Section 1 NR 47.52 (1m) is created to read:
NR 47.52 (1m) “Disadvantaged community” means a community that experiences greater economic, social, or environmental burdens relative to the rest of the state and that is identified on a map or list produced by the department under s. NR 47.55 (1m). Section 2. NR 47.52 (2m) is created to read:
NR 47.52 (2m) “IRA” means the Inflation Reduction Act of 2022, Public Law 117-169.
Section 3. NR 47.53 (1) is amended to read:
NR 47.53 (1) An eligible applicant, described under s. NR 47.55 (1) may apply for a grant under this subchapter for the purposes specified under s. NR 47.55 (1m) and (2). Section 4. NR 47.54 (1) is amended to read:
NR 47.54 (1) A Except as provided in sub. (1m), a grant under this subchapter shall be no more than 50% of actual eligible costs except that no grant may exceed $25,000 or be less than $1000.
Section 5. NR 47.54 (1m) is created to read:
NR 47.54 (1m) An IRA-funded grant under this subchapter shall be no less than 100 percent of actual eligible costs except that no grant may exceed $500,000 or be less than $1,000.
Section 6. NR 47.55 (1m) is created to read:
NR 47.55 (1m) IRA funding and disadvantaged communities. To be eligible to receive an IRA-funded grant under this subchapter, projects shall benefit disadvantaged communities. The department shall produce a map or list that identifies disadvantaged communities using data and a methodology that is developed in consultation with the forest service. All projects that benefit Federally Recognized Tribes are eligible to receive an IRA-funded grant under this subchapter.
NR 47.58 (2) (a) NExcept as provided in par. (am), not-for-profit organizations may request an advance payment of no more than 50% of the grant upon the awarding of the grant.
Section 8. NR 47.58 (2) (am) is created to read:
NR 47.58 (2) (am) Any grantee receiving an IRA-funded grant under this subchapter may request an advance payment of no more than 50 percent of the grant upon the awarding of the grant.
NR 47.58 (2) (b) Each grantee shall submit to the department a final accounting claim for reimbursement request, supported by evidence of cost, within 90 days after the grant expiration date. In addition, grantees with IRA-funded multi-year projects shall submit to the department an annual reimbursement request on forms provided by the department, supported by evidence of cost, within 90 days after the anniversary of the grant start date if the grantee is seeking annual grant payments under par. (c).
Note: Reimbursement forms are available on the department’s website at https://dnr.wisconsin.gov/ under the topic, “Urban Forestry Grants.” NR 47.58 (2) (c) Final balance payments for not-for-profit organizations grantees that received an advance or annual grant payment, and grant payments for all other grantees, shall be made upon approval of the final report and the final accounting claim reimbursement request. For IRA-funded grants, annual grant payments shall be made upon approval of the annual reimbursement request, if one has been submitted under par. (b).
Section 11. Statement of Emergency.
The department finds that the emergency rule procedure is necessary to facilitate the immediate use of $4.875 million of federal monies that have been recently allocated to the Wisconsin Department of Natural Resources under H.R. 5376 - 117th Congress: Inflation Reduction Act (IRA) of 2022 Subtitle D, section 23003. The department was awarded these funds on August 22, 2023, and they will expire on June 30, 2028. An emergency rule would facilitate the use of this federal funding by local governments, tribal governments and not-for-profit organizations in Wisconsin to fund urban and community forestry activities that benefit disadvantaged communities through the Urban and Community Forestry Grant Program. That program currently contains restraints that prevent Wisconsin from fully utilizing federal grant monies that are now available.
Urban and community forests provide measurable health, economic, social, and environmental benefits to residents, businesses, and visitors alike. These benefits include, but are not limited to, air pollution reduction, reduced air temperatures, increased property values, social cohesion, carbon sequestration and storage, and reduced stormwater runoff volumes.
It is imperative to expand the scope of subch. V of ch. NR 47, Wis. Adm. Code, to facilitate the efficient and equitable distribution of the IRA funds to local governments, tribal governments, and not-for-profit organizations throughout Wisconsin. Section 12. Effective Date. This rule takes effect upon publication in the official state newspaper, as provided in s. 227.24(1)(c), Stats. Section 13. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on December 13, 2023.
