Pennsylvania Act 1994-128 — AGRICULTURAL BY-PRODUCT MANAGEMENT TECHNOLOGY ACT

Act text

AGRICULTURAL BY-PRODUCT MANAGEMENT TECHNOLOGY ACT
                 Act of Dec. 12, 1994, P.L. 888, No. 128              Cl. 03
                                  AN ACT

     Providing for the investigation, study, development and use of
        animal by-product management technology for normal
        agricultural operations. (Title amended June 22, 2001,
        P.L.405, No.32)

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Agricultural
     By-Product Management Technology Act.
        (1 amended June 22, 2001, P.L.405, No.32)
     Section 2.  Legislative findings.
        The General Assembly finds and declares as follows:
            (1)  The development of economically feasible digesters
        and other animal by-product management technology across this
        Commonwealth will enhance and encourage environmentally sound
        and economically feasible agricultural production practices
        and will result in numerous benefits to the agricultural
        community and society.
            (2)  The development of digesters and animal by-product
        management technology across this Commonwealth to produce
        energy, pathogen-free fertilizers, animal feed supplements
        and clean water will increase revenues for agricultural
        producers and provide economically feasible and
        environmentally sound methods of managing manure and other
        agricultural by-products and nutrients, thereby benefiting
        the environment, the agricultural community and society.
            (3)  The purpose of this act is to investigate, study and
        advance digesters and animal by-product management
        technologies that are environmentally sound and economically
        feasible and to develop programs that encourage and promote
        the use and development of new technologies. Such programs
        shall benefit the agricultural community and society. In
        addition, this act seeks to assist those engaged in
        production agriculture to comply with the act of May 20, 1993
        (P.L.12, No.6), known as the Nutrient Management Act, through
        the use of environmentally sound animal by-product management
        technologies.
        (2 amended June 22, 2001, P.L.405, No.32)
     Section 3.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Agricultural community."  Persons involved in production
     agriculture and agricultural processing facilities.
        "Agricultural processing facilities."  Facilities involved in
     the slaughter and/or processing of livestock or livestock
     products, milk or dairy products, poultry or poultry products
     and other facilities approved by the Department of Agriculture.
        "Anaerobic manure digester" or "digester."  (Deleted by
     amendment).
        "Board."  The Agricultural By-Product Management Technology
     Board.
        "PEO."  (Deleted by amendment).
        "By-product management technology."  That technology which
     the Agricultural By-Product Management Technology Board
     determines will help, assist or facilitate the reduction of
     potential pollutants to air or water, diminish odors and
     pathogens associated with and being the natural result of
     agricultural production, or any technology that the board
     determines will further the purpose of this act.
        "Department."  The Department of Agriculture of the
     Commonwealth.
        "Digester."  A process that through anaerobic or aerobic
     digestion, photosynthetic purification or a combination of these
     processes causes the decomposition of manure, animal carcasses,
     offal and other agricultural by-products and nutrients,
     resulting in the release of methane, which may be used to supply
     energy for onsite use and surplus energy which can be sold to
     electric utilities or private electric companies.
        "Normal agricultural operation."  The activities, practices,
     equipment and procedures that farmers adopt, use or engage in,
     in the production and preparation for market of poultry,
     livestock and their products and in the production, harvesting
     and preparation for market or use of agricultural, agronomic,
     horticultural, silvicultural and aquacultural crops and
     commodities. The term includes new activities, practices,
     equipment and procedures consistent with technological
     development within the agricultural industry.
        "Production agriculture."  The management and use of farming
     resources for the production of agricultural crops, livestock or
     livestock products, milk or dairy products, poultry or poultry
     products or for practices approved by the Department of
     Agriculture.
        "Secretary."  The Secretary of Agriculture of the
     Commonwealth.
        (3 amended June 22, 2001, P.L.405, No.32)
     Section 4.  Development of anaerobic manure digesters. (4
                    deleted by amendment June 22, 2001, P.L.405,
                    No.32)
     Section 4.1.  Powers and duties of department.
        The department has the following powers and duties:
            (1)  To develop programs which promote education, use and
        development of economically and environmentally feasible
        digesters and by-product management technology. Such programs
        may include loan and grant programs.
            (2)  To work in concert with the board to continually
        evaluate emerging practices, methods and technology regarding
        digesters and by-product management technology.
            (3)  To promulgate regulations concerning this act and
        programs developed under this act. Prior to promulgation of
        regulations, the department shall have the power to recommend
        and implement interim guidelines for the purpose of
        facilitating the initial development of programs established
        under this act. Such interim guidelines shall be replaced by
        regulations within two years of their effective date.
            (4)  To review, with the advice of the board, program
        criteria and to periodically evaluate and make appropriate
        changes in those criteria by regulation.
        (4.1 added June 22, 2001, P.L.405, No.32)
     Section 5.  The Agricultural By-Product Management Technology
                    Board.
        (a)  Establishment.--There is established within the
     department an Agricultural By-Product Management Technology
     Board.
        (b)  Composition.--The board shall be appointed by the
     Governor and shall be composed of the following:
            (1)  The secretary or a designee who shall serve as
        chairman.
            (2)  One person who owns and operates on a continuous
        basis a digester.
            (3)  One person who represents a by-product management
        technology business enterprise.
            (4)  One nutrient management specialist from the private
        sector who has been commercially certified pursuant to the
        act of May 20, 1993 (P.L.12, No.6), known as the Nutrient
        Management Act.
            (5)  One person representing the Pennsylvania Association
        of Conservation Districts.
            (6)  One person, not part of the agricultural community,
        who shall represent the public.
            (7)  Two active commercial farm owners or operators, at
        least one representing animal agriculture.
            (8)  One representative from the agribusiness industry
        representing agricultural processing facilities.
            (9)  Two representatives from separate academic
        institutions with expertise in agricultural engineering and
        by-product management.
            (10)  One representative of the State Conservation
        Commission.
            (11)  The Secretary of the Department of Environmental
        Protection or a designee.
            (12)  One representative of commercial agricultural
        lenders.
            (13)  One representative of local government.
        (c)  Expenses of board members.--The members of the board
     shall not be entitled to compensation for their services as
     members but shall be entitled to reimbursement for all necessary
     expenses incurred in connection with the performance of their
     duties as members of the board.
        (d)  Meetings.--The board shall meet at least semiannually or
     more frequently if deemed necessary by the chairman.
        (e)  Quorum.--Eight of the members appointed to the board
     shall constitute a quorum for purposes of conducting meetings
     and official actions pursuant to authority given to the board
     under this act. No decision by the board shall be effective
     unless eight of the board members are actually present and a
     majority of those present vote to support the decision.
        (f)  Application of member.--A member of the board may apply
     to take part in any program administered under this act,
     provided all decisions regarding the program application are
     subject to the provisions of 65 Pa.C.S. § 1103(j) (relating to
     restricted activities) and the act of July 19, 1957 (P.L.1017,
     No.451), known as the State Adverse Interest Act. If any
     contract or agreement is made in violation of this section, the
     contract or agreement shall be null and void and no action shall
     be maintained against the Commonwealth.
        (g)  Powers and duties of board.--The board has the following
     powers and duties:
            (1)  To work in consultation with the department to
        continually evaluate advanced technology regarding
        economically and environmentally feasible digesters and by-
        product management technologies.
            (2)  To research, review and evaluate by-product
        management technologies that are environmentally sound and
        economically feasible and make recommendations to the
        secretary.
            (3)  To research, review and evaluate specific regional
        by-product reduction needs and opportunities and to recommend
        to the secretary appropriate by-product management technology
        that exists to satisfy those needs.
            (4)  To encourage cooperation among and between the
        agricultural community, industry and local government
        regarding the use and development of agricultural by-product
        management technologies.
        (5 amended June 22, 2001, P.L.405, No.32)
     Section 6.  Digester construction.  (6 deleted by amendment June
                    22, 2001, P.L.405, No.32)
     Section 7.  Funding.
        (a)  Availability of funds.--Financing of digesters and
     agricultural by-product management technology programs and
     projects shall be provided to the extent that funds are
     available.
        (b)  Use of specific appropriation, contributions and other
     payments.--The department is authorized to use funds
     specifically appropriated by the General Assembly for the
     purposes of this act and any funds, contributions or payments
     which may be made available to it by another State agency, the
     Federal Government or any public or private source for the
     purpose of implementing the provisions of this act.
        (c)  Grant recipient.--The recipient of a grant, loan or
     other financial assistance or participation in a program
     developed pursuant to this act shall not preclude an individual,
     partnership or corporation from receiving grants, loans or other
     financial assistance or participating in programs pursuant to
     the act of May 20, 1993 (P.L.12, No.6), known as the Nutrient
     Management Act, or the act of December 12, 1994 (P.L.900,
     No.130), known as the Agriculture-Linked Investment Program Act.
        (d)  Department of Agriculture.--(Deleted by amendment).
        (e)  Department of Commerce.--(Deleted by amendment).
        (7 amended June 22, 2001, P.L.405, No.32)

        Compiler's Note:  The Department of Commerce, referred to in
            subsec. (e), was renamed the Department of Community and
            Economic Development by Act 58 of 1996.
     Section 8.  Effective date.
        This act shall take effect in 60 days.