DATCP Docket No. 13-R-16
Rules Clearinghouse No. 14-026
ORDER OF THE WISCONSIN DEPARTMENT OF AGRICULTURE,
TRADE AND CONSUMER PROTECTION
ADOPTING RULES
The Wisconsin department of agriculture, trade and consumer protection adopts the following rule to amend ATCP 161.50 (3) (f), 161.60 and 161.62 (1) (intro.) and to create ATCP 161.61 (3m) relating to the “grow Wisconsin dairy processor” grant program created under ss. 20.115 (4) (dm) and 93.40 (1) (g), Stats. ______________________________________________________________________
Analysis Prepared by the Department
of Agriculture, Trade and Consumer Protection
This proposed rule implements the “Wisconsin dairy processor” grant program created under s. 20.115 (4) (dm) and 93.40 (1) (g), Stats., by 2013 Wisconsin Act 20 (biennial budget act). Under s. 93.40 (1) (g), Stats., the Department of Agriculture, Trade and Consumer Protection (“DATCP”) is authorized to award grants and loans to dairy producers for projects designed to promote the growth of the dairy industry. The budget act created an annual appropriation in DATCP of $200,000 for each year of the biennium for grants to dairy processors. (See s. 20.115 (4) (dm), Stats.) This proposed rule does all of the following:
Authorizes DATCP to make grant awards and distribute grant funds appropriated for the “Wisconsin dairy processor” grant and loan program.
Applies the procedures and criteria that DATCP currently uses for dairy producer grants and loans funded under s. 20.115 (4) (d), Stats., to grants for dairy processors funded under s. 20.115 (4) (dm), Stats. Statutes Interpreted
Statutory Authority
Explanation of Statutory Authority
Section 93.07 (1), Stats., directs DATCP to make such regulations as are necessary for the discharge of all the powers and duties of the department. While granting the authority to make grants to dairy processors, the budget language does not specify the bases for grant determinations. The agency considers it necessary to adopt rules to establish the bases for grant determinations in order to effectuate the purposes of s. 20.114 (4) (dm) and 93.40 (1) (g), Stats. This proposed rule implements the “dairy processor” grant program. Related Rules or Statutes
There are no directly related rules or statutes, other than those cited above. DATCP rules for the “dairy processor” grant program will be incorporated in subchapter of ch. ATCP 161, Wis. Adm. Code (agricultural development and market promotion). Plain Language Analysis
The “dairy processor” grant program is designed to promote the growth of the dairy industry by providing grants to dairy processors. The biennial budget act appropriated $200,000 in grant funding for each year of the FY 2013-15 fiscal biennium. This proposed rule spells out grant procedures and criteria. Under this proposed rule, the “dairy processor” grant program will support projects proposed by dairy processors intended to expand and diversify the dairy industry.
Grant Purposes
Under this proposed rule, DATCP may award grants for projects that create, expand, diversify or promote any of the following:
New capital investment in the dairy industry.
New technologies or practices related to dairy production.
Improvement of the competitive position of the Wisconsin dairy industry.
Efficient use of farmland and other agricultural resources for dairy production.
Employment in the dairy industry.Grant Limits
Under this proposed rule, DATCP may award no more than $50,000 of grant funding to any person or entity in any state fiscal biennium. Once DATCP makes a grant award, DATCP may make the actual grant payments over an original contract term of up to 3 years.
Matching Contribution
