DATCP Docket: 22-R-03
THE DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER ROTECTION
ORDER TO ADOPT EMERGENCY RULE
ORDER
The Wisconsin Department of Agriculture, Trade and Consumer Protection hereby adopts the following emergency rule to create ss. ATCP 52.08, 52.09, 52.10, 52.11, 52.12, 52.13, and 52.14, relating to creating a commercial nitrogen optimization pilot program. The statement of scope for this rule, SS 040-22, was approved by the Governor on May 5, 2022, published in the Register No. 797A2 on May 9, 2022, and approved by the Department of Agriculture, Trade and Consumer Protection (department) on May 12, 2022. The emergency rule was approved by the Governor on June 30, 2022. Exemption from Finding of Emergency
Per 2021 Wisconsin Act 223, the Department of Agriculture Trade and Consumer Protection shall, using the procedure under s. 227.24, Stats., promulgate rules to implement s. 92.14 (16), Stats., no later than the 90th day after the effective date. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), Stats., 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 the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Analysis
This emergency rule implements the commercial nitrogen optimization pilot project program created under s. 92.14 (16). Under s. 92.14 (16), Stats., the department is authorized to make grants for commercial nitrogen optimization pilot projects conducted in collaboration with a University of Wisconsin System institute. The department submitted a s.13.10, Stats., request seeking $0 funds for SFY 2021-22 and $1.6 million in funds for the program for state fiscal year 2022-23.
Explanation of Agency Authority
Section 93.07 (1), Stats., directs the department to make such regulations as are necessary for the discharge of all the powers and duties of the department. While granting the authority to make grants to agricultural producers and to the University of Wisconsin System (UWS) institutions as provided under this subsection, the budget language does not specify the bases for grant determinations. The agency considers it necessary to adopt rules to establish the bases for grant determinations in order to effectuate the purposes of s. 92.14 (16), Stats. This temporary emergency rule implements the commercial nitrogen optimization pilot program on an interim basis, pending the adoption of permanent rules. Related Statutes and Rules
There are no directly related rules or statutes, other than those cited above. The department rules for the commercial nitrogen optimization pilot program will be created in ch. ATCP 52, Wis. Adm. Code (commercial nitrogen optimization pilot program). Plain Language Analysis
The commercial nitrogen optimization pilot program is designed to encourage agricultural producers to develop innovative approaches to optimize the application of commercial nitrogen. Agricultural producers will implement a project, for at least two growing seasons, to optimize the application of commercial nitrogen. The producer must collaborate with a UWS institution, which will monitor the grant project on-site. The total grant award to a producer cannot exceed $50,000. Of that amount, up to 20 percent may be awarded to the UWS institution.
Under 92.14 (16), Stats., grant recipients must meet all the following eligibility requirements to be considered for funding:
- Project must include at least two growing seasons.
- Agricultural producer will collaborate with an UWS institution for project monitoring.
- The UWS institution shall monitor the grant project on-site. No more than 20% of the grant award may be distributed to the UWS collaborator.
- Priority will be given to innovative projects not currently funded through state or federal programs.
- Priority will be given for longer-term projects.
In awarding grants, the department will consider the following parameters which include the funding priorities under s. 92.16 (16), Stats.: - Collaboration between the agricultural producer and the UWS institution.
- Geography and geology of proposed study area, with priority to projects in areas of different soil types or geologic characteristics.
- Innovative projects not currently funded by other state or federal programs.
- Duration of project, with priority for longer-term projects.
Under 92.14 (16), Stats., the department may award no more than $50,000 to any one agricultural producer.
Grant Purposes
Under this emergency rule, the department may award grants for projects that focus on commercial nitrogen optimization through:
- Reduction of nitrates in groundwater and surface water.
- Collection of data to ascertain the balance of providing the appropriate amount of nitrogen to a crop at the right time while reducing nitrogen loss to the atmosphere, groundwater or surface water.
- Installation of conservation practices to assist with nitrogen optimization coupled with monitoring runoff and testing soils.
- Optimization of commercial nitrogen use through a variety of agronomic methods and techniques.
