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:NA
8.
Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):The department anticipates that the proposed rule will have minimal economic impact. It is not likely to have a significant economic impact on small businesses since the cover crop insurance rebate would provide funding to producers who purchase insurance for cover crops.
Contact Person: Kelly Martinson (608) 224-6335
