This proposed rule does not have an economic impact on small business, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by:
Telephone at (608) 224-5024
The Regulatory Flexibility Analysis is attached.
Department Contact Person
Sharon Henes, Program and Policy Analyst - Advanced
Division of Agricultural Development
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
(608) 381-2808
Place Where Comments are to Be Submitted and Deadline for Submission:
Comments must be received on or before October 27, 2022 to be included in the record of rule-making proceedings. Submit comments:
By mail to:
Sharon Henes, Program and Policy Analyst - Advanced
Division of Agricultural Development
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
_____________________________________________________________________________________
TEXT OF RULE
Section 1. Chapter ATCP 161 (title) is repealed and recreated to read:
SOMETHING SPECIAL FROM WISCONSIN
Section 2. ATCP 161 Subchapters I, IV, V and VI are repealed.
Section 3. Chapter ATCP 163 is created to read: AGRICULTURAL DEVELOPMENT
ATCP 163.01 Definitions. In this chapter:
(1) “Authorized department official” means the department secretary, deputy secretary, or assistant deputy secretary.
(2) “Department” means the Wisconsin department of agriculture, trade and consumer protection.
(3) “Grants” means grants for agricultural or economic development.
Note: Grants that are administered by the Division of Agricultural Development.
(4) “Grant applicant” means a person who submits a grant proposal.
(5) “Matching funds” means the cash value of the project contributed by the grant award recipient. A matching contribution may be in the form of capital, land, labor, equipment or cash related to the grant project.
(6) “Person” means an individual, corporation, cooperative, partnership, limited liability company, trust, governmental entity, academic institution, or other legal entity.
(7) “Recipient” means a person who receives a grant.
ATCP 163.02 Grant proposals. (1) The department may at any time, issue a request for grant proposals. The department shall issue a request for grant proposals at least once during every state fiscal biennium for which grant funding is appropriated. A request for grant proposals shall include all of the following:
(a) A deadline date for submitting a grant proposal.
(b) An address for submitting a grant proposal.
(c) The name, business mailing address, business email address, and business telephone number of a department representative who can provide more information or answer questions about the request for grant proposal.
(d) The applicant criteria for grant eligibility.
(e) A description of grant objectives or eligible projects.
(f) The format and content requirements for the proposal.
(g) Other terms and conditions that the department determines to be relevant.
(2) The department shall issue a general news release announcing the request for grant proposals. The request for grant proposals shall be available on the department’s website. The department shall mail or email the request for grant proposal to any person requesting it.
ATCP 163.03 Evaluating grant proposals. (1) The department shall evaluate grant proposals submitted and shall announce its grant awards within 90 days after the deadline date specified in the request for grant proposals.
(2) In its evaluation under sub. (1), the department shall consider all of the following criteria:
(a) Whether the proposal complies with the department’s request for proposals.
(b) Whether the proposed project will meet the grant’s objectives as listed in the request for proposal.
(c) The viability of the proposed project.
(d) The adequacy of the project plan and budget.
(e) The financial capacity of the grant applicant to complete the project as proposed.
(f) The qualifications of the persons who will carry out the project as proposed.
(g) Whether the grant proposal adequately identifies the nature of project expenses to be reimbursed under the proposed grant.
(h) The grant applicant’s capacity to provide any required matching funds. The matching contribution may include grant funds from sources other than the department.
(3) A grant award shall be signed by an authorized department official. The grant award shall clearly identify the person to whom the grant is awarded, the amount awarded, and the purpose for which the grant is awarded. No funding commitment is final until a contract is executed.
ATCP 163.04 Grant Contract. (1) General. The department may not distribute any grant funds to the recipient of a grant award until the recipient enters into a grant contract with the department. The grant contact takes effect when signed by an authorized department official and the grant recipient. A grant contact may be signed by an authorized department official after the grant recipient signs the contract.
(2) Contract period. The original term of a contract is two years, but may be extended for up to one year upon request. The contract term may extend beyond the state fiscal biennium in which funds for the contract are appropriated, provided that the department encumbers those contract funds and the contract is signed in that biennium.
(3) Provisions. The grant contract shall include all of the following:
(a) Clearly identify the recipient.
(b) Clearly identify the amount of the grant.
(c) Set forth the terms and conditions of the grant including all of the following:
1. Actions required of the recipient, including contemplated uses of the grant funds.
2. Matching funds, if any, required of the recipient.
3. Expected deliverables.
4. Payment schedule and conditions, including the distribution of funds in multiple payments based on documented progress toward completion of the grant project.
5. Repayment requirements, if any.
6. Documentation, reports, and accounting required of the recipient including the frequency and format of the report and the performance measures to be included in the report.
(4) Requirements for large grants. For each grant of $100,000 or more, the contract shall include in addition to sub. (3), all of the following:
(a) A requirement that the recipient submit a verified statement accounting for the use of all grant funds received. The verified statement shall include all of the following:
1. The amount of funds received.
2. A clear itemized description showing, by expenditure category, how all received funds were spent.
3. The nature and amount of any matching funds provided by the recipient, and the recipient’s use of those matching funds.
4. Documentation of the deliverables provided by the recipient under the contract, and the dates on which the recipient provided those deliverables.
5. Signatures of an independent certified public accountant licensed or certified under ch. 442, Stats., and the director or principal officer of the recipient to attesting to the accuracy of the verified statement. (b) The timeframe in which the verified statement, in a form required by the department, shall be submitted to the department.
