DATCP Docket: 24-R-04
Clearinghouse Rule:
THE DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION’S PROPOSED ORDER TO ADOPT PERMANENT RULES
PROPOSED ORDER
The Wisconsin Department of Agriculture, Trade and Consumer Protection proposes an order to repeal ATCP 52.05 (10); to amend ATCP 52.01, 52.02, 52.02 (1), 52.02 (2), 52.03 (1), 52.03 (2) (d), 52.05 (4), 52.05 (7), 52.05 (8), 52.07 (1); repeal and recreate ATCP 52 (title); and to create subch. I, II, and III of ch. ATCP 52; relating to producer-led watershed protection grants.
_Toc20021611Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection Explanation of Agency Authority
Section 93.59 (4), Stats. directs that the Department of Agriculture, Trade and Consumer Protection, hereafter “Department”, is explicitly authorized to define “legal entity” for the purpose of administering the Producer-Led Watershed Protection Grants Program, to promulgate rules to specify the process for applying for a producer-led watershed protection grant and to specify activities that may be conducted using a producer-led watershed protection grant awarded under s. 93.59, Stats. Section 92.14 (16) (g), Stats. directs the Department to promulgate rules to implement the Commercial Nitrogen Optimization Pilot Program. Section 92.14 (17), Stats. directs that the Department is explicitly authorized to promulgate rules to determine eligibility for which crop insurance premium rebates 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
Producer-Led Watershed Protection Grants Program
The existing provisions in ch. ATCP 52 establish the Producer-Led Watershed Protection Grants Program which is designed to encourage producers to develop and use innovative approaches and conservation practices that reduce nonpoint source pollution within their watershed. The current rule identifies the purposes of the grants, what expenses the grants may and may not be used for, the grant proposals process, how the Department contracts with legal entities, and how the Department distributes grant funds. This rule will have no negative impact on businesses since it only applies to those businesses that voluntarily seek and are awarded grant funds. Grant funds should positively impact businesses that provide goods and services used in pollution abatement activities under this rule. This rule does all of the following:
•• Updates language to simplify, fix errors, and reflect current practice. •• Updates definitions to specify legal entities include certain nonprofit conservation organizations. •• Clarifies eligibility for and eligible use of grant funds which includes removal of the $25 per hour maximum cap for consulting services from rule. •• Updates the title and structure of ATCP 52 to create subchapters which incorporate the two new programs mentioned below. Commercial Nitrogen Optimization Pilot Program
_Hlk147737600The 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 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 commercial 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 commercial 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
