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HB 196: "An Act relating to carbon sequestration; and providing for an effective date."

00 HOUSE BILL NO. 196 01 "An Act relating to carbon sequestration; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 04 to read: 05 LEGISLATIVE FINDINGS; INTENT. (a) The legislature finds that 06 (1) increasing levels of carbon dioxide and other greenhouse gases in the 07 atmosphere have led to a growing interest in national and international forums for 08 implementing measures to slow and reverse the buildup of these atmospheric gases; these 09 measures may potentially include the establishment of systems of trading in credits for 10 adoption of practices, technologies, or other measures that decrease net emissions of carbon 11 dioxide; 12 (2) improved agricultural, forest, and soil management and conservation 13 practices and other methods of stewardship of soil and other land resources have great 14 potential to increase carbon sequestration on state and private lands and help offset carbon 15 dioxide emissions from other sectors of the economy; and

01 (3) it is in the interests of the state, private landowners, and the public in 02 general that the commissioner of natural resources document and quantify carbon 03 sequestration and greenhouse gas emissions reductions associated with agricultural, forestry, 04 and soil management systems and land uses occurring on state and private land in Alaska. 05 (b) It is the intent of the legislature that efforts to quantify and verify carbon 06 sequestration on state and private lands enhance the ability of the state to participate in any 07 system of carbon sequestration marketing or trading. 08 * Sec. 2. AS 44.37 is amended by adding new sections to read: 09 Sec. 44.37.200. Carbon Sequestration Advisory Committee. (a) The 10 Carbon Sequestration Advisory Committee is created in the Department of Natural 11 Resources. The committee consists of the following members, who are appointed by 12 and serve at the pleasure of the governor: 13 (1) the chair of the Board of Agriculture and Conservation 14 (AS 03.09.010); 15 (2) one member of the Natural Resource Conservation and 16 Development Board (AS 41.10.040); 17 (3) one member of a soil and water conservation district; 18 (4) the director of the division of agriculture, Department of Natural 19 Resources, or the director's designee; 20 (5) the state forester, or a designee of the state forester; 21 (6) the director of the division of lands, Department of Natural 22 Resources, or the director's designee; 23 (7) a director in the Department of Environmental Conservation with 24 expertise in air and water quality issues, or the director's designee; 25 (8) one person with expertise in carbon sequestration and marketing; 26 (9) one employee each, with suitable expertise, from the United States 27 Forest Service, the Bureau of Land Management, and the United States Department of 28 the Interior; 29 (10) one person representing Native forest landowners; 30 (11) one person representing the fossil fuel industry; and 31 (12) one person representing an environmental protection or

01 conservation organization. 02 (b) Members of the advisory committee created in this section do not receive 03 compensation, but are entitled to per diem and travel expenses authorized for boards 04 and commissions under AS 39.20.180. 05 (c) The Department of Natural Resources shall assist the committee with 06 administrative support as reasonably requested by the committee. 07 (d) The Carbon Sequestration Advisory Committee may 08 (1) advise and assist the commissioner in preparing the reports 09 required by this chapter and in conducting the assessment required under 10 AS 44.37.210; 11 (2) recommend policies or programs to enhance the ability of the state 12 to participate in systems of carbon trading; the recommendations must include 13 potential policies or programs designed to optimize economic benefits to private 14 landowners participating in carbon transactions; the policies or programs may include 15 identifying existing nonprofit organizations or other public or private entities or the 16 potential of creating nonprofit organizations or other public or private entities capable 17 of serving as assemblers of carbon credits or as intermediaries on behalf of producers 18 in carbon-trading systems; 19 (3) encourage the production of educational and advisory materials 20 regarding carbon sequestration on state and private land and participation in systems 21 of carbon or greenhouse emissions trading; 22 (4) identify and recommend areas of research needed to better 23 understand and quantify the process of carbon sequestration; and 24 (5) review the carbon sequestration programs and policies of other 25 states. 26 Sec. 44.37.210. Assessment by the commissioner. (a) In consultation with 27 the Carbon Sequestration Advisory Committee established under AS 44.37.200, the 28 commissioner shall assess state and private land in the state for past carbon 29 sequestration and future carbon sequestration potential. The assessment shall seek to 30 quantify carbon sequestration associated with agricultural, forest, soil, and land 31 management systems in this state. From time to time, the commissioner may update

01 the findings as advancements in understanding of the processes of carbon 02 sequestration and new data become available. 03 (b) The assessment required under this section shall be conducted in a manner 04 that provides a means for the state and owners of private land to estimate past and 05 future net carbon sequestration resulting from agricultural and forestry practices, 06 conservation measures, management systems, and land uses. 07 Sec. 44.37.220. Definitions. In AS 44.37.200 - 44.37.220, 08 (1) "carbon sequestration" means the long-term storage of carbon in 09 forests, soils, the ocean, and other carbon sinks; 10 (2) "commissioner" means the commissioner of natural resources. 11 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 REPORT TO THE LEGISLATURE. On or before January 31, 2004, the 14 commissioner of natural resources, in consultation with the Carbon Sequestration Advisory 15 Committee established under AS 44.37.200, enacted by sec. 2 of this Act, shall prepare a 16 report to the legislature. The report must include a discussion of 17 (1) the potential for, and potential forms of, greenhouse emissions regulation; 18 (2) the potential for development of a system or systems of carbon emissions 19 trading or markets for carbon sequestered on state and private land; 20 (3) agricultural, forest, and soil management systems or land uses that increase 21 stored soil carbon; 22 (4) methods for measuring and modeling net carbon sequestration associated 23 with various agricultural, forestry, and soil practices, management systems, or land uses 24 occurring on state and private land; 25 (5) areas of scientific uncertainty with respect to quantifying and 26 understanding carbon sequestration associated with soil and forest management activities; 27 (6) recommendations of the Carbon Sequestration Advisory Committee 28 developed under AS 44.37.200; 29 (7) the assessment as described in AS 44.37.210. 30 * Sec. 4. This Act takes effect July 1, 2003.