S605 - North Carolina Farm Act of 2021. (SL 2021-78)

Overview: Section 11 of S.L. 2021-78 directs the Environmental Management Commission (Commission) to develop a new general permit for animal operations that includes authorization for the permittee to construct and operate a farm digester system. After the issuance of the new general permit, the decision to require an individual permit must not be based solely on the fact that the animal waste management system utilizes a farm digester system.

The permit must become effective no later than July 2, 2022, and must expire on the later of September 30, 2024, or the effective date of the next version of the currently existing general permit for animal operations. Until the new general permit is issued, any animal operation that holds a general or individual permit that (i) is in effect on the effective date of this section and (ii) authorizes the construction and operation of a farm digester system, may construct and continue to operate the farm digester system as authorized by that permit. Animal operations that do not hold a permit authorizing the construction and operation of a farm digester system are allowed to submit a notice of intent to be covered under the new general permit. When the Commission does not make a final permitting decision within 90 days of the Commission's receipt of a completed notice of intent, the certificate of coverage is deemed approved.

This section also allows for construction or renovation of a farm digester system that is a component of a preexisting swine farm if the system does not expand the capacity of the farm.

This section also exempts farm digester systems from property tax.

This section became effective July 2, 2021.