P.O. Box 8911
Madison, WI 53708-8911
(608) 224-6338
Place Where Comments are to Be Submitted and Deadline for Submission:
Comments must be received on or before November 23, 2024, to be included in the record of rule-making proceedings. Submit comments:
By mail to:
Alex Elias
Division of Agriculture Resource Management
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
By email to:
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RULE TEXT
Section 1. ATCP 52.08, 52.09, 52.10, 52.11, 52.12, 52.13, and 52.14 are created to read:
Subchapter I – Commercial Nitrogen Optimization Pilot Program
ATCP 52.08 Purpose. This subchapter implements the commercial nitrogen optimization pilot program created under s. 92.14 (16), Stats. ATCP 52.09 Definitions. In this subchapter:
(1)
“Agricultural producer” means an individual farmer or a group of farmers each of whom operates an eligible farm. Agricultural producers may collaborate with a legal entity for project management purposes, including completing the application. (2)
“Applicant” means a person or persons who submits an application.(3)
“Commercial Fertilizer” means any substance that contains one or more plant nutrients, is used for its plant nutrient content, and is designed for use or claimed to have value in promoting plant growth. “Commercial Fertilizer” includes agricultural and nonagricultural fertilizers, fertilizer materials, mixed fertilizers, custom mixed fertilizers, and combination products containing fertilizer. “Commercial Fertilizer” does not include unmanipulated animal or vegetable manure, marl, liming material, wood ashes, or sewage sludge other than finished sewage sludge products.(4)
“Department” means the state of Wisconsin department of agriculture, trade and consumer protection.(5) “Eligible farm” means a farm, as defined in s. 91.01(13), Stats., which produced at least $6,000 in gross farm revenues during the taxable year preceding the year in which an application is filed requesting the department fund a nitrogen optimization pilot program grant or a total of at least $18,000 in gross farm revenues during the 3 taxable years preceding the year in which an application is filed. (6) “Nitrogen optimization” means a project with the potential to use nitrogen in a manner that will sustain soil fertility and crop production while reducing nitrogen loss to the atmosphere, groundwater and surface water.
(7) “Grant recipient” means any person(s) or their authorized agent who has been awarded a grant.
ATCP 52.10 Application requirements and procedures.
(1)
Request for Proposals. The department shall issue at least one request for proposals in each fiscal biennium for which funding is available. The request for proposals shall describe the required form and content of grant proposals and shall specify a deadline for submitting grant proposals. Applicants must submit grant proposals to the department in the manner prescribed by the department’s request for proposals. The department shall publish the request for proposals on its webpage. The department shall also issue a press release announcing its request for proposals to news media likely to give notice to the public. The department shall announce grant awards within 45 days of the deadline for submitting grant proposals. (2)
Criteria. The department shall consider any of the following when evaluating grant proposals and making grant awards:(a) How the project will address commercial nitrogen optimization.
(b) Location of the project to assure awards are distributed across the state.
(c) The proposed length and scale of the project.
(d) The innovative approaches to commercial nitrogen optimization being studied in the project.
(e) Whether the proposal complies with the department’s request for proposals.
(f) Whether the proposed project meets the standards prescribed in this emergency rule.
(g) The viability of the proposed project.
(h) The management and technical qualifications of the grant recipient.
(i) The ability of the University of Wisconsin System institution to collaborate with the grant recipient.
(j) The adequacy of the project plan and budget.
(k) Whether the grant proposal and budget adequately identifies the nature of project expenses to be reimbursed under the proposed grant.
ATCP 52.11 Grant Activities. The department may award grants for projects undertaken by agricultural producers that are designed to do any of the following:
(1)
Reduce nitrates in groundwater and surface water.(2)
Collect data to ascertain the balance of the appropriate amount of nitrogen to a crop at the right time while reducing nitrogen loss to the atmosphere, groundwater or surface water.(3)
Install conservation practices to assist with nitrogen optimization coupled with monitoring runoff and testing soils.(4)
Optimize commercial nitrogen use via agronomic methods and techniques.ATCP 52.12 Permitted Use of Grant Funds. Permitted uses for grant funds include the following:
(1)
Personnel for coordinator role, including expenses for salaries and wages, contract and consulting services, and travel.(2)
Incentive or stipend payments to agricultural producers who participate in nitrogen optimization field study.(3)
Water quality monitoring.(5)
Project monitoring support to University of Wisconsin System institutions.(6)
Rent payments for equipment necessary to implement practices.(7)
Equipment purchases necessary for project implementation. Equipment purchases over $2,500 must have department pre-approval.(8)
Other materials and services required to implement practices, including, but not limited to, agronomy services including custom application, nutrient management planning and cover crop seed. ATCP 52.13 Project Monitoring Support. The department shall enter into a contract with a University of Wisconsin System institution, as defined in s. 118.55 (10) (a) 2., Stats., or institutions for project monitoring support. The contract may not exceed twenty percent of the total grant program appropriation. ATCP 52.14 Grant Contracts.
(1)
Contract required. A successful grant applicant shall enter into a contract with the department before any grant money is distributed to the applicant. No funding commitment is final until the contract is executed. (2)
Contract provisions. A grant contract shall be reasonably designed to ensure that the grant recipient carries out the recipient's obligations with respect to the grant. The contract shall be signed by an authorized department official and by the applicant. The parties may amend the contract by mutual written consent. (3)
Breach of contract. The department may void a contract and seek return of any funds released under the contract for failure by the grant recipient to perform the recipient’s obligations under the contract. (4)
Reporting. Every contract shall set forth a schedule of progress reports and payments. A grant recipient shall provide the department reports annually and a final report. The final report may be substituted for the annual report in the final project year. Reimbursement payments shall be conditioned upon the receipt of reimbursement requests, related documents and reports, as provided in the contract. Section 2. Effective Date. This rule takes effect upon publication in the state newspaper and shall remain in effect for 150 days, as provided in s. 227.24 (1) (c), Stats., subject to extensions under s. 227.24 (2), Stats. _____________________________________________________________________________________
(END OF RULE TEXT)
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Dated this 4th day of October, 2024.
WISCONSIN DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION
________________________________________ By: Randy Romanski, Secretary
