DATCP Docket: 24-R-03
THE DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION
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 043-24, was approved the by Governor on April 25, 2024, published in the Register No. 821A2 on May 13, 2024, and approved by the Department of Agriculture, Trade and Consumer Protection Board on June 3, 2024. The emergency rule was approved by the Governor on October 3, 2024. Exemption from Finding of Emergency
A finding of emergency is not required. 2021 Wisconsin Act 223 § 4(2) provides that the department shall, using the procedure under s. 227.24, Stats., promulgate rules to implement s. 92.14 (16), Stats. 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), Stats. Under s. 92.14 (16), Stats., the department is authorized to award grants for commercial nitrogen optimization pilot projects conducted in collaboration with a University of Wisconsin System institution. Under s. 20.115(7) (qf), Stats., the legislature has appropriated $1 million for this program in Fiscal Year 2024–2025.
Explanation of Agency Authority
Section 92.14 (16)(g), Stats., directs the department to promulgate rules to implement the commercial nitrogen optimization pilot program. This emergency rule is needed, on an interim basis, to implement the program, pending the adoption of permanent rules. Related Statutes and Rules
There are no other related rules or statutes, other than those cited above.
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.
Section 92.14 (16), Stats., outlines the program:
Project must span at least two growing seasons.
Awarded producers will collaborate with a University of Wisconsin System (UWS) institution for project monitoring.
The UWS institution shall monitor the grant project on-site, and no more than 20% of the grant award may be distributed to the UWS collaborator.
Grant awards will not exceed $50,000.
Priority will be given to producers in different parts of the state and projects in areas that have different soil types or geologic characteristics.
Priority will be given to innovative projects not currently funded through state or federal programs.
Priority will be given to longer-term projects.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.
