Explanation of Statutory Authority
The Department has broad general authority, under Wis. Stat. § 93.07(1), to adopt regulations to enforce laws under its jurisdiction. Under Wis. Stat. § 93.59(4), the Department is authorized to adopt rules to define “legal entity” for purposes of the grant program; specify the grant application process; and specify the activities that may be conducted using a grant. Related Rules or Statutes
There are no directly related rules or statutes, other than those cited above.
Plain Language Analysis
The Producer Led Watershed Protection Grants program is designed to encourage producers to develop and use innovative approaches and conservation practices that reduce nonpoint source pollution within their watershed. The program will also work to increase producer communication and education regarding environmentally and economically effective conservation activities. The Producer Led Watershed Protection Grants program will support projects proposed by producer led groups that involve voluntary nonpoint source pollution abatement activities within their watershed with the purpose of improving water quality in that watershed, as well as efforts to increase additional voluntary farm and agribusiness participation, expanding the overall breadth of the program. This rule will benefit affected businesses, including small businesses. This rule will have no negative impact on businesses since it only applies to those businesses that voluntarily seek and are awarded grant funds. Grant funds should positively impact businesses that provide goods and services used in pollution abatement activities under this rule.
The Department shall award no more than the amount specified in Wis. Stat. § 93.59(5), of grant funding to any producer led group in any state fiscal year. Under Wis. Stat. § 93.59(2), grant recipients must meet all of the listed eligibility requirements. Grant Purposes
Under this permanent rule, the Department may award grants for projects that focus on nonpoint source pollution abatement activities to improve water quality through any of the following methods:
• Startup costs associated with: work planning, mission development, goal setting or learning days to have experts discuss conservation topics.
• Provide incentive payments to producers to implement conservation practices such as soil testing, cover crops, nutrient and manure management planning, no-till, buffer strips, grassed waterways, manure composting or low-disturbance manure injection.
• Measure and promote economic and environmental benefits of conservation practices.
• Perform nutrient management planning, training and assessments.
• Develop innovative approaches to manure storage, stacking, or conservation equipment-sharing that increases and identifies economic and environmental benefits of such practices.
• Increase voluntary producer and agribusiness participation in a watershed through education and outreach activities such as hosting conferences, workshops or field days.
• Collaborate with partners for on-farm research that identifies economic and environmental benefits and opportunities of utilizing various conservation practices or strategies.
• Complete cost-effective edge-of-field and in-stream water quality monitoring.
• Perform farm assessments to evaluate farm, manure, and nutrient management practices and identify solutions to resource concerns.
• Other activities deemed by the department as consistent with the purpose of s 93.59, Stats.
Use of Grant Funds
Under this permanent rule, grant funds may be used to reimburse expenses that are determined by the department to be a reasonable and necessary part of the grant project. Eligible expenses may include:
• Development of work plans, mission development, goal setting, learning days to have experts discuss related topics or development of incentive program.
• Incentive payments for conservation practices such as soil testing or cover crop seed.
• Field days, workshops and conferences including facility rentals, meals, and expenses directly related to hosting the event.
• Personnel for coordinator role including expenses for salaries and wages, contract and consulting services, and mileage at allowable state rates. The maximum amount for any type of labor expense is $25/hour.
• Mailings, creation of marketing and outreach brochures, handouts, newsletters, or factsheets.
• Materials and supplies directly associated with the project.
• Incentive payments for equipment rentals of innovative technologies used or shared by all farmers within the producer led group; for example costs for renting a low-disturbance manure injector or no-till drill.
• Rental costs for equipment directly associated with research projects, if pre-approved by the project manager.
• Cost-effective edge-of-field and water quality monitoring.
• Farm assessments to identify and evaluate potential or existing resource concerns, nutrient management implementation, and other water quality practices.
• Other costs deemed by the department to be consistent with the purpose of Wis. Stat. § 93.59. Grant funds may not reimburse any of the following expenses:
• Real estate purchases.
• Repayment of loans or mortgages.
• Rent or contract payments for time periods prior to or extending beyond the term of the grant contract.
• Equipment purchases.
• Administrative or overhead costs that are not direct costs of the grant project.
• Lobbying.
Grant Proposals
Under this permanent rule, the Department must issue at least one request for grant proposals in each state fiscal biennium. The Department may issue more frequent requests, if it chooses to do so. The request for proposals must describe the required form and content of grant proposals, and must specify a deadline for submitting grant proposals. Applicants must submit grant proposals to the Department, in the manner prescribed within the Department’s request for proposals.
Grant Awards
Under this permanent rule, the Department must evaluate grant proposals and issue its grant awards within 60 days after the closing of the grant proposal deadline. The Department must clearly identify each award recipient, the amount of the award, the purposes for which the award is given and what is to be included in the annual report. At a minimum, the Department must consider all of the following criteria when evaluating grant proposals and making grant awards:
• Whether the proposed project will improve water quality within their respective watershed.
• The extent to which a proposed project will increase nonpoint pollution abatement activities and producer participation.
• Whether the proposal complies with the Department’s request for proposals and budget requirements.
• Whether the proposed project meets the standards prescribed in this permanent rule.
• The viability of the proposed project.
• The management and technical qualifications of the grant applicant.
• The qualifications of the persons, collaborators, and legal entities who will carry out the project.
• The financial capacity of the grant applicant to complete the project as proposed.
• The adequacy of the project plan and budget.
• Whether the grant proposal and budget adequately identifies the nature of project expenses to be reimbursed under the proposed grant.
• Whether grant funds have been awarded to grant applicant in previous funding cycles.
• Past performance under previous grant awards and contracts.
• Other factors deemed by the department to be consistent with the purpose of Wis. Stat. § 93.59. Grant Contracts
Under this rule, the Department must enter into a contract with a legal entity before distributing funds. The contract will be with the producer led group or a legal entity accepting the grant funds on behalf of the producer led group. The contract must spell out grant terms and conditions, including performance requirements, reporting requirements and payment terms. Grant recipients will be required to file an annual report with the Department and attend an annual information-sharing workshop hosted by the Department.
Grant Payments
Under this rule, the Department may distribute grant funds in one or more payments, based on documented progress toward completion of the grant project. The contract must describe payment terms and conditions. The Department will require grant recipients to submit expense documentation as necessary to support grant payments.
Fiscal Impact
This rule will have a fiscal impact on the Department operations. Under this rule, the Department must issue at least one request for grant proposals in each state fiscal biennium and host annual information-sharing workshop. Department staff must review grant proposals, recommend grant awards, administer grants, and ensure compliance with applicable requirements. Department staff will also provide technical assistance to grant applicants and recipients, as appropriate.
