Agriculture and the Green Tier 

DNR Secretary Darrell Bazzell
To Wisconsin Farm Group Representatives

March 12, 2001
Madison, Wisconsin

     Green Tier is an optional, non-regulatory way to achieve superior environmental results.  It is voluntary and draws on the state’s cooperative tradition and on today’s emphasis on partnerships to protect the environment. 

     Farmers who choose to participate still must meet environmental standards. But like other businesses in Green Tier, agricultural producers may negotiate environmental Contracts either directly or through their associations to achieve superior environmental goals and thus be eligible for incentives. 

    Green Tier agricultural producers who are regulated must meet the same entry criteria as other regulated businesses. So they must already be good environmental citizens. They also must commit to pursue superior environmental goals. 

     Agricultural producers will be eligible for the recognition and rewards in proportion to their superior performance goals, just as the incentives are available to other businesses. Federally, Green Tier will mesh with EPA’s Performance Track that gives special benefits to regulated businesses. 

    Green Tier also provides a way for regulated and unregulated farms to address environmental risks before they are formally regulated. Farms could agree to verifiable performance in a Contract with the state or as a part of a Chartered farm organization, which could have the ability to self-audit.   

     Green Tier provides legal standing, protection and accountability by using three tools: 

1.    Environmental Charters: Charters grant rights and responsibilities to organizations that want to protect the environment and help their members protect the environment, perhaps through equipment, services or advice. These Chartered organizations are stewardship partners with the government.  They might be cooperatives, commodity groups or general associations. Or they might be specially Chartered to cover a land area such as a watershed or designated farming stewardship area. 

2.    Environmental Contracts: These are legal Contracts and are based on the Dutch Covenants and Bavarian Business Compacts, which are voluntary agreements with business to go beyond the minimum required by law.  In addition to the benefit of avoiding new regulations, incentives to achieve goals can be a part of the Contracts, which are enforceable.  The state could enter into a Contract with a producer or groups of Chartered producers, which would then be responsible for their members, as is common in Europe. 

3.    Environmental Management Systems: EMSs are like integrating environmental risk and conservation opportunities into farm plans.  The EMS ensures there is follow-through on the Contract and provides documentation that protects the producer and the public.  This provision can provide legal protection called “presumptive due diligence." An example of its application might be if there is an incidental problem, even though the farmer was using practices recommended by the Ag Stewardship System that is growing out of the UW Platteville and Discovery Farms.  

1.   All farmers should be eligible for Green Tier, not just those needing permits. That means all farms, producing all commodities, everywhere in Wisconsin should be eligible for the self-auditing, reporting and protection that are available to non-farm businesses. 

2.    Local governments should be eligible to participate in the chartering and contracting agreements that will protect everyone, including the farmers. The state should be allowed to provide technical help to local governments to reach those agreements. 

3.    Farmers who go beyond the minimum should be rewarded. Farmers who protect or restore the environment voluntarily should be compensated, just as other Green Tier businesses will be compensated for good deeds they voluntary pursue under Contract. 

    Green Tier can be used to market products and promote agriculture’s reputation. Agriculture and other products would be eligible to carry the new “Green Star” logo as a statement that the environment is protected in a special way.   

     Green Tier participants will contribute performance data to a learning system like the Agricultural Stewardship System. The system may be assigned to UW-Madison as a neutral party. The draft allows compensation to Green Tier participants for the costs of collecting data not required for regulatory purposes and protection to those who submit data voluntarily.

     State grants can help form Charters and develop EMSs.  Farm organizations, cooperatives, commodity groups and producer associations are eligible for Department of Commerce grants to form Charters and develop EMSs. Draft language specifically says Charters may cover “products, supply (product) chains, land areas, watersheds and activities.”  

    The definition of superior environmental performance was written to help farmers. Green Tier expects participants to pursue “beyond compliance” goals to earn incentives. The menu of eligible goals was drafted to meet a recommendation of Dan Poulson that farmers be eligible for incentives to manage “stewardship of land, water, wetlands, soil, landscape and natural communities.”

More Information - Details about the Green Tier proposal, its legislative progress and the Committee's work can be found on the DNR Web site at www.dnr.state.wi.us/org/caer/cea/green_tier/index.htm

Questions may be directed to Mark McDermid, 608-267-3125.