Under this emergency rule, the department must evaluate rebate applications. If the total amount of funding requested is below total funding available, all complete applications will be funded. If the total amount of funding requested by eligible applicants exceeds the total funding available, the department will evaluate the applications on the following criteria:
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The timing of the application.-
Whether this is the first time a cover crop has been planted on the field.-
Whether the acres have received a rebate previously.-
The number of acres for which a rebate is requested.Summary of, and Comparison with, Existing or Proposed
Federal Statutes and Regulations
The Pandemic Cover Crop Program (PCCP) is a program established by USDA to help producers maintain their cover crop systems amid a financially challenging time because of the COVID-19 pandemic. PCCP is part of USDA’s Pandemic Assistance for Producers initiative, through which USDA is establishing programs and efforts to bring financial assistance to farmers, ranchers, and producers who felt the impact of COVID-19 market disruptions.
PCCP provides premium support to eligible producers who insured their spring crop with most insurance policies and planted on acreage where a qualifying cover crop was planted after June 15, 2021, of the 2021 crop year, or during the 2022 crop year. The premium support is up to $5 per acre, but no more than the full premium owed.
Funding was available for the past two years, and it is unknown how long the program will last. In 2022, Wisconsin farmers received rebates of $1,657,722 for their crop insurance. This program does not have the same restriction on providing a rebate for acres enrolled in state and federal program incentives.
If Held, Summary of Comments Received during Preliminary Comment Period
and at Public Hearing on Statement of Scope
The Joint Committee for Review of Administrative Rules did not request a preliminary hearing on the scope; thus, the department did not hold a preliminary hearing on the scope.
Comparison with Rules in Adjacent States
Illinois - The Illinois Department of Agriculture runs a Cover Crop Premium Discount Program for acres of cover crops installed outside of state and federal program incentives (e.g., EQIP, CSP and state cost share) in partnership with USDA-RMA. Interested participants may enroll acres planted to cover crops in the fall which will be planted to an insurable crop in the following growing season. Eligible applicants will receive a $5/acre insurance premium discount on the following year's crop insurance invoice for every acre of cover crop enrolled and verified in the program.
Iowa - The Iowa Department of Agriculture and Land Stewardship provides up to $5/acre for cover crops to eligible applicants. Funding will be provided through USDA-RMA as an additional insurance premium discount through normal crop insurance processes. The premium reduction will be available for fall-planted cover crops with a spring-planted cash crop. The program is offered for acres of cover crops installed outside of state/federal program incentives (WQI, IFIP, state cost share, EQIP, CSP, etc.). Participating farmers must follow all existing good farming practices required by their policy and work with their insurance agent to maintain eligibility.
Michigan – Michigan does not offer a similar program
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
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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.
