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SCS CSHB 196(RES) am S: "An Act relating to carbon sequestration; and providing for an effective date."

00 SENATE CS FOR CS FOR HOUSE BILL NO. 196(RES) am S 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. The legislature finds that 06 (1) improved agricultural, forest, and soil management and conservation 07 practices and other methods of stewardship of soil and other land resources have great 08 potential to increase carbon sequestration on state and private lands; and 09 (2) it is in the interests of the state, private landowners, and the public in 10 general that the commissioner of natural resources investigate the potential for carbon 11 sequestration associated with agricultural, forestry, and soil management systems and land 12 uses occurring on state and private land in Alaska. 13 * Sec. 2. AS 44.37 is amended by adding new sections to read: 14 Sec. 44.37.200. Carbon sequestration studies and recommendations. (a) 15 The commissioner of natural resources, in consultation with the commissioner of

01 environmental conservation, shall conduct research, surveys, and appropriate studies 02 relating to carbon sequestration. 03 (b) The commissioner of natural resources, in consultation with the 04 commissioner of environmental conservation, shall 05 (1) prepare the reports required by this chapter and conduct the 06 assessment described in AS 44.37.210; 07 (2) recommend policies or programs to enhance the ability of the state 08 to participate in systems of carbon trading; the recommendations may include 09 potential policies or programs designed to optimize economic benefits to private 10 landowners participating in carbon transactions; the policies or programs may include 11 identifying existing nonprofit organizations or other public or private entities or the 12 potential of creating nonprofit organizations or other public or private entities capable 13 of serving as assemblers of carbon credits or as intermediaries on behalf of producers 14 in carbon-trading systems; 15 (3) encourage the production of educational and advisory materials 16 regarding carbon sequestration on state and private land and participation in systems 17 of carbon emissions trading; 18 (4) identify and recommend areas of research needed to better 19 understand and quantify the process of carbon sequestration; and 20 (5) review the carbon sequestration programs and policies of other 21 states. 22 Sec. 44.37.210. Assessment by the commissioner. (a) In consultation with 23 the commissioner of environmental conservation, the commissioner shall make efforts 24 to assess state and private land in the state for past carbon sequestration and future 25 carbon sequestration potential. The assessment shall seek to quantify carbon 26 sequestration associated with agricultural, forest, soil, and land management systems 27 in this state. From time to time, the commissioner may update the findings as 28 advancements in understanding of the processes of carbon sequestration and new data 29 become available. 30 (b) The assessment described in this section shall be conducted in a manner 31 that provides a means for the state and owners of private land to estimate past and

01 future net carbon sequestration resulting from agricultural and forestry practices, 02 conservation measures, management systems, and land uses. 03 Sec. 44.37.220. Definitions. In AS 44.37.200 - 44.37.220, 04 (1) "carbon sequestration" means the long-term storage of carbon in 05 forests, soils, the ocean, and other carbon sinks; 06 (2) "commissioner" means the commissioner of natural resources. 07 * Sec. 3. AS 44.37.200, 44.37.210, and 44.37.220 are repealed June 30, 2009. 08 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 REPORT TO THE LEGISLATURE. Within one year after the effective date of this 11 section, the commissioner of natural resources, in consultation with the commissioner of 12 environmental conservation, shall prepare and submit a report to the legislature regarding 13 carbon sequestration. The report may include a discussion of 14 (1) agricultural, forest, and soil management systems or land uses that increase 15 stored soil carbon; 16 (2) methods for measuring and modeling net carbon sequestration associated 17 with various agricultural, forestry, and soil practices, management systems, or land uses 18 occurring on state and private land; 19 (3) areas of scientific uncertainty with respect to quantifying and 20 understanding carbon sequestration associated with soil and forest management activities; 21 (4) recommendations developed under AS 44.37.200; 22 (5) the assessment as described in AS 44.37.210. 23 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 DIRECTION TO SEEK FUNDING SOURCES. (a) The Department of Natural 26 Resources shall seek and apply for funding of the activities that would be authorized by secs. 27 2 and 4 of this Act by contacting the United States Department of Energy and other 28 appropriate federal and private sources. 29 (b) The Department of Natural Resources shall notify the revisor of statutes of the day 30 on which the department receives approval for funding under (a) of this section that is 31 sufficient to cover the costs of the activities that would be authorized by secs. 2 and 4 of this

01 Act. 02 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 CONDITIONAL EFFECT OF SECTIONS 2, 3, AND 4 OF THIS ACT. Sections 2, 05 3, and 4 of this Act take effect only if the Department of Natural Resources receives the 06 approval for funding described in sec. 5(b) of this Act. 07 * Sec. 7. If, under sec. 6 of this Act, secs. 2, 3, and 4 of this Act take effect, they take effect 08 on the date that the Department of Natural Resources receives the approval for funding under 09 sec. 5(b) of this Act but not later than the date set out in sec. 3 of this Act on which 10 AS 44.37.200, 44.37.210, and 44.37.220 are repealed. 11 * Sec. 8. Sections 1, 5, and 6 of this Act take effect immediately under AS 01.10.070(c).