
For purposes of this subchapter, all of the following apply:
1.
Except as otherwise provided in this subchapter, the term “manure” includes effluent if used as part of the digestion process.
2.
Digester manure, digester feedstock, or digestate is classified as dry only if all of the following apply:
a.
The digester manure, digester feedstock, or digestate does not flow perceptibly under pressure.
b.
The digester manure, digester feedstock, or digestate is not capable of being transported through a mechanical pumping device designed to move a liquid.
c.
The constituent molecules of the digester manure, digester feedstock, or digestate do not flow freely among themselves but may show a tendency to separate under stress.
3.
A digester processing structure must process manure as its primary source.
The digester processing structure may also process any of the following:
a.
A quantity of digester feedstock as its secondary source.
b.
An ancillary quantity of an inorganic material, including a catalyst, used to best effectuate the digestion process.
The department shall adopt rules listing allowable materials by name and, if necessary, the maximum allowed quantity.
The department may also approve the allowable materials and quantity upon request of the owner or manager of the anaerobic digester system.
The allowed inorganic material allowed over time must be nonhazardous to the public and environment.
4.
a.
Except as provided in paragraph “b”, digester manure shall not be regulated as manure.
b.
If digester manure and digester feedstock are combined, the digester feedstock shall be regulated as digester manure.
5.
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.
Sec.
11.
NEW SECTION.
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.
459.711 Digester structures —— construction permits.
1.
a.
Except as provided in paragraph “b”, a construction permit must be issued prior to the construction of a digester structure, including a liquid digester manure storage structure, liquid digester feedstock storage structure, digester processing structure, or liquid digestate storage structure, as provided by rules adopted by the department pursuant to this subchapter.
b.
A person is not required to be issued a permit to construct a digester structure if the anaerobic digester system is owned by a research college as defined in section 459.318 conducting research activities.
2.
The department’s decision to approve a permit for the construction of a digester structure shall be based on whether the application is submitted according to procedures required by the department and the application meets standards established by this subchapter and rules adopted by the department.
3.
Construction of a digester structure shall not begin until the department first approves the application and issues a construction permit.
4.
The applicant for a construction permit must be the owner of the anaerobic digester system and the person responsible for the construction and operation of the anaerobic digester system.
HF 989 (2) 91 -10- da/ns/md 10/23 H.F.
989 5.
The department shall approve an application for a construction permit regardless of whether the applicant is required to be issued a construction permit.
6.
Prior to submitting an application for a construction permit, the applicant may submit a conceptual design and site investigation report to the department for review and comment.
7.
An application for a construction permit must include all of the following information:
a.
The name and contact information of the owner and manager of the anaerobic digester system identified with an animal feeding operation under section 459.705 and the owner and manager of the identified animal feeding operation.
b.
Whether the digester structure is formed or unformed.
c.
Information including but not limited to maps, drawings, and aerial photos that clearly show the location of all of the following:
(1) The location of the proposed or existing anaerobic digester system, and any other proposed or existing digester structures or digester stockpiles.
(2) The location of any proposed or existing animal feeding operation structure that is part of the identified animal feeding operation.
d.
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.
The professional engineer must certify that the construction of the digester structure complies with the construction design standards required in this subchapter.
8.
The department must approve or disapprove an application for a construction permit within sixty days following the applicant’s delivery of the application to the department.
However, the applicant may deliver a notice requesting a continuance.
Upon receipt of a notice, the time required for the department to act upon the application shall be suspended HF 989 (2) 91 -11- da/ns/md 11/23 H.F.
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.
The applicant may submit more than one notice.
However, the department may provide that an application is terminated if no action is required by the department for one year following delivery of the application to the department.
The department may also provide for a continuance when it considers the application.
The department shall provide notice to the applicant of the continuance.
The time required for the department to act upon the application shall be suspended for the period provided in the notice of continuance, but for not more than thirty days.
However, the department shall not provide for more than one continuance.
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.
Sec.
14.
NEW SECTION.
459.712 Liquid digester manure storage structure —— construction permit.
In addition to the applicable requirements in section 459.711, an application for a permit to construct a liquid digester manure storage structure must include all of the following information:
1.
A description of the type and amount of digester manure to be stored in the digester feedstock storage structure.
2.
The storage capacity of the liquid manure storage structure.
3.
A description of the digester processing structure used to process the received digester manure and any digester feedstock.
4.
Any other information determined relevant by the department as provided by rules adopted by the department.
Sec.
15.
NEW SECTION.
459.713 Liquid digester feedstock HF 989 (2) 91 -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:
1.
A description of the type and amount of any digester feedstock to be stored in the liquid digester feedstock storage structure.
2.
The storage capacity of the liquid digester feedstock storage.
3.
A description of the liquid digester processing structure used to process the received manure and digester feedstock.
4.
Any other information determined relevant by the department as provided by rules adopted by the department.
Sec.
16.
NEW SECTION.
459.714 Digester processing structure —— construction permit.
1.
In addition to the applicable requirements in section 459.711, an application for a permit to construct a digester processing structure must include all of the following:
a.
(1) A description of the type and amount of digester manure 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.
b.
The processing capacity of the digester processing structure.
c.
Unless an anaerobic digester system and animal feeding operation are under common ownership or management, 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 HF 989 (2) 91 -13- da/ns/md 13/23 H.F.
989 section 459.705.
(2) For an animal feeding operation with which the anaerobic digester system is identified under section 459.705, the terms of an agreement to deliver manure to the anaerobic digester system.
d.
(1) If digestate is to be applied to land subject to a manure management plan, a copy of the plan and digestate management supplement as required in section 459.733.
(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.
e.
Any other information determined relevant by the department as provided by rules adopted by the department.
2.
The application must include a plan for maintaining records regarding all of the following as provided by rules adopted by the department:
a.
(1) The manure, digester feedstock, and inorganic materials subject to processing.
(2) The digestate and biogas processed.
b.
Procedures for the departmental inspection of the records.
Sec.
17.
NEW SECTION.
459.715 Liquid digestate storage structure —— construction permit.
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:
1.
A description of the type and amount of digestate to be stored in the liquid digestate storage structure.
2.
The storage capacity of the liquid digestate storage structure.
3.
Any other information determined relevant by the department as provided by rules adopted by the department.
Sec.
18.
NEW SECTION.
459.717 General construction design standards —— formed digester structures.
HF 989 (2) 91 -14- da/ns/md 14/23 H.F.
989 1.
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.
The department may adopt rules providing separate regulations for each type of formed digester structure.
2.
The construction design standards shall be based, to every extent possible, upon uniform standards such as available standards promulgated by ASTM (American society for testing and materials) international.
3.
The construction design standards for concrete must provide for all of the following:
a.
The concrete’s minimum compressive strength calculated on a pounds-per-square-inch basis.
b.
The use of reinforcement, including but not limited to the grade, amount, and location of steel rebar, fiberglass, or similar materials set in the concrete, or the use of exterior braces to support joints.
c.
The depth of footings.
d.
The thickness of the footings, the floor, and walls.
Sec.
19.
NEW SECTION.
459.718 Special construction restrictions —— formed digester structures.
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.
Sec.
20.
NEW SECTION.
459.719 General construction design standards —— unformed digester structures —— inspections.
1.
The department shall adopt rules establishing construction design standards for an unformed digester structure, including an unformed liquid digester manure storage structure, unformed liquid digester feedstock storage HF 989 (2) 91 -15- da/ns/md 15/23 H.F.
989 structure, unformed digester processing structure, or unformed liquid digestate storage structure.
The department may adopt rules providing separate regulations for each type of digester structure.
2.
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 manure storage structure, unformed liquid digester feedstock storage structure, unformed digester processing structure, or unformed liquid digestate storage structure.
The construction design standard must account for all of the following:
a.
The lining of the unformed digester structure must be constructed with materials deemed suitable by rules adopted by the department in order to minimize seepage loss through the lining’s seal.
b.
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.
c.
The unformed digester structure must be constructed to minimize seepage into near-surface water sources.
d.
The top of the floor of the unformed digester structure’s liner must be above the groundwater table as determined by the department.
If the groundwater table is less than two feet below the top of the liner’s floor, the unformed digester structure shall be installed with a synthetic liner.
If the department allows an unformed digester structure to be located at a site by permanently lowering the groundwater table, the department shall confirm that the proposed system meets standards necessary to ensure that the unformed digester structure does not pollute groundwater sources.
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 HF 989 (2) 91 -16- da/ns/md 16/23 H.F.
989 the drain tile line.
The department shall also require the installation of a device to allow shutoff of the drain tile lines, if the drain tile lines do not have a surface outlet accessible on the property where the digester structure is located.
3.
a.
The department shall conduct a routine inspection of each unformed digester structure at least once each year.
A routine inspection conducted pursuant to this paragraph shall be limited to a visual inspection of the site where the unformed digester structure is located.
The department shall inspect the site at a reasonable time after providing at least twenty-four hours’ notice to the person owning or managing the anaerobic digester system.
The visual inspection must include but is not limited to determining whether any of the following exist:
(1) An adequate freeboard level.
(2) The seepage of a liquid from the unformed digester structure.
(3) Erosion.
(4) Inadequate cover.
(5) The presence of an opening allowing liquid to drain from the unformed digester structure.
b.
Paragraph “a” does not restrict the department from conducting an inspection of an anaerobic digester system which is not routine.
Sec.
21.
NEW SECTION.
459.720 Special construction restrictions —— unformed digester structures.
1.
a.
Except as provided in paragraph “b”, a person shall not construct an unformed digester structure on karst terrain.
b.
A person may construct an unformed digester structure on karst terrain if there is a twenty-five-foot vertical separation distance between the bottom of the unformed digester structure and underlying limestone, dolomite, or other soluble rock.
2.
A person shall not construct an unformed digester HF 989 (2) 91 -17- da/ns/md 17/23 H.F.
989 structure in an area that drains into a known sinkhole.
3.
A person shall not construct or expand an unformed digester structure within an agricultural drainage well area as provided in section 460.205.
Sec.
22.
NEW SECTION.