DATCP Docket: 23-R-01
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 069-23, 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 (department) on September 21, 2023. The emergency rule was approved by the Governor on November 2, 2023. Exemption from Finding of Emergency
Wisconsin statute s. 92.14 (16), Stats. authorizes the Department of Agriculture, Trade, and Consumer Protection (“department”) to award grants as part of the commercial nitrogen optimization pilot program. Under 92.14 (16) (g), Stats., the department shall, using the procedure under s. 227.24, Stats., promulgate rules to implement s. 92.14 (16), Stats. An administrative rule is needed in order to administer this program and award grants from the appropriation in 20.115(7) (qf), Stats. for this program in Fiscal Year 2023-2024. 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. Under 20.115(7) (qf), Stats. the legislature has appropriated $1 million for this program in Fiscal Year 2023-2024.
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 and collaborating UWS institution cannot exceed $50,000. Up to 20 percent of the total amount awarded to all grant applicants 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.
Under 92.14 (16), Stats., the department may award no more than $50,000 to any one agricultural producer and collaborating UWS institution.
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.
Use of Grant Funds
Under this emergency rule, grant funds may be used to reimburse expenses that are determined by the department to be a reasonable and necessary part of the grant project. Applicants will not be required to provide any match for grant resources. Eligible expenses include, but are not limited to:
— Personnel for coordinator role, including expense for salaries and wages, contract and consulting services, and travel.
— Incentive or stipend payments for landowners who participate in full-scale commercial nitrogen optimization field study.
— Water quality monitoring and soil testing in collaboration with a UWS institution.
— Agronomy services, including custom application and nutrient management planning.
— Equipment rental for project implementation.
