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(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
(1)
Eligible applicants.
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.
e.
The federal conservation stewardship program, as defined in 16 USC 3839aa-21 to 3839aa-25.
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.
(b)
Applicants may be asked to provide documentation to confirm applied fields were seeded to cover crops.
(c)
Cover crops may be verified via a site visit.
(3)
Applicants shall convey permission to the department or a representative from the department access to the property enrolled if necessary to verify cover crop establishment.
(4)
The department may contract with county land conservation committees to verify cover crop establishment.
ATCP 52.23 Payment
(1)
The department shall partner with USDA risk management agency to process rebates. Awarded applications will be forwarded to USDA risk management agency for processing incentives on crop insurance premium invoices.
(2)
Applicants must certify that by signing up for this program, they give the department permission to share the information provided to the USDA risk management agency for administering the benefit to the beneficiary as documented on the application.
Section 2. Effective Date. This rule takes effect upon publication in the state newspaper and shall remain in effect for 150 days, as provided in s. 227.24 (1) (c), Stats., subject to extensions under s. 227.24 (2), Stats.
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(END OF RULE TEXT)
_____________________________________________________________________________________
Dated this 12th day of July, 2022.
WISCONSIN DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION
________________________________________
By: Randy Romanski, Secretary  
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