(See PDF for image)DATCP Docket: 24-R-02
THE DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION ORDER TO ADOPT EMERGENCY RULE
(See PDF for image)
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 planting cover crops. (See PDF for image)
The statement of scope for this rule, SS 044-24, was approved by the Governor on April 25, 2024, published in 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. Finding of Emergency
A finding of emergency is not required. 2021 Wisconsin Act 223 § 4(3) provides that the department shall, using the procedure under s. 227.24, Stats., promulgate rules to implement s. 92.14 (17), 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 crop insurance premium rebates for planting cover crops program created under s. 92.14 (17), Stats. Under s. 92.14 (17) Stats., the 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 s. 20.115(7) (qf), Stats., the legislature has appropriated $800,000 for this program in Fiscal Year 2024-2025.
Statutes Interpreted: s. 92. l 4 (17), Stats.
Statutory Authority: s. 92. l 4 (17), Stats.
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; establish procedures for verifying that a cover crop is planted on acres for which a crop insurance premium rebate is provided; determine the maximum amount of acres for which an applicant may receive funding in a year; and establish 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 crop insurance premium rebates for planting cover crops 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:
1.
The federal environmental quality incentives program under 16 USC 3839aa to 3839-8.3.
A producer-led watershed protection grant under s. 93.59, Stats.4.
The Soil and Water Resource Management Programs. 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 during that growing season.
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 per applicant.
The department will verify applications and respective acreage. The department may contact applicants for additional clarifying information. Applicants must maintain documentation on cover
(See PDF for image)crops that have been seeded (e.g., seed bills) and follow seed recommendations r lated 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 acc0rdance 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.
Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations
