Rules Clearinghouse No. XX-XXX
Proposed Hearing Draft
June 29, 2016
PROPOSED ORDER
WISCONSIN DEPARTMENT OF AGRICULTURE,
TRADE AND CONSUMER PROTECTION
ADOPTING RULES
Hearing Draft
The Wisconsin Department of Agriculture, Trade and Consumer protection hereby proposes the following permanent rule to create ch. ATCP 52 relating to producer led watershed protection grants. Analysis Prepared by the Department
of Agriculture, Trade and Consumer Protection
This permanent rule implements the producer led watershed protection grants program created under s. 93.59 Stats., by 2015 Wisconsin Act 55 (Budget Act). Under s. 93.59 Stats., the Department of Agriculture, Trade and Consumer Protection (“Department”) is authorized to make grants for nonpoint source pollution abatement activities that are conducted with the assistance of producer led groups. The Budget Act determines the annual appropriation in the Department for each year of the biennium for grants to producer led watershed protection groups. This rule does all of the following:
• Defines "legal entity" for the purposes of the grant program
• Specifies the application process for a grant
• Specifies activities that may be conducted using a grant
Statutes Interpreted
Statutory Authority
Explanation of Statutory Authority
The Department has broad general authority, under s. 93.07(1), Stats., to adopt regulations to enforce laws under its jurisdiction. Under s. 93.59(4), Stats., the Department is authorized to adopt rules to define “legal entity for purposes of the grant program; specify the grant application process; and specify the activities that may be conducted using a grant. Related Rules or Statutes
There are no directly related rules or statutes, other than those cited above.
Plain Language Analysis
The producer led watershed protection grants program is designed to encourage producers to develop and use innovative approaches and/or conservation practices that reduce nonpoint source pollution within their watershed(s). The program will also work to increase producer communication and education regarding environmentally and economically effective conservation activities. The producer led watershed protection grants program will support projects proposed by producer led groups that involve voluntary nonpoint source pollution abatement activities within their watershed with the purpose of improving water quality in that watershed, as well as efforts to increase additional voluntary farm and agribusiness participation, expanding the overall breadth of the program. This rule will benefit affected businesses, including small businesses. 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.
The Department shall award no more than the amount specified in s. 93.59(5), Stats., of grant funding to any producer led group in any state fiscal year. Under s. 93.59(2), Stats., grant recipients must meet all of the listed eligibility requirements. Grant Purposes
Under this permanent rule, the Department may award grants for projects that focus on nonpoint source pollution abatement activities to improve water quality through any of the following methods:
• Startup costs associated with: work planning, mission development, goal setting, learning days to have experts discuss conservation topics, etc.
• Provide incentive payments to producers to implement conservation practices such as soil testing, cover crops, nutrient and manure management planning, no-till, buffer strips, grassed waterways, manure composting, low-disturbance manure injection, etc.
• Measure and promote economic and environmental benefits of conservation practices.
• Perform nutrient management planning, training and assessments.
• Develop innovative approaches to manure storage, stacking, or conservation equipment-sharing that increases and/or identifies economic and environmental benefits of such practices.
• Increase voluntary producer and agribusiness participation in a watershed through education and outreach activities such as hosting conferences, workshops or field days.
• Collaborate with partner(s) for on-farm research that identifies economic and environmental benefits/opportunities of utilizing various conservation practices or strategies.
• Complete cost-effective edge-of-field and in-stream water quality monitoring.
• Perform farm assessments to evaluate farm, manure, and nutrient management practices and identify solutions to resource concerns.
• Other activities deemed by the Department as consistent with the purpose of s 93.59, Stats.
Use of Grant Funds
Under this permanent 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. Eligible expenses may include:
• Development of work plans, mission development, goal setting, learning days to have experts discuss related topics, development of incentive program, etc.
• Incentive payments for conservation practices such as soil testing, cover crop seed, etc.
• Field days, workshops, conferences (facility rentals, meals, and expenses directly related to hosting the event).
• Personnel (labor) for coordinator role including expenses for salaries and wages, contract and consulting services, and mileage at allowable state rates. The maximum amount for any type of labor expense is $25/hour.
• Mailings, creation of marketing and outreach brochures, handouts, newsletters, factsheets, etc.
• Materials and supplies directly associated with the project.
• Incentive payments for equipment rentals of innovative technologies used/shared by all farmers within the producer-led group; for example costs for renting a low-disturbance manure injector, no-till drill, etc.
• Rental costs for equipment directly associated with research projects, if pre-approved by the project manager.
• Cost-effective edge-of-field and water quality monitoring.
• Farm assessments to identify and evaluate potential or existing resource concerns, nutrient management implementation, and other water quality practices.
• Other costs deemed by the Department to be consistent with the purpose of s. 93.59, Stats. Grant funds may not reimburse any of the following expenses:
