The Joint Committee for Review of Administrative Rules did not request a preliminary hearing on the scope. The department did not hold a preliminary hearing on the scope.
Comparison with Rules in Adjacent States
Illinois. Illinois agricultural grant applications require information reasonably related to a determination of applicant or project feasibility. The department may request the applicant to present an oral presentation to the review committee of the project. Public notice of the availability of funding and the application due dates are published in the state newspaper and on the department’s website. The evaluation of the proposal includes: a determination the project meets the objectives; applicant demonstrates a personal commitment match; an adequate and realistic budget has been projected; and the applicant and project meets eligibility requirements. The contract specifies the following: the payment will be made on a reimbursable basis; what constitutes permissible expenditures of grant funds; the project scope and schedule; the grant amount; the conditions, timing, and manner in which the funds will be paid; terms of the agreement; and the dates for submitting progress reports and other requirements. The department has the authority to audit records related to the project. In the case of breach of contract, the department can cease payments; institute recovery of grant funds; and take any other action considered appropriate to protect the department’s interest in the project.
Iowa. Iowa agriculture grant applications require the applicant and project meet statutory requirements. The grant applications are evaluated based upon stated criteria in the request for grant proposals. The contract requirements include: identification of grant recipient; project description; total cost of the project; project completion deadline; project completion requirements as preconditions for payment; and penalties for breach of contract.
Michigan. Michigan’s administrative code does not include procedures for agriculture grants. However, the Department of Agriculture and Rural Development’s website does indicate procedures for request for grant proposals, evaluation, and contracts similar to this proposed rule.
Minnesota. Minnesota agricultural development grant application requires the following: identifiable information of applicant; name of individual authorized to negotiate and sign contracts; project description; description of qualifications of personnel who will be assigned the project; a budget showing total project costs and contributions; documentation of financial condition of the applicant and any other information reasonably related to a determination of applicant or project eligibility or project feasibility. The criteria utilized in the evaluation of the application include: whether the applicant and project are eligible and meet the contribution requirements; whether the project is feasible and likely to produce the desired objective; the degree to which the proposed project employs novel, creative and innovative ideas; the degree to which the proposed project would have a generic impact upon the sector for which it is proposed; whether the experience or capability of the applicant make it likely the project will have a successful completion; whether the proposed budget is adequate to accomplish the proposed project; the degree to which similar or related projects by this applicant or other persons have been successful or unsuccessful; whether the applicant appears able to apply generally accepted accounting principles and appears financially qualified for the project; and the applicant’s past performance as a grantee under the program, if applicable. The commissioner shall notify the applicant in writing of the approval or disapproval of the grant application. Each approved grant must be governed by a contract with the following terms specified: The total amount of the grant and the timing of grant payments; the starting and termination dates of the contract; dates for submitting progress reports; a list of the eligible costs of the project; and a statement that the grantee must inform the commissioner of any significant change in implementation of the project, and must obtain prior approval before initiating the change. If there is a breach of contract, the commissioner may modify the terms of the grant contract as necessary to assure that project objectives are met, may terminate the contract, or may seek a legal remedy in a court of competent jurisdiction. If there is misrepresentation by applicant or grantee, the commissioner do one or more of the following: reject the application, conduct an examination of the use of grant funds; modify the terms of the contract as necessary to assure that project objectives are met; terminate the grant contract; or recover grant funds through available legal remedies.
Summary of Factual Data and Analytical Methodologies
This proposed rule was developed by reviewing current practices and standards for grant proposals and evaluations, contracts, and audit procedures.
Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of Economic Impact Analysis
Small business participation in grant programs is voluntary. The current rule was reviewed to address burdensome requirements.
The rule was posted on the department’s website for economic comments for 14 days.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on Small Business
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:
