act-1994-0-128•Pennsylvania Act 1994-128 — AGRICULTURAL BY-PRODUCT MANAGEMENT TECHNOLOGY ACT
Pennsylvania Act 1994-128 — AGRICULTURAL BY-PRODUCT MANAGEMENT TECHNOLOGY ACT
act-1994-0-1281994 Pa. Act 128Law
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.
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