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LRB-5173/1
MCP&ZDW:skw&emw
2021 - 2022 LEGISLATURE
December 2, 2021 - Introduced by Representatives Kitchens, Novak, Tranel,
Shankland, Krug, Hong, Milroy, Mursau, Neubauer, Oldenburg,
Penterman, Plumer, Tauchen, Petryk, Subeck, Spiros, Considine, Pope,
Vining, Spreitzer, Ohnstad, Conley and Tusler, cosponsored by Senators
Cowles, Testin, Ballweg, Bernier, Petrowski, Pfaff, Ringhand, Roys, Smith
and Wimberger. Referred to Committee on Agriculture.
AB727,1,6 1An Act to create 20.115 (4) (s), 20.115 (7) (u), 20.285 (1) (t), 36.25 (6) (f), 93.60
2and 93.65 of the statutes; relating to: creating a commercial nitrogen
3optimization pilot program, providing crop insurance rebates for cover crops,
4creating a hydrogeologist position, extending the time limit for emergency rule
5procedures, providing an exemption from emergency rule procedures, granting
6rule-making authority, and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill creates a commercial nitrogen optimization pilot program, provides
crop insurance premium rebates for planting cover crops, and creates a new
hydrogeologist position at the University of Wisconsin-Madison Division of
Extension.
Commercial nitrogen optimization pilot program
The bill requires the Department of Agriculture, Trade and Consumer
Protection to create a commercial nitrogen optimization pilot program, under which
DATCP awards grants to farmers to implement a project, for at least two growing
seasons, that optimizes the application of commercial nitrogen. The farmer must
collaborate with a University of Wisconsin System institution to monitor grant
projects on-site. The institution may receive a grant for its monitoring requirements
under the bill.

Under the bill, a grant to a farmer and the eligible university entity
collaborating with the farmer may not exceed, in total, $50,000. No more than 20
percent of this total amount may be awarded to the collaborating university entity.
The bill requires DATCP to attempt to provide grants to farmers in different
parts of the state and to provide grants for projects in areas that have different soil
types or geologic characteristics. The bill requires DATCP to prioritize projects that
are innovative and that are not currently funded through existing state or federal
programs and to prioritize farmers who plan to implement projects for longer
periods. The bill also requires DATCP to collaborate with the farmer and the
university when awarding grants under the pilot program.
Under the bill, a farmer and the university collaborating with the farmer are
immune from civil liability and may not be subject to any remedial action or other
administrative or enforcement action from DATCP or the Department of Natural
Resources for any discharge of environmental pollution from the land involved in the
project, if the actions were taken in good faith and conformed to the project
specifications that were proposed in an application for a grant under the program.
Cover crop insurance premium rebates
In addition, the bill authorizes DATCP to cooperate with the Risk Management
Agency of the U.S. Department of Agriculture to provide rebates in the amount of $5
per acre of a cover crop planted for crop insurance premiums paid for those acres.
Under the bill, DATCP determines the cover crops for which crop insurance premium
rebates are provided, and a person must plant cover crops before submitting an
application to DATCP for a crop insurance premium rebate. Also, under the bill, a
crop insurance premium rebate may not be provided for the planting of a cover crop
on an acre for which funding for planting a cover crop is available from a
producer-led watershed protection grant, the soil and water resource management
program, the federal Environmental Quality Incentives Program, or the federal
Conservation Stewardship Program.
Hydrogeologist position
Finally, the bill requires the Board of Regents of the University of Wisconsin
System to create a three-year project position for one full-time hydrogeologist for the
geological and natural history survey, which is part of the Division of Extension of
UW-Madison. The position must focus on developing groundwater resource
information primarily at county or local scales and assisting state and local
governments, industries, and the public in interpreting and using the information.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB727,1
1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF
AB727,2 3Section 2. 20.115 (4) (s) of the statutes is created to read:
AB727,3,74 20.115 (4) (s) Crop insurance premium rebates for planting cover crops. From
5the environmental fund, as a continuing appropriation, the amounts in the schedule
6to make payments under s. 93.65 for crop insurance premium rebates for the
7planting of cover crops.
AB727,3 8Section 3. 20.115 (7) (u) of the statutes is created to read:
AB727,4,3
120.115 (7) (u) Commercial nitrogen optimization pilot program. From the
2environmental fund, as a continuing appropriation, the amounts in the schedule for
3the commercial nitrogen optimization pilot program under s. 93.60.
AB727,4 4Section 4. 20.285 (1) (t) of the statutes is created to read:
AB727,4,85 20.285 (1) (t) Geological and natural history survey hydrogeologist. From the
6environmental fund, the amounts in the schedule for the position created under s.
736.25 (6) (f). No moneys may be encumbered from this appropriation after June 30,
82025.
AB727,5 9Section 5. 36.25 (6) (f) of the statutes is created to read:
AB727,4,1510 36.25 (6) (f) The Board of Regents shall create one full-time hydrogeologist
11project position for 3 years for the geological and natural history survey to be funded
12from the appropriation under s. 20.285 (1) (t). The position shall focus on developing
13groundwater resource information primarily at county or local scales and assisting
14state and local governments, industries, and the public in interpreting and using this
15information.
AB727,6 16Section 6. 93.60 of the statutes is created to read:
AB727,4,20 1793.60 Commercial nitrogen optimization pilot program. (1) The
18department shall award grants from the appropriation under s. 20.115 (7) (u) to
19agricultural producers and to University of Wisconsin System institutions as
20provided under this section.
AB727,4,24 21(2) An agricultural producer may apply for and receive a grant to implement
22a project, for at least 2 growing seasons, that optimizes the application of commercial
23nitrogen. Any agricultural producer receiving a grant under this section shall
24collaborate with any University of Wisconsin System institution under sub. (3).
AB727,5,4
1(3) A University of Wisconsin System institution shall collaborate with an
2agricultural producer that applies for a grant under sub. (2) to monitor the grant
3project on-site. A collaborating institution may receive a grant to implement the
4monitoring under this subsection.
AB727,5,9 5(4) The department may not make a grant to an agricultural producer and the
6University of Wisconsin System institution collaborating with the agricultural
7producer in an amount that totals more than $50,000. No more than 20 percent of
8this total amount may be awarded to the collaborating University of Wisconsin
9System institution.
AB727,5,17 10(5) In making a grant under this section, the department shall collaborate with
11the University of Wisconsin System institution and the agricultural producer. The
12department shall also seek to provide grants to agricultural producers in different
13parts of the state and to provide grants for projects in areas that have different soil
14types or geologic characteristics. The department shall prioritize projects that are
15innovative and that are not currently funded through existing state or federal
16programs and shall prioritize agricultural producers that plan to implement projects
17for longer periods.
AB727,5,25 18(6) An agricultural producer and the University of Wisconsin System
19institution collaborating with the agricultural producer in implementing a project
20under this section may not be held civilly liable and may not be subject to any
21remedial action or other administrative or enforcement action from the department
22or the department of natural resources for any discharge of environmental pollution
23from the land involved in the project, if the actions were taken in good faith by the
24agricultural producer and the institution and conformed to the project specifications
25that were proposed to the department in an application for a grant under this section.
AB727,6,1
1(7) The department shall promulgate rules to implement this section.
AB727,7 2Section 7. 93.65 of the statutes is created to read:
AB727,6,9 393.65 Crop insurance premium rebates for planting cover crops. (1)
4From the appropriation under s. 20.115 (4) (s), the department may provide rebates
5in the amount of $5 for each acre of a cover crop planted for crop insurance premiums
6paid on those acres. In providing crop insurance premium rebates under this section,
7the department may cooperate with the risk management agency of the U.S.
8department of agriculture, and may cooperate with any related federal agency, state
9agency, or agricultural organization.
AB727,6,11 10(2) In providing crop insurance premium rebates under this section, the
11department may promulgate the following rules:
AB727,6,1312 (a) Rules determining the cover crops for which crop insurance premium
13rebates are provided under this section.
AB727,6,1514 (b) Rules establishing procedures for verifying that a cover crop is planted on
15acres for which a crop insurance premium rebate is provided under this section.
AB727,6,19 16(3) The department may not provide a crop insurance premium rebate under
17this section for the planting of a cover crop on an acre for which funding for planting
18a cover crop is available from a federal or state grant or incentive program other than
19this section, including from any of the following:
AB727,6,2120(a) The federal environmental quality incentives program under 16 USC
213839aa
to 3839-8.
AB727,6,2322(b) The federal conservation stewardship program under 16 USC 3839aa-21
23to 3839aa-25.
AB727,6,2424 (c) A producer-led watershed protection grant under s. 93.59.
AB727,6,2525 (d) The soil and water resource management program under s. 92.14.
AB727,7,3
1(4) To receive a crop insurance premium rebate under this section, a person
2shall submit an application to the department after a cover crop is planted on the
3acres for which the person applies for a crop insurance premium rebate.
AB727,7,7 4(5) The department shall award crop insurance premium rebates in the order
5that applications that are approved are received, and may not limit the number of
6acres for which a person may receive a crop insurance premium rebate under this
7section.
AB727,7,10 8(6) The department may conduct inspections to verify that recipients of a crop
9insurance premium rebate are in compliance with the provisions of this section and
10any rules promulgated under this section.
AB727,8 11Section 8 . Nonstatutory provisions.
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