DATCP Docket: 23-R-02
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 52.17, 52.18, 52.19, 52.20, 52.21, 52.22, and 52.23, relating to providing crop insurance rebates for cover crops.
The statement of scope for this rule, SS 070-23, was approved by the Governor on September 7, 2023, published in the Register No. 813A3 on September 18, 2023, and approved by the Department of Agriculture, Trade and Consumer Protection on September 21, 2023. The emergency rule was approved by the Governor on November 2, 2023. Finding of Emergency
Wisconsin statute s. 92.14 (17), Stats. authorizes that the Department of Agriculture, Trade and Consumer Protection (“department”) may provide crop insurance premium rebates for planting cover crops. Under s. 92.14 (17) (b), Stats., the department may, using the procedure s. 227.24, Stats., promulgate rules to implement s. 92.14 (17), Stats. An administrative rule is needed in order to administer this program and provide rebates from the appropriation in 20.115(7) (qf), Stats. for this program in Fiscal Year 2023-2024. Analysis
This emergency rule implements the crop insurance premium rebates for planting cover crop program created under s. 92.14 (17) Stats. Under s. 92.14 (17) Stats., the Department of Agriculture, Trade and Consumer Protection (department) is authorized to provide rebates in the amount of $5 for each acre of a cover crop planted for crop insurance premiums paid on those acres. Under 20.115(7) (qf), Stats. the legislature has appropriated $800,000 for this program in Fiscal Year 2023-2024.
Explanation of Agency Authority
Section 92.14 (17), Stats., directs that the department is explicitly authorized to: promulgate rules to determine eligibility for which crop insurance premiums are provided for planting cover crops; establishing procedures for verifying that a cover crop is planted on acres for which a crop insurance premium rebate is provided; determining the maximum amount of acres for which an applicant may receive funding in a year; and establishing the application and award process, including the application deadline and grant award schedule. Related Statutes and Rules
There are no other directly related rules or statutes, other than those cited above.
Plain Language Analysis
The Cover Crop Insurance Rebate Program is offered for acres of cover crops installed outside of state and federal program incentives (e.g., EQIP, CSP and state cost share). Interested participants may enroll acres planted to cover crops in the fall which will be planted to an insurable crop in the following growing season. Eligible applicants will receive a $5 per acre insurance premium discount on the following year's crop insurance invoice for every acre of cover crop enrolled and verified in the program. Applications will be due to the department in January and must be completed in full for eligibility.
Application requirements include applicant contact information, current USDA Farm Service Agency form FSA-578 with verified cover crop acres, crop insurance policy number(s), acres of cover crops seeded to each field, farm, tract, common land unit (CLU)/Field #, and legal description of fields/acres seeded to cover crops.
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 from any of the following:
3. A producer-led watershed protection grant under [s. 93.59, Stats.] 4. The Soil and Water Resource Management Program [s. 92.14 (3) Stats.] 5. A lake management planning grant under [s. 281.68, Stats.] 6. A lake management grant under [s. 281.69, Stats.] 7. A river protection grant under [s. 281.70, Stats.] Applicants will self-certify that the land they are enrolling in the rebate program has not received funding from any of the above sources.
Rebates will be funded on a first come, first served basis. If requests exceed available funding, the department may prioritize rebates based on the timing of the application, whether this is the first time a cover crop has been planted on the field, whether the acres have received a rebate previously, and the number of acres for which a rebate is requested. The department may place a limit on how many acres can be awarded the rebate from each application.
The department will verify applications and respective acreage. The department may contact applicants for additional clarifying information. Applicants must maintain documentation on cover crops that have been seeded (e.g., seed bills) and follow seed recommendations related to seeding dates, appropriate seeding rates and seed mixes to ensure objectives of the cover crop are being met. To ensure the practice achieves the desired results, no full width tillage/termination of the cover crop in the fall is allowed. Management/termination of the cover crops must be done in the spring in accordance with the USDA Natural Resources Conservation Service Cover Crop Termination Guidelines and Conservation Practice Standard 340. This guidance not only informs proper management of cover crops but must also be followed to maintain eligibility for federal crop insurance.
Only acres in cover crops (absent other state or federally-incentivized cover crops) will be eligible for the premium discount. Confirmed applications will be forwarded to USDA-Risk Management Agency (RMA) for processing premium discounts on crop insurance premium invoices. Applicants must certify that by signing up for this program, they give the department permission to share the information provided to the USDA-RMA for administering the benefit to the beneficiary as documented on the application. Applicants also convey permission to the department or county representative(s) access to the property enrolled, if necessary, to verify cover crop establishment.
Rebate Awards
Under this emergency rule, the department must evaluate rebate applications. If the total amount of funding requested is below total funding available, all complete applications will be funded. If the total amount of funding requested by eligible applicants exceeds the total funding available, the department will evaluate the applications on the following criteria:
- The timing of the application.
