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SB677-SSA1,1,5 1An Act to create 36.25 (6) (f), 92.14 (16) and 92.14 (17) of the statutes; relating
2to:
creating a commercial nitrogen optimization pilot program, providing crop
3insurance rebates for cover crops, creating a hydrogeologist position, providing
4an exemption from emergency rule procedures, and granting rule-making
5authority.
Analysis by the Legislative Reference Bureau
This bill creates a commercial nitrogen optimization pilot program, provides
crop insurance premium rebates for planting cover crops, and creates a new
hydrogeologist position at the University of Wisconsin-Madison Division of
Extension.
Commercial nitrogen optimization pilot program
The bill requires the Department of Agriculture, Trade and Consumer
Protection to create a commercial nitrogen optimization pilot program, under which
DATCP awards grants to farmers to implement a project, for at least two growing
seasons, that optimizes the application of commercial nitrogen. The farmer must
collaborate with a University of Wisconsin System institution to monitor grant
projects on-site. The institution may receive a grant for its monitoring requirements
under the bill.

Under the bill, a grant to a farmer and the eligible university entity
collaborating with the farmer may not exceed, in total, $50,000. No more than 20
percent of this total amount may be awarded to the collaborating university entity.
The bill requires DATCP to attempt to provide grants to farmers in different
parts of the state and to provide grants for projects in areas that have different soil
types or geologic characteristics. The bill requires DATCP to prioritize projects that
are innovative and that are not currently funded through existing state or federal
programs and to prioritize farmers who plan to implement projects for longer
periods. The bill also requires DATCP to collaborate with the farmer and the
university when awarding grants under the pilot program.
Under the bill, a farmer and the university collaborating with the farmer are
immune from civil liability and may not be subject to any remedial action or other
administrative or enforcement action from DATCP or the Department of Natural
Resources for any discharge of environmental pollution from the land involved in the
project, if the actions were taken in good faith and conformed to the project
specifications that were proposed in an application for a grant under the program.
The bill requires DATCP to request that the Joint Committee on Finance
provide supplemental funding from the segregated environmental fund for the
purpose of making these grants.
Cover crop insurance premium rebates
In addition, the bill authorizes DATCP to cooperate with the Risk Management
Agency of the U.S. Department of Agriculture to provide rebates in the amount of $5
per acre of a cover crop planted for crop insurance premiums paid for those acres.
Under the bill, DATCP determines the cover crops for which crop insurance premium
rebates are provided, and a person must plant cover crops before submitting an
application to DATCP for a crop insurance premium rebate. Also, under the bill, a
crop insurance premium rebate may not be provided for the planting of a cover crop
on an acre for which funding for planting a cover crop is available from a
producer-led watershed protection grant a lake management planning grant, a lake
management grant, a river protection grant, the soil and water resource
management program, the federal Environmental Quality Incentives Program, or
the federal Conservation Stewardship Program.
The bill requires DATCP to request that JCF provide supplemental funding
from the segregated environmental fund for the purpose of providing these rebates.
Hydrogeologist position
Finally, the bill requires the Board of Regents of the University of Wisconsin
System to create a three-year project position for one full-time hydrogeologist for the
geological and natural history survey, which is part of the Division of Extension of
UW-Madison. The position must focus on developing groundwater resource
information primarily at county or local scales and assisting state and local
governments, industries, and the public in interpreting and using the information.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB677-SSA1,1
1Section 1. 36.25 (6) (f) of the statutes is created to read:
SB677-SSA1,3,72 36.25 (6) (f) The Board of Regents shall create one full-time hydrogeologist
3project position, which shall expire on June 30, 2025, for the geological and natural
4history survey to be funded from the appropriation under s. 20.285 (1) (a). The
5position shall focus on developing groundwater resource information primarily at
6county or local scales and assisting state and local governments, industries, and the
7public in interpreting and using this information.
SB677-SSA1,2 8Section 2. 92.14 (16) of the statutes is created to read:
SB677-SSA1,3,129 92.14 (16) Commercial nitrogen optimization pilot program. (a) In addition
10to any grants provided under sub. (3), the department shall award grants from the
11appropriation under s. 20.115 (7) (qf) to agricultural producers and to University of
12Wisconsin System institutions as provided under this subsection.
SB677-SSA1,3,1613 (b) An agricultural producer may apply for and receive a grant to implement
14a project, for at least 2 growing seasons, that optimizes the application of commercial
15nitrogen. Any agricultural producer receiving a grant under this subsection shall
16collaborate with any University of Wisconsin System institution under par. (c).
SB677-SSA1,3,2017 (c) A University of Wisconsin System institution shall collaborate with an
18agricultural producer that applies for a grant under par. (b) to monitor the grant
19project on-site. A collaborating institution may receive a grant to implement the
20monitoring under this paragraph.
SB677-SSA1,3,2521 (d) The department may not make a grant to an agricultural producer and the
22University of Wisconsin System institution collaborating with the agricultural
23producer in an amount that totals more than $50,000. No more than 20 percent of
24this total amount may be awarded to the collaborating University of Wisconsin
25System institution.
SB677-SSA1,4,8
1(e) In making a grant under this subsection, the department shall collaborate
2with the University of Wisconsin System institution and the agricultural producer.
3The department shall also seek to provide grants to agricultural producers in
4different parts of the state and to provide grants for projects in areas that have
5different soil types or geologic characteristics. The department shall prioritize
6projects that are innovative and that are not currently funded through existing state
7or federal programs and shall prioritize agricultural producers that plan to
8implement projects for longer periods.
SB677-SSA1,4,179 (f) An agricultural producer and the University of Wisconsin System
10institution collaborating with the agricultural producer in implementing a project
11under this subsection may not be held civilly liable and may not be subject to any
12remedial action or other administrative or enforcement action from the department
13or the department of natural resources for any discharge of environmental pollution
14from the land involved in the project, if the actions were taken in good faith by the
15agricultural producer and the institution and conformed to the project specifications
16that were proposed to the department in an application for a grant under this
17subsection.
SB677-SSA1,4,1818 (g) The department shall promulgate rules to implement this subsection.
SB677-SSA1,3 19Section 3. 92.14 (17) of the statutes is created to read:
SB677-SSA1,5,220 92.14 (17) Crop insurance premium rebates for planting cover crops. (a)
21From the appropriation under s. 20.115 (7) (qf), the department may provide rebates
22in the amount of $5 for each acre of a cover crop planted for crop insurance premiums
23paid on those acres. In providing crop insurance premium rebates under this
24subsection, the department may cooperate with the risk management agency of the

1U.S. department of agriculture, and may cooperate with any related federal agency,
2state agency, or agricultural organization.
SB677-SSA1,5,43 (b) In providing crop insurance premium rebates under this subsection, the
4department may promulgate the following rules:
SB677-SSA1,5,65 1. Rules determining the cover crops for which crop insurance premium rebates
6are provided under this subsection.
SB677-SSA1,5,87 2. Rules establishing procedures for verifying that a cover crop is planted on
8acres for which a crop insurance premium rebate is provided under this subsection.
SB677-SSA1,5,129 3. Rules determining the maximum amount of acres for which an applicant
10may receive funding in a year, except that the department may impose such a
11maximum only in years in which the total amount of funding requested by eligible
12applicants exceeds the total funding available.
SB677-SSA1,5,1413 4. Rules establishing the application and award process, including the
14application deadline and grant award schedule.
SB677-SSA1,5,1815 (c) The department may not provide a crop insurance premium rebate under
16this subsection for the planting of a cover crop on an acre for which funding for
17planting a cover crop is provided from a federal or state grant or incentive program
18other than this subsection, including from any of the following:
SB677-SSA1,5,20191. The federal environmental quality incentives program under 16 USC 3839aa
20to 3839-8.
SB677-SSA1,5,22212. The federal conservation stewardship program under 16 USC 3839aa-21 to
223839aa-25.
SB677-SSA1,5,2323 3. A producer-led watershed protection grant under s. 93.59.
SB677-SSA1,5,2424 4. A grant provided under sub. (3).
SB677-SSA1,5,2525 5. A lake management planning grant under s. 281.68.
SB677-SSA1,6,1
16. A lake management grant under s. 281.69.
SB677-SSA1,6,22 7. A river protection grant under s. 281.70.
SB677-SSA1,6,63 (d) To receive a crop insurance premium rebate under this subsection, a person
4shall submit an application to the department, under the process established by the
5department by rule, after a cover crop is planted on the acres for which the person
6applies for a crop insurance premium rebate.
SB677-SSA1,6,97 (e) The department may conduct inspections to verify that recipients of a crop
8insurance premium rebate are in compliance with the provisions of this subsection
9and any rules promulgated under this subsection.
SB677-SSA1,4 10Section 4. Nonstatutory provisions.
SB677-SSA1,6,1911 (1) Supplemental funding request; department of agriculture, trade and
12consumer protection.
In the 2021-22 and 2022-23 fiscal years, the department of
13agriculture, trade and consumer protection shall request under s. 13.101 (3) that the
14joint committee on finance supplement the appropriation under s. 20.115 (7) (qf) with
15sufficient funds from the environmental fund for the purpose of providing grants for
16commercial nitrogen optimization under s. 92.14 (16) and grants for cover crop
17insurance premium rebates under s. 92.14 (17). The committee may supplement
18that appropriation for that purpose without finding that an emergency exists under
19s. 13.101 (3) (a) 1.
SB677-SSA1,7,220 (2) Emergency rules; commercial nitrogen optimization pilot program. No
21later than the 90th day after the effective date of this subsection, the department of
22agriculture, trade and consumer protection shall, using the procedure under s.
23227.24, promulgate rules to implement s. 92.14 (16). Notwithstanding s. 227.24 (1)
24(a), (2) (b), and (3), the department is not required to provide evidence that
25promulgating a rule under this subsection as an emergency rule is necessary for the

1preservation of the public peace, health, safety, or welfare and is not required to
2provide a finding of emergency for a rule promulgated under this subsection.
SB677-SSA1,7,93 (3) Emergency rules; crop insurance premium rebates. The department of
4agriculture, trade and consumer protection shall, using the procedure under s.
5227.24, promulgate rules to implement s. 92.14 (17). Notwithstanding s. 227.24 (1)
6(a), (2) (b), and (3), the department is not required to provide evidence that
7promulgating a rule under this subsection as an emergency rule is necessary for the
8preservation of the public peace, health, safety, or welfare and is not required to
9provide a finding of emergency for a rule promulgated under this subsection.
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