Statement of Scope
Department of Agriculture Trade and Consumer Protection
Relating to: | Producer Led Watershed Protection Grants |
1. Finding/nature of emergency (Emergency Rule only):
NA
2. Detailed description of the objective of the proposed rule:
Objective No. 1 - create a commercial nitrogen optimization pilot program
The department proposes to amend ATCP 52 to create a commercial nitrogen optimization pilot program. Under the program, an agricultural producer may apply for a grant to implement a project, for at least two growing seasons, that optimizes the application of commercial nitrogen.
According to Section 92.14 (16), Wis. Stats., an agricultural producer receiving a grant must collaborate with a University of Wisconsin System (UWS) institution, which monitors the grant project on-site. The UWS institution may also receive a grant to implement that monitoring. The total grant to an agricultural producer and a collaborating UWS institution may not exceed $50,000. Of that amount, up to 20 percent may be awarded to the UWS institution. Section 92.14 (16)(e), Wis. Stats., sets forth the following program requirements for the department: (1) collaborate with the agricultural producer and the UWS institution; (2) select agricultural producers located in different parts of the state and for projects in areas that have different soil types or geologic characteristics; (3) prioritize projects that are innovative and not currently funded by other state or federal programs; and (4) prioritize agricultural producers that plan to implement projects for longer periods. The department may consider rule provisions needed to implement the above statutory requirements, such as the application and award process, the criteria that may be used to prioritize and score applications, eligible and ineligible activities and costs, and contract and reporting requirements.
Objective No. 2 - provide crop insurance rebates for cover crops
The department proposes to amend ATCP 52 to provide crop insurance rebates for cover crops. Under s.
92.14 (17), Wis. Stats., the department may provide a crop insurance premium rebate of $5 for each acre that is planted with a cover crop. The department may consider rule provisions: to establish the application and award process, to determine eligible cover crops, and to establish procedures to verify that a cover crop is planted on an acre for which a rebate is provided. The department may also consider rule provisions to determine the maximum amount of acres for which an applicant may receive funding in a year, except that the department may impose such a maximum only in years in which the total amount of funding requested by eligible applicants exceeds the total funding available.
The department may not provide a rebate for the planting of a cover crop on an acre for which funding for planting a cover crop is provided from a federal or state grant or incentive program, including any of the following:
- The federal Environmental Quality Incentives Program. [16 U.S.C. ss. 3839aa to 3839aa-8.]
- The federal Conservation Stewardship Program. [16 U.S.C. ss. 3839aa-21 to 3839aa-25.]
- A producer-led watershed protection grant. [s. 93.59, Wis. Stats.] - The Soil and Water Resource Management Program. [s. 92.14, Wis. Stats.] - A lake management planning grant. [s. 281.68, Wis. Stats.] - A lake management grant. [s. 281.69, Wis. Stats.] - A river protection grant. [s. 281.70, Wis. Stats.] The department may to verify that a recipient of a rebate is in compliance with program requirements and may consider what to do if a landowner is found not to be in compliance.
Objective No. 3 - update, simplify, and clarify existing rule provisions
Based on industry feedback, the department may assess options to update, simplify, and clarify existing rule provisions related to the producer-led watershed protection grant program. The proposed rule may seek to do the following:
- Update the language and structure of ATCP 52 to incorporate the two new programs mentioned above.
- Update language to simplify, fix errors, or reflect current practice.
- Update definitions.
- Update or clarify eligibility for and eligible use of grant funds.
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
ATCP 52 currently implements the producer led watershed protection grants program created under
s. 93.59, Wis. Stats. The proposed commercial nitrogen optimization pilot program and cover crop insurance rebates may be new programs included in the rule. 4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 92.14 (16), Wis. Stats., authorizes the commercial nitrogen optimization pilot program, including who can be awarded the grant, mandating a partnership with a UWS institution, setting a maximum grant award, and establishing additional grant management information. The statutory language is as follows: Section 92.14 (16), Wis. Stats., Commercial nitrogen optimization pilot program. (a) In addition to any grants provided under sub. (3), the department shall award grants from the appropriation under s. 20.115 (7) (qf), Wis. Stats., to agricultural producers and to University of Wisconsin System institutions as provided under this subsection. Section 92.14 (17), Wis. Stats., creates the crop insurance premiums rebate for planting cover crops. The statutory language is as follows:
