Minnesota – Minnesota does not offer a similar program
Summary of Factual Data and Analytical Methodologies
The department worked with representatives of the agriculture industry, staff from neighboring state agencies, and collaborators to develop this emergency rule.
Analysis and Supporting Documents used to Determine Effect on Small Business or in Preparation of an Economic Impact Analysis
This emergency rule will have a fiscal impact on the department’s operations. Under this emergency rule, the department may provide rebates in the amount of $5 for each acre of a cover crop planted for crop insurance premiums paid on those acres. Department staff will review applications, process data, and work with USDA-RMA to ensure successful payments. Additionally, the department needs to conduct inspections to verify that recipients of a crop insurance premium rebate are in compliance with the program requirements.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on Small Business
This emergency rule will have no adverse effect on small businesses. The Program is voluntary and thus imposes no cost on businesses. By providing cover crop rebates to agricultural producers, the Program will benefit agricultural producers, other agricultural businesses, and communities that participate in the program. Rebate recipients will benefit directly, while others will benefit indirectly from the creation of a stronger agricultural industry and improved water quality. The department plans to use procedures that will make the cost of applying insignificant.
The Department’s Regulatory Review Coordinator may be contacted by:
Telephone at (608) 224-5024
The Regulatory Flexibility Analysis is attached.
Department Contact Person
Alex Elias
Division of Agricultural Resource Management
Department of Agriculture, Trade and Consumer Protection
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 August 22, 2022 to be included in the record of rule-making proceedings. Submit comments:
By mail to:
Alex Elias
Division of Agricultural Resource Management
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
_____________________________________________________________________________________
RULE TEXT
Section 1. ATCP 52.17, 52.18, 52.19, 52.20, 52.21 and 52.22 are created to read:
Subchapter II – Crop Insurance Premium Rebate for Planting Cover Crops Program
ATCP 52.17 Purpose. The purpose of this subchapter is to implement the crop insurance premium rebate for planting cover crops program created under s. 92.14 (17), Stats. ATCP 52.18 Definitions. In this subchapter:
(1)
“Applicant” means the insurant that submits an application for a rebate under this subchapter.(2)
“Cover crop” means a cropland cover of grass, legume, or other forb planted for seasonal vegetative cover, as defined in s. ATCP 50.68 (4) (a).(3)
“Department" means the state of Wisconsin department of agriculture, trade and consumer protection.(4)
“Insurant” means the individual who has the crop insurance policy.(5)
“Proxy applicant” means a crop consultant who sells seed who may submit an application on behalf of their client. ATCP 52.19 Application requirements and procedures.
(1)
The department will open at least one application period in each fiscal biennium if funding is available. The application instructions shall describe the required form and content of rebate applications and a deadline for submitting applications, as well as any restrictions or limitations on how the rebate funding may be spent. The department shall publish the application instructions and application form on its webpage. The department shall also issue a press release announcing the application period to news media likely to give notice to the public.(2)
The department shall accept applications until the application deadline. If applications exceed available funding, applications will be evaluated on the following criteria:a.
The timing of the application.b.
Whether cover crops have been planted previously. c.
Whether the acres have received a rebate previously. d.
The number of acres for which a rebate was requested.(3)
An eligible applicant, as defined under s. ATCP 52.20 (1) may apply for a rebate under this subchapter.(4)
The department shall evaluate completed applications to determine which applicants will receive rebates.(5)
Awarded applications will be forwarded to the USDA risk management agency for processing.ATCP 52.20 Eligibility
a.
Any individual insurant, or their proxy applicant, holding crop insurance may apply for the rebate. b.
Any land planted with cover crops not ineligible under sub (2) is eligible for the rebate. c.
No field may receive more than one rebate per calendar year.(2)
Ineligible acres. The department may not provide a crop insurance premium rebate under this subsection for the planting of a cover crop on an acre for which funding for planting a cover crop is provided from a federal or state grant or incentive including from any of the following:d.
The federal environmental quality incentives program, as defined in 16 USC 3839aa to 3839-8.f.
A producer-led watershed protection grant, as defined in s. 93.59, Stats.g.
A basic allocation to counties grant, as defined in s. 92.14 (3), Stats.h.
A lake management planning grant, as defined in s. 281.68, Stats.i.
A lake management grant, as defined in s. 281.69, Stats.j.
A river protection grant, as defined in s. 281.70, Stats.(3)
The applicant is responsible for self-certifying that acres enrolled in this program are not enrolled in any of the programs listed in s. ATCP 52.20 (2).ATCP 52.21 Rebate activities. The department may award a $5 insurance rebate for acres of cover crops installed outside of state and federal program incentives listed in s. ATCP 52.20 (2). ATCP 52.22 Verification.
(1)
The department may reserve up to 10 percent of the total rebate fund for verification processes.(2)
The department may verify acres in cover crops applied for through this program. (a)
Applications may be reviewed for overlap of enrollment in other federal and state programs.
