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.
(4) Incentive payments for equipment rentals of innovative technologies used or shared by all producers within the producer led group, including but not limited to covering costs for renting low-disturbance manure injector and no-till drill.
(5) Cost effective edge-of-field and water quality monitoring and soil testing.
(6) Farm walkovers to identify and evaluate potential or existing resource concerns, nutrient management implementation and other water quality practices.
ATCP 52.06 Prohibited uses of grant funds. Grant funds may not be used for any of the following:
(1) Real estate purchases.
(2) Repayment of loans or mortgages.
(3) Rent or contract payments for time periods extending beyond the term of the grant contract.
(4) Equipment purchases.
(5) Administrative or overhead costs that are not direct costs of the grant project.
ATCP 52.07 Grant contracts.
(1) Contract required. A successful grant applicant shall enter into a contract with the department before any grant money is distributed to the applicant. No funding commitment is final until the contract is executed.
(2) Contract provisions. A grant contract shall be reasonably designed to ensure that the grant recipient carries out the recipient's obligations with respect to the grant. The contract shall be signed by an authorized department official and by the applicant. The parties may amend the contract by mutual written consent.
(3) Breach of contract. The department may void a contract and seek return of any funds released under the contract for failure by the award recipient to perform the recipient's obligations under the contract.
(4) Reporting. Every contract shall set forth a schedule of progress reports and payments. A grant recipient shall provide the department with a final progress report. Reimbursement payments shall be conditioned upon the receipt of reimbursement requests, and reports, as provided in the contract.
Effective date and duration: This emergency rule takes effect upon publication and remains in effect for 150 days. The department may seek to extend this emergency rule as provided in s. 227.24, Stats.
