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SB 144: "An Act relating to carbon sequestration; and providing for an effective date."

00 SENATE BILL NO. 144 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

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

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

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