2019 - 2020 LEGISLATURE
January 24, 2020 - Introduced by Representatives Kitchens, Shankland, Tranel,
Krug, Summerfield, Novak, Kurtz, Pope, Hebl, Felzkowski, Anderson,
Ballweg, Cabrera, Considine, Dittrich, Doyle, Edming, Emerson,
Gruszynski, Horlacher, Kolste, Kulp, Loudenbeck, Magnafici, Milroy,
Mursau, Neubauer, Ohnstad, Oldenburg, Petryk, Plumer, Quinn, Sinicki,
Skowronski, Sortwell, Spreitzer, Steffen, Stubbs, Subeck, Swearingen, C.
Taylor, Vining, Vruwink, Zamarripa, Zimmerman, Billings, Tusler, Born and
Spiros, cosponsored by Senators Cowles and Petrowski. Referred to
Committee on Agriculture.
AB796,1,5
1An Act to create 20.115 (7) (cm) and 93.60 of the statutes;
relating to: creating
2a pilot grant program for farmers to reduce nitrate loading, funding research
3for nitrate loading reduction methods, extending the time limit for emergency
4rule procedures, providing an exemption from emergency rule procedures,
5granting rule-making authority, and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Agriculture, Trade and Consumer
Protection to create a nitrogen optimization pilot program, under which DATCP
awards grants to farmers to implement a project, for at least two growing seasons,
that reduces nitrate loading or that uses nitrogen at an optimal rate while protecting
water quality, for example by reducing nitrogen application despite a decrease in
crop yield, by growing a crop that requires less nitrogen or that is nitrogen fixing, or
by expanding or conserving wetlands. Under the bill, a farmer may not receive more
than $50,000. The farmer must collaborate with the College of Agricultural and Life
Sciences at the University of Wisconsin-Madison, the Center for Watershed Science
and Education at the University of Wisconsin-Stevens Point, and the University of
Wisconsin-Extension (collectively, the university) to adjust the grant project to meet
the university's research needs.
The bill requires the university to monitor grant projects on-site and to use
information gathered from grant projects to research nitrate loading reduction
methods, with a goal toward making recommendations to agricultural producers on
optimizing nitrogen usage while improving water quality in this state. The bill also
requires the university to prepare a report to the legislature, based on this research,
that includes information and recommendations on improving nutrient
management software programs, improving nutrient management plan adoption
and implementation rates, and improving or altering the state cost-share system,
and that includes an assessment of the cost effectiveness of different nitrogen
reduction methods and an estimate of the demand for a permanent program that is
similar to the grant program established under this bill. The university may receive
a grant for its monitoring, research, and reporting requirements under the bill. The
amount of the grant may not exceed 20 percent of the amount awarded to the farmer
for the grant project.
The bill requires DATCP to attempt to provide grants to farmers in different
parts of the state and to provide grants for projects in areas that have different soil
types or geologic characteristics. The bill requires DATCP to prioritize projects that
are innovative and that are not currently funded through existing state or federal
programs and to prioritize farmers who plan to implement projects for longer periods
of time. The bill also requires DATCP to collaborate with the farmer and the
university when awarding grants under the pilot program.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB796,1
1Section 1
. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB796,2
3Section 2
. 20.115 (7) (cm) of the statutes is created to read:
AB796,3,3
120.115
(7) (cm)
Nitrogen optimization pilot program. As a continuing
2appropriation, the amounts in the schedule for the nitrogen optimization pilot
3program under s. 93.60.
AB796,3
4Section 3
. 93.60 of the statutes is created to read:
AB796,3,9
593.60 Nitrogen optimization pilot program. (1) In this section, “eligible
6university entities” means the College of Agricultural and Life Sciences at the
7University of Wisconsin-Madison, the Center for Watershed Science and Education
8at the University of Wisconsin-Stevens Point, and the University of
9Wisconsin-Extension.
AB796,3,12
10(2) The department shall award grants from the appropriation under s. 20.115
11(7) (cm) to agricultural producers and to the eligible university entities as provided
12under this section.
AB796,3,22
13(3) An agricultural producer may apply for and receive a grant to implement
14a project, for at least 2 growing seasons, that reduces nitrate loading or that uses
15nitrogen at an optimal rate while protecting water quality, including by reducing
16nitrogen application despite a decrease in crop yield, by growing a crop that requires
17less nitrogen or that is nitrogen fixing, or by expanding or conserving wetlands. The
18department may not make a grant under this subsection to an agricultural producer
19in an amount more than $50,000. The agricultural producer receiving a grant under
20this subsection shall collaborate with the eligible university entities to adjust the
21grant project to fit the needs of the academic research conducted by the eligible
22university entities under sub. (4).
AB796,4,16
23(4) The eligible university entities shall collaborate with an agricultural
24producer that applies for a grant under sub. (3) to monitor the grant project on-site
25and to use information gathered from the project to research nitrate loading
1reduction methods with a goal toward making recommendations to agricultural
2producers to optimize nitrogen usage while improving water quality in this state.
3The eligible university entities shall prepare a report based on their research that
4includes information and recommendations on improving nutrient management
5software programs used in this state, improving nutrient management plan
6adoption and implementation rates, and improving or altering the state cost-share
7system, and that includes an assessment of the cost effectiveness of different
8nitrogen reduction methods and an estimate of the demand for a permanent program
9that is similar to the grant program established under this section. The report shall
10be submitted upon completion to the chief clerk of each house of the legislature for
11distribution to the appropriate standing committees under s. 13.172 (3). The eligible
12university entities may receive a grant to implement the monitoring, research, and
13reporting requirements under this subsection. The department may not make a
14grant to the eligible university entities for activities related to a grant project in an
15amount that exceeds 20 percent of the amount awarded to the agricultural producer
16under sub. (3) for that project.
AB796,4,24
17(5) In making a grant under this section, the department shall collaborate with
18the eligible university entities and the agricultural producer. The department shall
19also seek to provide grants to agricultural producers in different parts of the state
20and to provide grants for projects in areas that have different soil types or geologic
21characteristics. The department shall prioritize projects that are innovative and
22that are not currently funded through existing state or federal programs and shall
23prioritize agricultural producers who plan to implement projects for longer periods
24of time.
AB796,4,25
25(6) The department shall promulgate rules to implement this section.
AB796,4
1Section
4.
Nonstatutory provisions.
AB796,5,142
(1)
Emergency rules. No later than the 90th day after the effective date of this
3subsection, the department of agriculture, trade and consumer protection shall,
4using the procedure under s. 227.24, promulgate rules to implement s. 93.60.
5Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide
6evidence that promulgating a rule under this subsection as an emergency rule is
7necessary for the preservation of the public peace, health, safety, or welfare and is
8not required to provide a finding of emergency for a rule promulgated under this
9subsection. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated
10under this subsection remain in effect until July 1, 2021, or the date on which
11permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (e)
121d. and 1g., for emergency rules promulgated under this subsection, the department
13is not required to prepare a statement of scope of the rules or to submit the proposed
14rules in final draft form to the governor for approval.