Grant Contracts
Under this emergency rule, the Department must enter into a contract with a legal entity before distributing funds. 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.
Fiscal Impact
This emergency rule will have a fiscal impact on the Department’s operations. Under this emergency rule, the Department must issue at least one request for grant proposals in each state fiscal biennium. 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.
Program administration will occupy at least 0.25 FTE staff in the Department’s Division of Agricultural Resource Management (this does not include legal, managerial, the Department’s central accounting, or other indirect staff support). The cost for the 0.25 FTE staff will be $35,000 per year, including salary, fringe benefits, and support costs.
Analysis and Supporting Documents used to Determine Effect on Small Business
Because the program is voluntary, no significant analysis was required to determine the effect on small businesses.
Business Impact
This emergency rule will have no adverse effect on small business. The Program is voluntary and thus imposes no cost on businesses. By providing $250,000 in grant funding to agricultural producers, the Program will benefit agricultural producers, other agricultural businesses, and communities that participate in the grant program. Grant recipients will benefit directly, while others will benefit indirectly from the creation of a stronger agricultural industry and improved water quality. The Department plans to use proposal procedures that will make the cost of applying insignificant.
Federal and Surrounding State Programs
Federal Programs
There are currently no similar federal programs.
Surrounding State Programs
The Iowa Department of Agriculture funds the Hewitt Creek Watershed Group, which is a producer-led, performance-based farm and watershed management group in eastern Iowa that was formed to improve soil and water quality. The group was established in 2004 in response to the 2002 impaired waters listing of the Hickory Creek, located in the Hewitt-Hickory Creek Watershed. Funding for this project began with an Iowa Farm Bureau Federation grant and additional funding from the Iowa Department of Agriculture has helped to sustain the project.
Data and Analytical Methodologies
DATCP worked with representatives of the agriculture industry, potential producer-led groups, and collaborators to develop standards for grant determinations contained in this emergency rule.
DATCP Contact
Questions and comments related to this rule may be directed to:
Sara Walling
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4501
Rule comments will be accepted up to two weeks after the last public hearing is held on this rule. Hearing dates will be scheduled after this rule is approved by the Governor and published in the Wisconsin State Journal.
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FINDING OF EMERGENCY
A finding of emergency is not required. Section 9102 of 2015 Act 55 provides that, “Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of a the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. EMERGENCY RULE
PRODUCER LED WATERSHED PROTECTION GRANTS
ATCP 52 .01 Purpose. This chapter implements the producer led watershed protection grants program created under s 93.59, Stats.
ATCP 52.02 Definitions. As used in this rule:
(1) "Department" means the state of Wisconsin department of agriculture, trade and consumer protection.
ATCP 52.03 Application requirements and procedures.
(1) Request for proposals. The department shall issue at least one request for proposals in each fiscal biennium. The request for proposals shall describe the required form and content of grant proposals, and shall specify a deadline for submitting grant proposals. Applicants must submit grant proposals to the department, in the manner prescribed by the department’s request for proposals. The department shall publish the request for grant proposals on its webpage. The department shall also issue a press release announcing its request for proposals to news media likely to give notice to the public. The department shall announce grant awards within 45 days of the deadline for submitting grant proposals.
(2) Criteria. The department shall consider all of the following when evaluating grant proposals and making grant awards:
(a) Whether the proposed project will improve water quality within their respective watershed.
(b) The extent to which a proposed project will increase nonpoint pollution abatement activities and producer participation.
(c) Whether the proposal complies with the department’s request for proposals.
(d) Whether the proposed project meets the standards prescribed in this emergency rule.
(e) The viability of the proposed project.
(f) The management and technical qualifications of the grant applicant(s).
(g) The qualifications of the persons, collaborators and/or legal entities who will carry out the project.
(h) The financial capacity of the grant applicant to complete the project as proposed.
(i) The adequacy of the project plan and budget.
(j) Whether the grant proposal and budget adequately identifies the nature of project expenses to be reimbursed under the proposed grant.
ATCP 52.04 Grant activities. The department may award grants for projects undertaken by agricultural producers that are designed to do any of the following:
(1) Startup, work planning, mission development, goal setting, learning days to have experts discuss related topics, etc.
(2) Provide incentive payments to producers to implement conservation practices such as cover crops, nutrient and manure management planning, no-till, buffer strips, grassed waterways, manure composting, low-disturbance manure injection, etc.
(3) Measure and promote economic and environmental benefits of conservation practices
(4) Develop innovative approaches to manure storage, stacking, or conservation equipment-sharing that increases and/or identifies economic and environmental benefits of such practices
(5) Increase voluntary producer and agribusiness participation in their respective watersheds through education and outreach activities such as hosting conferences, workshops or field days
(6) Collaborate with partner(s) for on-farm research that identifies economic and environmental benefits/opportunities of utilizing various conservation practices
(7) Complete cost-effective edge-of-field and in-stream water quality monitoring and soil testing
(8) Perform farm walkovers to evaluate farm, manure, and nutrient management practices and identify solutions to resource concerns
ATCP 52.05 Permitted use of grant funds. Permitted uses for grant funds include the following:
(1) Personnel for coordinator role including expenses for salaries and wages, contract and consulting services, and travel at rates to be described in the annual request for proposals developed by the department.
(2) Incentive payments for conservation practices.
(3) Outreach and educational activities including:
(a) field days, workshops and conferences;
(b) mailings, creation of marketing brochures, handouts, factsheets, and related documents.;
(c) materials and supplies; and
(d) meals for hosted outreach events.
