AB 796 — Relating to: creating a pilot grant program for farmers to reduce nitrate loading, funding research for nitrate loading reduction methods, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, granting rule-making authority, and making an appropriation. (FE)

- 2020 LEGISLATURE LRBa0989/1LRB-4751/1 MCP:skwMCP:ahe&klm ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 796 January 28,24, 2020 - OfferedIntroduced by RepresentativeRepresentativesITCHENS, ITCHENS.HANKLAND , RANEL , K RUG, SUMMERFIELD , NOVAK, KURTZ, POPE, H EBL, FELZKOWSKI, ANDERSON , BALLWEG , C ABRERA, C ONSIDINE, D ITTRIC, D OYLE, E DMING, E MERSON , G RUSZYNSK, H ORLACHER, K OLSTE, KULP, LOUDENBECK , MAGNAFICI, MILROY, M URSAU, NEUBAUER , HNSTAD , OLDENBURG, PETRYK, PLUMER, QUINN, SINICK, SKOWRONSKI , ORTWELL , PREITZER, TEFFEN, STUBBS, UBECK, SWEARINGEN , .

AtTAYLOR, theVININ,V locationsRUWINK, indicated,AMARRIPA amend, theIMMERMAN bill,BILLING,T asUSLER,BORN follows:and SPIROS, cosponsored by Senators C OWLES and P ETROWSKI.

1.Referred to Committee on Agriculture.

PageA 3,N lineA 17:CT to create 20.115 (7) (cm) and 93.60 of the statutes;

deleterelating theto: material beginning with “The" and ending with “$50,000." on line 19.

2.creating a pilot grant program for farmers to reduce nitrate loading, funding research for nitrate loading reduction methods, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, granting rule-making authority, and making an appropriation.

PageAnalysis 4,by linethe 13: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.

deleteUnder the materialbill, beginninga withfarmer “Themay department"not andreceive endingmore withthan “that$50,000. project." on line 16.

3.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.

PageThe 4,bill linerequires 16: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 - 2020 Legislature - 2 - LRB-4751/1 MCP:ahe&klm ASSEMBLY BILL 796 optimizing nitrogen usage while improving water quality in this state.

afterThe bill also requires the university to prepare a report to the legislature, based on this research, that lineincludes insert: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.

“(4m) The departmentuniversity may notreceive make a grant tofor anits agriculturalmonitoring, producerresearch, and thereporting eligiblerequirements universityunder entities collaborating with the agriculturalbill. producer in an amount that totals more than $50,000.

NoThe moreamount thanof the grant may not exceed 20 percent of thisthe total amount may be awarded to the collaboratingfarmer eligiblefor universitythe entities.”.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:

SECTION 1.

20.005 (3) (schedule) of the statutes:

at the appropriate place, insert the following amounts for the purposes indicated:

2019-20 2020-21 20.115 Agriculture, trade and consumer protection, department of (7) AGRICULTURAL RESOURCE MANAGEMENT (cm) Nitrogen optimization pilot pro­ gram GPR C -0- 1,000,000 SECTION 2.

20.115 (7) (cm) of the statutes is created to read:

LRB-4751/1 - 2020 Legislature - 3 - MCP:ahe&klm SECTION 2 ASSEMBLY BILL 796 20.115 (7) (cm) Nitrogen optimization pilot program.

As a continuing appropriation, the amounts in the schedule for the nitrogen optimization pilot program under s.

93.60.

SECTION 3.

93.60 of the statutes is created to read:

93.60 Nitrogen optimization pilot program.

(1) In this section, “eligible university entities” means 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.

(2) The department shall award grants from the appropriation under s.

20.115 (7) (cm) to agricultural producers and to the eligible university entities as provided under this section.

(3) An agricultural producer may apply for and receive a grant to implement a project, for at least 2 growing seasons, that reduces nitrate loading or that uses nitrogen at an optimal rate while protecting water quality, including 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.

The department may not make a grant under this subsection to an agricultural producer in an amount more than $50,000.

The agricultural producer receiving a grant under this subsection shall collaborate with the eligible university entities to adjust the grant project to fit the needs of the academic research conducted by the eligible university entities under sub.

(4).

(4) The eligible university entities shall collaborate with an agricultural producer that applies for a grant under sub.

(3) to monitor the grant project on-site and to use information gathered from the project to research nitrate loading - 2020 Legislature - 4 - LRB-4751/1 MCP:ahe&klm ASSEMBLY BILL 796 S ECTION 3 reduction methods with a goal toward making recommendations to agricultural producers to optimize nitrogen usage while improving water quality in this state.

The eligible university entities shall prepare a report based on their research that includes information and recommendations on improving nutrient management software programs used in this state, 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 section.

The report shall be submitted upon completion to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s.