WI
Wisconsin Assembly Bill AB841

Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB841 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 ASSEMBLY BILL 841
55 December 22, 2023 - Introduced by Representatives SHANKLAND, C. ANDERSON,
66 JACOBSON, J. ANDERSON, ANDRACA, BALDEH, BARE, CLANCY, CONLEY, CONSIDINE,
77 EMERSON, JOERS, MADISON, NEUBAUER, OHNSTAD, MOORE OMOKUNDE, PALMERI,
88 RATCLIFF, SHELTON, STUBBS and SUBECK, cosponsored by Senators ROYS, SMITH,
99 AGARD, TAYLOR, LARSON and SPREITZER. Referred to Committee on Agriculture.
1010 ***AUTHORS SUBJECT TO CHANGE***
1111 AN ACT to create 20.115 (7) (cm) and 93.60 of the statutes; relating to: creating
1212 a grant program for farmers who use certain sustainable practices, granting
1313 rule-making authority, and making an appropriation.
1414 Analysis by the Legislative Reference Bureau
1515 This bill requires the Department of Agriculture, Trade and Consumer
1616 Protection to create a sustainable agriculture grant program, under which DATCP
1717 may award grants to farmers to 1) implement on-site fossil fuel input efficiency
1818 measures; 2) plant vegetation such as hedgerows, windrows, or riparian buffers; 3)
1919 implement approaches to increase the carbon stored in the soil; or 4) develop a
2020 conservation management plan for carbon reduction or sequestration.
2121 Under the bill, a grant may not be awarded for a project that occurs on lands
2222 participating in a land retirement program or on commercial forest lands or for
2323 aquaculture-based projects. In addition, a grant may not be awarded to a farmer
2424 who is eligible for the combined state-federal conservation reserve enhancement
2525 program, unless the farmer has already applied for that program, or to a farmer who
2626 is eligible for any other state, federal, or local grant for the same conservation
2727 actions, unless the farmer has already applied for that grant.
2828 The bill requires DATCP, in prioritizing grant recipients, to seek to maximize
2929 the total reduction in atmospheric carbon dioxide equivalents per grant dollar
3030 awarded by leveraging other nonstate public or private funding. In addition, DATCP
3131 must prioritize projects that both improve air or water quality and provide
3232 agronomic benefits. DATCP must also attempt to provide grants to farmers in
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3838 different parts of the state and for different types of projects and must ensure that
3939 small- and medium-sized farms are included in the grant program. Under the bill,
4040 DATCP may use up to 20 percent of the amount appropriated for the grant program
4141 to create educational programs about the grants, to provide technical assistance, to
4242 develop models to assist in prioritizing grant awards, and to administer the grant
4343 program.
4444 The bill allows a grant recipient to use grant funds to make down payments on
4545 equipment or other types of loans related to the purpose of the grant. The bill also
4646 allows grants awarded for carbon storage projects that have an uncertain storage life
4747 to include ongoing annual payments for the previous year's storage or upfront
4848 cumulative payments based on the expected storage in future years.
4949 The bill also allows DATCP to require a grant recipient to allow access to the
5050 property on which the grant project will take place and requires DATCP to maintain
5151 a public list of all grant recipients, the amount of money spent or borrowed under the
5252 program, and the impact on total atmospheric carbon dioxide equivalents emissions
5353 under the program.
5454 In addition, the bill provides that an offer of a grant under the new grant
5555 program qualifies as a bona fide offer of cost-sharing. Under the current soil and
5656 water resource management program, unless a farmer receives a bona fide offer of
5757 cost-sharing from DATCP or the Department of Natural Resources, the farmer is not
5858 required to follow the conservation practices set by DATCP and DNR if doing so
5959 would require the farmer to discontinue or modify cropping practices on existing
6060 cropland or to discontinue or modify an existing livestock facility or operation.
6161 Finally, the bill requires DATCP to report to the legislature biennially on the
6262 implementation and impact of the grant program.
6363 For further information see the state fiscal estimate, which will be printed as
6464 an appendix to this bill.
6565 The people of the state of Wisconsin, represented in senate and assembly, do
6666 enact as follows:
6767 SECTION 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
6868 the following amounts for the purposes indicated:
6969 2023-24 2024-25
7070 20.115 Agriculture, trade and consumer
7171 protection, department of
7272 (7) AGRICULTURAL RESOURCE MANAGEMENT
7373 (cm)Sustainable agriculture grantsGPR C 2,500,000 -0-
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8282 SECTION 2
8383 ASSEMBLY BILL 841
8484 SECTION 2. 20.115 (7) (cm) of the statutes is created to read:
8585 20.115 (7) (cm) Sustainable agriculture grants. As a continuing appropriation,
8686 the amounts in the schedule for sustainable agriculture grants under s. 93.60.
8787 SECTION 3. 93.60 of the statutes is created to read:
8888 93.60 Sustainable agriculture grant program. (1) Except as provided in
8989 sub. (2), for the purposes of reducing fossil fuels used in farming and increasing the
9090 amount of carbon stored on farmland, the department may award grants from the
9191 appropriation under s. 20.115 (7) (cm) to agricultural producers to do any of the
9292 following:
9393 (a) Implement on-site fossil fuel input efficiency measures, including any
9494 activity or technology that reduces the amount of fuel, electricity, water, fossil
9595 fuel-based fertilizer, or fossil fuel-based pesticide that is used per unit of
9696 agricultural output, and including by adopting alternative fuel technologies such as
9797 wind or solar power.
9898 (b) Implement above-ground carbon sequestration practices such as planting
9999 hedgerows, windrows, riparian buffers, or woody plantings, including fruit trees.
100100 (c) Implement an activity or technology that maintains or enhances the
101101 quantity of organic carbon in the soil, including by cover cropping, using no-till or
102102 low-till practices, applying manure, applying biochar, or using managed grazing
103103 practices.
104104 (d) Develop a conservation management plan that outlines the producer's plan
105105 for carbon reduction or sequestration.
106106 (2) The department may not award a grant under this section for a project that
107107 occurs on lands participating in a land retirement program or on commercial forest
108108 land or for aquaculture-based projects. In addition, the department may not award
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135135 SECTION 3 ASSEMBLY BILL 841
136136 a grant under this section to a person who is eligible for the state-federal
137137 conservation reserve enhancement program under s. 93.70, unless the person has
138138 first applied for enrollment in that program, or to a person who is eligible for any
139139 other state, federal, or local grant for the same conservation actions, unless the
140140 person has first applied for that grant.
141141 (3) In prioritizing grant recipients, the department shall seek to maximize the
142142 total reduction in atmospheric carbon dioxide equivalents per dollar awarded by
143143 leveraging other nonstate public or private funding. The department shall also
144144 prioritize practices, activities, and technologies that both improve air or water
145145 quality in this state and provide agronomic benefits. The department shall also seek
146146 to ensure that grants are provided to agricultural producers that are located in
147147 different regions of the state and that represent different types of agricultural
148148 enterprises and shall seek to ensure that small- and medium-sized agricultural
149149 enterprises are included in the grant program.
150150 (4) For purposes of this section and rules promulgated under this section,
151151 storing one ton of carbon dioxide equivalents in soil or standing trees for 100 years
152152 shall be considered equal to avoiding one ton of carbon dioxide equivalents
153153 emissions. Carbon dioxide equivalents stored for less than 100 years must be
154154 annualized linearly with one-ton year carbon dioxide equivalents storage having
155155 one-hundredth the relative value as the emission of one ton of carbon dioxide
156156 equivalents.
157157 (5) The department may use up to 20 percent of the amount appropriated under
158158 s. 20.115 (7) (cm) to create educational campaigns that raise awareness of the grant
159159 program under this section; to provide technical assistance to grant applicants in
160160 cooperation with the UW Extension, the natural resources conservation service of
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188188 SECTION 3
189189 ASSEMBLY BILL 841
190190 the federal department of agriculture, the department of natural resources, and
191191 county land and water conservation departments; to cover the cost of administering
192192 the program under this section; and to develop programs and models to assist with
193193 the grant prioritization process under this section.
194194 (6) A person who receives a grant under this section may use the grant to make
195195 down payments on equipment or other types of loans related to the purpose of the
196196 grant.
197197 (7) Grants awarded under sub. (1) (c) for activities or technologies that have
198198 an uncertain storage life may include ongoing annual payments for the previous
199199 year's storage or upfront cumulative payments based on the expected storage in
200200 future years. Grants that include upfront payments for future benefits must be
201201 conditioned to include penalties for default due to negligence on the part of the grant
202202 recipient.
203203 (8) The department may require a grant recipient to allow access to the
204204 property on which the grant project is located, with reasonable notice, to monitor the
205205 impacts of the project. All grant recipients shall allow information about their
206206 projects to be made available to the public. The department shall maintain a public
207207 list of all grant recipients, as well as other pertinent information including total state
208208 dollars spent or borrowed and the impact on total atmospheric carbon dioxide
209209 equivalents emissions.
210210 (9) The department, in consultation with the UW Extension, the natural
211211 resources conservation service of the federal department of agriculture, the
212212 department of natural resources, and county land and water conservation
213213 departments, shall promulgate rules to administer the program under this section.
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239239 SECTION 3 ASSEMBLY BILL 841
240240 (10) No later than January 1 of the year following the year in which a grant
241241 is first awarded under this section, and no later than January 1 of each subsequent
242242 odd-numbered year, the department shall submit a report on the program under this
243243 section to the chief clerk of each house of the legislature for distribution to the
244244 appropriate standing committees under s. 13.172 (3). The report shall document the
245245 nonstate matching funds that were used by grant recipients; the total state dollars
246246 awarded under the program; the total state dollars spent on providing technical
247247 assistance, educational campaigns, and administration; the quantity of carbon
248248 dioxide equivalents emissions avoided; the quantity of carbon stored for projects
249249 under sub. (1) (c); and the total impact on atmospheric carbon dioxide equivalents
250250 emissions of all activities funded under the program to date and expected over the
251251 life of each project by the categories described under sub. (1) (a) to (c).
252252 (11) An offer of a grant under this section shall be considered a bona fide offer
253253 of cost-sharing.
254254 SECTION 4.0Effective date.
255255 (1) This act takes effect on the day after publication, or on the 2nd day after
256256 publication of the 2023 biennial budget act, whichever is later.
257257 (END)
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