STATEMENT OF SCOPE
Department of Agriculture, Trade and Consumer Protection
Rule No.: ATCP 52
ReIating to: Providing crop insurance rebates for cover crops
Rule Type: Emergency
1.
Finding/nature of emergency (Emergency Rule only):Under s. 92.14 (17), Wis. Stats. the Department of Agriculture, Trade, and Consumer Protection ("department") may provide crop insurance premium rebates for planting cover crops. An emergency rule is needed in order to administer this program and provide rebates from the appropriation in 20.115(7) (qi), Stats. for this program in Fiscal Year 2023-2024. 2.
Detailed description of the objective of the proposed rule:The department proposes to amend ATCP 52 to provide crop insurance rebates for cover crops. Under s.
92.14 (17), Wis. Stats., the department may provide a crop insurance premium rebate of $5 for each acre that is planted with a cover crop. the department will consider how: to establish the application and award process, to determine eligible cover crops, and to establish procedures to verify that a cover crop is planted on an acre for which a rebate is provided. The department will also consider how to determine the maximum amount of acres for which an applicant may receive funding in a year, except that the department may impose such a maximum only in years in which the total amount of funding requested by eligible applicants exceeds the total funding available.
The department may not provide a rebate for the planting of a cover crop on an acre for which funding for planting a cover crop is provided from a federal or state grant or incentive program, including any of the following:
- The federal Environmental Quality Incentives Program. [16 U.S.C. ss. 3839aa to 3839aa-8.]
- The federal Conservation Stewardship Program. [16 U.S.C. ss. 3839aa-21 to 3839aa-25.]
- A producer-led watershed protection grant. [s. 93.59, Stats.] - The Soil and Water Resource Management Program. [s. 92.14, Stats.] - A lake management planning grant. [s. 281.68, Stats.] - A lake management grant. [s. 281.69, Stats.] - A river protection grant. [s. 281.70, Stats.] The department will consider how to verify that a recipient of a rebate is in compliance with program requirements and may consider what to do if a landowner is found not to be in compliance.
3.
Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:ATCP 52 currently implements the producer led watershed protection grants program created under
s. 93.59, Stats. The proposed cover crop insurance rebates would be a new program included in the rule. 4.
Detailed explanation of statutory authority for the rule (including the statutory citation and language):Section 92.14 (17), Stats., creates the crop insurance premiums rebate for planting cover crops. The statutory language is as follows: Section 92.14 (17), Stats., Crop insurance premium rebates for planting cover crops. (a)
From the appropriation under s. 20.115 (7) (qt), Stats., the department may provide rebates in the amount of $5 for each acre of a cover crop planted for crop insurance premiums paid on those acres. In providing crop insurance premium rebates under this subsection, the department may cooperate with the risk management agency of the U.S. department of agriculture, and may cooperate with any related federal agency, state agency, or agricultural organization.(b)
ln providing crop insurance premium rebates under this subsection, the department may promulgate the following rules:1. Rules determining the cover crops for which crop insurance premium rebates are provided under this subsection.
2. Rules establishing procedures for verifying that a cover crop is planted on acres for which a crop insurance premium rebate is provided under this subsection.
3. Rules determining the maximum amount of acres for which an applicant may receive funding in a year, except that the department may impose such a maximum only in years in which the total amount of funding requested by eligible applicants exceeds the total funding available.
4. Rules establishing the application and award process, including the application deadline
and grant award schedule.
5.
Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:The department estimates that it will take approximately 80 hours to develop this emergency rule. That calculation includes time required for investigation and analysis, drafting the emergency rule, preparing related documents, coordinating meetings, holding public hearings, and communicating with affected persons and groups. The department will use existing staff to develop this rule.
6.
List with description of all entities that may be affected by the proposed rule:1. Farmers and other Landowners. Agricultural producers, landowners or a proxy therefor may apply for an insurance premium rebate for lands planted to cover crops.
2. USDA Risk Management Agency- The department shall partner with USDA risk management agency to process rebates.
3. Crop Insurance Providers- Applicants of the insurance premium rebate must hold an applicable crop insurance policy.
7.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
