Legislature(2023 - 2024)ADAMS 519

04/10/2023 01:30 PM House FINANCE

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01:33:52 PM Start
01:35:34 PM HB49
01:35:38 PM Presentation: Forest Carbon 101 by Anew
03:17:05 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 49 CARBON OFFSET PROGRAM ON STATE LAND TELECONFERENCED
Heard & Held
+ Presentation: Forest Carbon 101 by ANEW TELECONFERENCED
+ Bills Previously Heard/Scheduled TELECONFERENCED
     HOUSE BILL NO. 49                                                                                                        
                                                                                                                                
          "An   Act  authorizing   the   Department  of   Natural                                                               
          Resources   to  lease   land   for  carbon   management                                                               
          purposes;  establishing  a  carbon offset  program  for                                                               
          state  land;  authorizing  the sale  of  carbon  offset                                                               
      credits; and providing for an effective date."                                                                            
                                                                                                                                
     1:35:34 PM                                                                                                               
                                                                                                                                
     ^PRESENTATION: FOREST CARBON 101 BY ANEW                                                                                 
                                                                                                                                
     1:35:38 PM                                                                                                               
                                                                                                                                
     RENA  MILLER,  SPECIAL   ASSISTANT,  DEPARTMENT  OF  NATURAL                                                               
     RESOURCES,  introduced herself  and  shared  that she  would                                                               
     advance   the  slides   for  the   presenter  speaking   via                                                               
     teleconference.                                                                                                            
                                                                                                                                
     JOSHUA   STRAUSS,   SENIOR   VICE   PRESIDENT,   ANEW   (via                                                               
     teleconference), provided  a PowerPoint  presentation titled                                                               
     "Forest Carbon 101," dated April  6, 2023 (copy on file). He                                                               
     reviewed his agenda on slide 2 titled Agenda:                                                                              
                                                                                                                                
        • About Anew                                                                                                          
        • Compliance vs Voluntary Markets                                                                                     
        • Components of Offset Quality                                                                                        
        • Alaska Pilot Projects Outlook                                                                                       
        • Project Development Process                                                                                         
        • Questions                                                                                                           
                                                                                                                                
     Mr.  Strauss   notified  the   committee  that   during  his                                                               
     presentation  he would  refer  to a  report [Carbon   Offset                                                               
     Opportunity Evaluation   August 2022  ANEW (copy  on file)].                                                               
     He moved  to background  information about  ANEW on  slide 3                                                               
     titled About Anew:                                                                                                         
                                                                                                                                
        • Oldest and largest carbon offset developer in North                                                                 
          America (20+ years).                                                                                                  
                                                                                                                                
        • Voted Environmental Finance's Best Project Developer                                                                
          (North America) and Best Offset Developer (California)                                                                
          for seven years running.                                                                                              
   • Dedicated forestry team: in house finance, marketing,                                                                    
     and legal experts, plus >30 professional foresters                                                                         
     with unparalleled forest carbon experience.                                                                                
                                                                                                                                
Mr. Strauss  shared his experience in  carbon management. He                                                                    
worked  with  ANEW for  over  a  decade and  specialized  in                                                                    
forest  offset carbon  solutions for  his entire  career. He                                                                    
delineated  that ANEW  had over  100 forest  carbon projects                                                                    
under  management  and  over 5  million  acres  enrolled  in                                                                    
carbon projects in the United States (US) and Canada.                                                                           
                                                                                                                                
1:39:26 PM                                                                                                                    
                                                                                                                                
Mr.  Strauss explained  forest  carbon  basics beginning  on                                                                    
slide 5 titled What are Forest Carbon Offsets?                                                                                  
                                                                                                                                
   • Forests across the US sequester substantial amounts of                                                                   
     CO2.                                                                                                                       
                                                                                                                                
   • By maintaining or increasing forest stocking, forest                                                                     
     landowners can generate units of CO 2 emissions                                                                            
     reductions ("Carbon Offsets").                                                                                             
                                                                                                                                
   • Companies wishing to combat climate change are willing                                                                   
     to pay forest owners for these Carbon Offsets, thereby                                                                     
     claiming credit for reducing CO 2 emissions and                                                                            
     mitigating some of the effects of climate change.                                                                          
                                                                                                                                
Mr. Strauss explained  that 50 percent of  the wood material                                                                    
of a  tree is  raw carbon. As  the tree  photosynthesized it                                                                    
pulled  carbon out  of the  atmosphere and  bound it  to the                                                                    
wood material.  Forest owners  could address  climate change                                                                    
via sequestration  by avoiding  harvesting trees  that would                                                                    
be cut down and allowing trees to grow larger.                                                                                  
                                                                                                                                
1:41:08 PM                                                                                                                    
                                                                                                                                
Mr.  Strauss   moved  to  slide  6   titled   Forest  Carbon                                                                    
Markets:                                                                                                                        
                                                                                                                                
     Voluntary Market                                                                                                           
                                                                                                                                
          Companies voluntarily choose to purchase offsets                                                                      
          to reduce their emissions.                                                                                            
                                                                                                                                
          Greater variation in pricing $4 to $35                                                                                
                                                                                                                                
         Premium value attributed to "charismatic"                                                                              
               projects                                                                                                         
                                                                                                                                
               Less certain demand                                                                                              
                                                                                                                                
          Compliance Market                                                                                                     
                                                                                                                                
               Companies purchase offsets to help meet their                                                                    
               legally mandated emissions targets (CA & Québec)                                                                 
                                                                                                                                
               More consistent pricing $15 to $20                                                                               
                                                                                                                                
               Built in demand through 2030                                                                                     
                                                                                                                                
               Additional Compliance Programs                                                                                   
                                                                                                                                
                    Washington                                                                                                  
                    CORSIA (international aviation)                                                                             
                    Canada (Federal and Provincial)                                                                             
                    Oregon                                                                                                      
                                                                                                                                
     Mr. Strauss  indicated that there  were two  different types                                                               
     of  forest  carbon markets:  the  voluntary  market and  the                                                               
     compliance   market.  The   opportunity  evaluation   report                                                               
     recommended for  the state pursue  the voluntary  market. He                                                               
     explained  that compliance  markets included  buyers in  the                                                               
     State  of  California  and  Québec,   Canada,  which  had  a                                                               
     compliance program  since 2012  and were linked  through the                                                               
     Western  Climate  Initiative.   Under  compliance  programs,                                                               
     entities  were  mandated  to  reduce  emissions  and  forest                                                               
     credits  typically sold  between  $17 and  $24  per ton.  He                                                               
     delineated that an  offset credit equated to  one metric ton                                                               
     of  emission production;  the unit  commonly referred  to in                                                               
     carbon markets.  The California market was  in place through                                                               
     2030.  He addressed  the  voluntary  market where  companies                                                               
     voluntarily  choose  to  purchase offsets  to  reduce  their                                                               
     emissions.  The motivations  for engaging  in the  voluntary                                                               
     markets  were  numerous.  Some  entities  were  mandated  by                                                               
     constituencies  or  shareholders and  for  others  it was  a                                                               
     marketing tool.  He elaborated that  one of  the differences                                                               
     between the  two markets was  that in the  voluntary markets                                                               
     there was   less certain  demand. There  was nothing legally                                                               
     binding an entity in the  voluntary market. He detailed that                                                               
     voluntary  units  depended  on   the charisma  of  a  carbon                                                               
     offset.   Voluntary  market   pricing  varied  substantially                                                               
     between $4  to $35  depending on the  quality of  the carbon                                                               
     program. The most charismatic projects  beside from a strong                                                               
rule  of   law  and   protocols  had  co-benefits   from  an                                                                    
ecological  perspective.  He   explained  that  a  voluntary                                                                    
offset that  offered  a suite of  ancillary benefits  within                                                                    
a forest project like habitat,  air, and water quality, etc.                                                                    
carried a  premium value on the credit.                                                                                         
                                                                                                                                
1:47:07 PM                                                                                                                    
                                                                                                                                
Mr. Strauss  turned to slide  7 titled  Credit  Buyers.  The                                                                    
slide  listed   some  of  the  large   participants  in  the                                                                    
voluntary  market.   The  business  sectors   involved  were                                                                    
technology, food, banking,  entertainment, energy producing,                                                                    
etc. He  felt that from  his standpoint in the  industry, it                                                                    
was  heartening  to  see  the   commitments  in  place  that                                                                    
represented  concrete  promises   to  stakeholders  and  the                                                                    
public even if it was not  a mandate to a certain target. He                                                                    
believed  that these  voluntary  commitments represented   a                                                                    
substantial  target built  into long-term  planning  by  the                                                                    
companies.                                                                                                                      
                                                                                                                                
1:48:55 PM                                                                                                                    
                                                                                                                                
Mr.   Strauss   discussed    slide   8   titled    Landowner                                                                    
Obligation:                                                                                                                     
                                                                                                                                
   • Harvesting should not exceed growth.                                                                                     
                                                                                                                                
   • Must maintain certification (SFI, ATFS) or have state                                                                    
     approved Forest Management Plan.                                                                                           
                                                                                                                                
Mr.  Strauss  spoke to  the  obligation  of landowners.  The                                                                    
chart on  the slide  showed the  difference between  the key                                                                    
commitment  points of  the  California  Air Resources  Board                                                                    
(ARB)(compliance  market) and  a  volunteer project  through                                                                    
the  American   Carbon  Registry  (ACR).  He   reminded  the                                                                    
committee that the ANEW report  focused on the ACR voluntary                                                                    
market as the recommended path  forward for Alaska. He added                                                                    
that  there  was  currently no  "path  generation  into  the                                                                    
compliance  space.   The only  way  forward  for a  publicly                                                                    
managed  organization  was  the  voluntary  market.  He  was                                                                    
merely comparing  markets to add context  to the discussion.                                                                    
He outlined that  harvesting in a carbon  project should not                                                                    
exceed  what  was  growing.  Landowners  were  rewarded  for                                                                    
increasing and maintaining their  carbon stock. He discussed                                                                    
the monitoring  obligations. The  number of years  an entity                                                                    
was obligated  was for 40  years versus 100  years following                                                                    
the last  issuance of credit  in the ARB  compliance market.                                                                    
     The offset project was required  to perform annual reporting                                                               
     and every five  years the project was mandated  to perform a                                                               
     third-party  verification  of  the  total  credits  claimed,                                                               
     which  included a  site based  component  that measured  the                                                               
     inventory to  confirm the claimed carbon  credits. The audit                                                               
     had to  be conducted  at the  start of  a project  and every                                                               
     decade  subsequently.  The  compliance  market  required  an                                                               
     inventory audit every  12 years. He detailed  that the audit                                                               
     employed  a  grid network  of  plots  across the  forest  to                                                               
     determine the amount  of carbon. The audit  used an academic                                                               
     level of rigor to identify  the number of trees, dead trees,                                                               
     tree  diameter and  height, species,  defects, regeneration,                                                               
     etc. within each  fifteenth of an acre grid  plot. The audit                                                               
     established a  rich data  set to  determine how  much carbon                                                               
     existed across the landscape. The  audit was critical to the                                                               
     quality  and   legitimacy  of  the  program.   Therefore,  a                                                               
     nonbiased  arbiter with  extensive  experience in  protocols                                                               
     and forest  science was imperative  to assure  the integrity                                                               
     of the credits.                                                                                                            
                                                                                                                                
     1:54:1 9 PM                                                                                                              
                                                                                                                                
     Representative  Hannan looked  at slide  8 and  referenced a                                                               
     statement  by  Mr.  Strauss  that Alaska  was  not  able  to                                                               
     participate  in  the  compliance  market. She  asked  for  a                                                               
     repeat  of the  statement. She  asked for  clarification why                                                               
     the state  could only  look at  the voluntary  market, which                                                               
     had a much shorter  commitment period. Mr. Strauss confirmed                                                               
     that the  Department of Natural  Resources (DNR)  would only                                                               
     be  able  to participate  in  the  voluntary market  in  the                                                               
     forestry sector. He reiterated that  there was not a project                                                               
     on  public land  that  could enroll  in  the ARB  compliance                                                               
     program.  He  detailed  that it  was  technically  allowable                                                               
     under its regulations  but proved to be impossible  to do in                                                               
     practice. He  affirmed that  the ACR  program was  a 40-year                                                               
     commitment.   He  explained   that   other  committees   had                                                               
     determined  that   it  was   important  to   understand  the                                                               
     difference  in  the  mechanics between  the  compliance  and                                                               
     voluntary programs therefore, he  included the comparison in                                                               
     the presentation.                                                                                                          
                                                                                                                                
     1:57:10 PM                                                                                                               
                                                                                                                                
     Representative Josephson referenced  Mr. Strauss's statement                                                               
     that the  carbon value  needed to be  maintained or  grow on                                                               
     the land  impacted by the  agreement. He mentioned  the term                                                               
      leakage   and provided  a hypothetical  situation regarding                                                               
the state  engaging in  a carbon  offset project  on certain                                                                    
land and  logging the  adjacent land.  He wondered  how that                                                                    
would impact  the offset project.  Mr. Strauss  replied that                                                                    
the   scenario   Representative  Josephson   described   was                                                                    
crucially important  to the integrity of  an offset program.                                                                    
He elaborated  that the  term leakage  was correct  and took                                                                    
the  situation  into account.  One  of  the pillars  of  the                                                                    
program  was  that any  landowner  who  participated in  the                                                                    
program by  signing the ACR  terms of use  agreement, needed                                                                    
to  attest that  any  reduction of  harvesting  on one  acre                                                                    
would not  lead to an  increased harvest on  another holding                                                                    
managed by the  landowner. He furthered that  in addition to                                                                    
the agreement, other leakage was  considered by other market                                                                    
players  who  would increase  their  harvest  to add  supply                                                                    
because of the harvest that was  taken off the market by the                                                                    
offset  participant. He  noted  that under  ACR the  leakage                                                                    
reduction  was   quite conservative   at  30  percent to  40                                                                    
percent.  Representative Josephson  stated that  because the                                                                    
voluntary  market  was  not   regulated  by  government,  he                                                                    
wondered whether  voluntary compliance  and all  it entailed                                                                    
was  done  primarily  for   bragging  rights   to  show  the                                                                    
participants  consumers  and shareholders that  they engaged                                                                    
in the activity.                                                                                                                
                                                                                                                                
2:01:43 PM                                                                                                                    
                                                                                                                                
Mr. Strauss  replied that there  were a couple  of different                                                                    
ways to view  the regulatory issue. He reasoned  that in the                                                                    
ACR  voluntary market  there were  contracts  signed by  the                                                                    
landowners and  if a landowner  ran afoul of  its commitment                                                                    
ACR could use the legal  system and courts for breaching the                                                                    
contract. He  added that the  credit buyers were  buying the                                                                    
credits because they were  interested in reducing emissions.                                                                    
In  the compliance  market, entities  either  had to  reduce                                                                    
their  emissions  under  internal procedures  or  choose  to                                                                    
offset  their emissions.  The other  option  for anyone  who                                                                    
opted to  offset in the  voluntary market was  emitting more                                                                    
carbon  due to  the  lack  of a  mandate.  In the  voluntary                                                                    
market the reason for the  wide difference in credit pricing                                                                    
was that some certifiers  lacked strict protocols therefore,                                                                    
some  of   the  credits   did  not  justify   the  emissions                                                                    
reductions  that  a  company  may  claim.  However,  with  a                                                                    
reputable  offset  program,  the  credit  buyer  could  feel                                                                    
confident  that   what  was  bought   had  real   value  and                                                                    
legitimacy in the marketplace.                                                                                                  
                                                                                                                                
     Representative Coulombe  asked who the third-party  was that                                                               
     would perform the verification.  Mr. Strauss answered it was                                                               
     a  private  auditing  company  with  no  allegiance  to  the                                                               
     landowner or credit  buyer, whose sole purpose  was to serve                                                               
     an  auditory  function  and participate  in  field  work  to                                                               
     ensure credits were of the highest integrity.                                                                              
                                                                                                                                
     2:06:18 PM                                                                                                               
                                                                                                                                
     Mr. Strauss  advanced to slide  9 titled  Key  Components of                                                               
     Offset  Quality   The slide  listed  the  key components  as                                                               
     follows:       Additionality,       Verification/Monitoring,                                                               
     Registration/Serialization,  Leakage   Reversal  (intention/                                                               
     unintentional),  Buffer. He  referred  to additionality  and                                                               
     defined it  as an offset  that was a legitimate  action that                                                               
     led  to a  reduction in  total emissions  or an  increase in                                                               
     total  sequestration. He  described permanence  as longevity                                                               
     or the  amount of time an  entity was bound to  maintain its                                                               
     carbon  stocks. In  general,  the  marketplace preferred  at                                                               
     least 10 years in order  to provide a significant impact. He                                                               
     reiterated that verification and monitoring under a third-                                                                 
     party had to be performed on  an ongoing basis to verify and                                                               
     continue  to  monetize  the  stream  of  credits  that  were                                                               
     derived  from  the  forest. He  elucidated  that  monitoring                                                               
     consisted  of  keeping  track  of the  forest,  how  it  was                                                               
     growing, and impacts from natural causes.                                                                                  
                                                                                                                                
     Mr.  Strauss continued  with registration  and serialization                                                               
     that  was the  overarching  framework  ensuring the  credits                                                               
     were appropriately  tracked. The work was  performed by non-                                                               
     profit  groups that  tracked and  issued  the units  (carbon                                                               
     offsets)  and then  serialized. Once  an emission  reduction                                                               
     was claimed,  the unit  was retired  after one-time  use. He                                                               
     offered  that any  credit  that was  sold  off registry  was                                                               
     difficult  to legitimize.  He  indicated  that reversal  was                                                               
     what  happened if  there was  a  loss of  carbon stocks.  An                                                               
     intentional reversal was a situation  where a landowner over                                                               
     harvested and reduced its carbon  stocks. The credits had to                                                               
     be replaced  to the  registry by  purchasing credits  in the                                                               
     marketplace  and  retiring the  credits  to  makeup for  the                                                               
     emissions the overharvesting caused.                                                                                       
                                                                                                                                
     2:11:50 PM                                                                                                               
                                                                                                                                
     He furthered  that there were also  unintentional reversals,                                                               
     which was  more common than  intentional and was  defined as                                                               
      acts of  God  and caused  by natural disasters. In  the ACR                                                               
program,  a  mandatory  18 percent  buffer  requirement  was                                                                    
included in  an insurance pool to  account for unintentional                                                                    
reversal.  He   calculated  that   for  every   100  credits                                                                    
generated, 18 credits were required  to go into an insurance                                                                    
pool and protected the landowner from catastrophic loss.                                                                        
                                                                                                                                
Mr.  Strauss  examined slide  10  titled  "Alaska DNR  Pilot                                                                    
Projects:"                                                                                                                      
                                                                                                                                
   • Three areas were selected as pilot projects due to                                                                       
     their carbon stocking, accessibility, and timber                                                                           
     marketability.                                                                                                             
                                                                                                                                
   • Three projects could collectively generate ~10 million                                                                   
     offsets over 40-year life.                                                                                                 
                                                                                                                                
                                   st                                                                                           
   • >$80 million in revenue over 1 decade alone.                                                                             
                                                                                                                                
Mr.  Strauss  discussed the  findings  from  the ANEW  pilot                                                                    
project.  He  recounted that  he  had  engaged in  extensive                                                                    
discussions  with  DNR staff  to  identify  3 major  regions                                                                    
under  DNR  management   and  decided  on  Haines/Southeast,                                                                    
Tanana, and  Mat-Su (Matanuska  Susitna Valley)  forests. He                                                                    
directed attention to the  report for additional information                                                                    
on page  13 and  an addendum that  broke out  the difference                                                                    
between  Haines  and Southeast  (SE)  Alaska  with the  most                                                                    
recent data. The  Tanana data was on page 15  and Mat-Su was                                                                    
on page 17.  He commented that Haines and SE  had a  richer                                                                     
potential than  Tanana and  Mat-Su. He  added that  the data                                                                    
was done  by a multi-level  review that involved  field data                                                                    
provided  by  DNR.  His organization,  ANEW,  did  a  remote                                                                    
sensing  examination  of  the  forest  holdings,  considered                                                                    
access to the timber  market, infrastructure, and historical                                                                    
and planned harvests to draw its conclusions.                                                                                   
                                                                                                                                
2:16:02 PM                                                                                                                    
                                                                                                                                
Co-Chair  Foster recognized  that  Representative Ortiz  had                                                                    
joined  the meeting.  He  looked at  slide  10 stating  that                                                                    
three  projects  could   collectively  generate  10  million                                                                    
offsets over their 40-year life.  He referenced fiscal notes                                                                    
attached to the  bill that estimated revenue  over 10 years.                                                                    
He thought  that the key  word regarding  revenue generation                                                                    
of $80 million was "could.   He asked whether the assumption                                                                    
in the  fiscal notes was  based on  10 percent of  the three                                                                    
pilot   areas  generating   carbon   offsets.  Mr.   Strauss                                                                    
clarified there  were two different  periods he  was talking                                                                    
     about;  the entire  life of  the project  of 40  years would                                                               
     generate  about 10  million offsets.  He indicated  that the                                                               
     value would  total roughly  $310 million  over 40  years. He                                                               
     clarified that  the three projects  over the first  10 years                                                               
     would generate approximately $80 million.                                                                                  
                                                                                                                                
     Representative   Tomaszewski   referenced   slide   10   and                                                               
     calculated  that the  value per  carbon offset  was $32.  He                                                               
     cited the fiscal  notes showing $2.1 million  in expenses in                                                               
     FY 24. He  asked if the revenue  generation numbers included                                                               
     expenses and  inflation and if  not, he requested  the data.                                                               
     Mr. Strauss  answered that the  figures did include  all the                                                               
     expenses associated  with producing the offsets  but did not                                                               
     include  any fee  for the  development  effort. The  revenue                                                               
     estimates included the costs  for inventory and verification                                                               
     work and for  registration and issuance of  the credits. The                                                               
     assumption  was based  on DNR  doing the  work in-house.  He                                                               
     added that the cost for  the project development depended on                                                               
     who would  do the  work. He communicated  that ANEW  did not                                                               
     charge for  the implementation efforts, they  partnered with                                                               
     landowners  and  took  a percentage  of  the  total  revenue                                                               
     generated by  the project. Additionally,  ANEW paid  for all                                                               
     the expenses upfront. He referred  to the report and pointed                                                               
     to the  expense columns  on the project  tables on  pages 15                                                               
     through 17.  The expenses would be  reimbursed on successful                                                               
     sale  of the  credits. Public  entities would  not have  any                                                               
     initial upfront costs  and if the project  failed ANEW would                                                               
     cover the costs.                                                                                                           
                                                                                                                                
     2:21:42 PM                                                                                                               
                                                                                                                                
     Representative   Tomaszewski  asked   about   the  cost   of                                                               
     operation over  the same  period of  time. He  thought costs                                                               
     were broken down over a  decade and 40-year project life. He                                                               
     requested  a breakdown  of  the costs  in  the fiscal  notes                                                               
     including development costs.                                                                                               
                                                                                                                                
     Ms. Miller interjected that ANEW  did not work on the fiscal                                                               
     notes. She  was happy  to follow  up and  work with  the Co-                                                               
     Chair  to identify  a  framework for  the  numbers that  the                                                               
     committee would prefer.                                                                                                    
                                                                                                                                
     Representative Josephson  asked if the  voluntary compliance                                                               
     aspect  ended once  there was  a contract.  He deduced  that                                                               
     once a contract was signed it  was binding for 40 years. Mr.                                                               
     Strauss replied  affirmatively. He clarified  that voluntary                                                               
     referred  to  the  market  a   landowner  and  credit  buyer                                                               
operated  in.  In  the   compliance  market  credit,  credit                                                                    
purchasers  were  obligated to  participate.  Representative                                                                    
Josephson he recalled  Mr. Strauss stating that  a breach of                                                                    
contract  could be  remedied in  an international  court. He                                                                    
asked where the court was  located. Mr. Strauss replied that                                                                    
he did  not refer  to an  international court.  He clarified                                                                    
that  a company  called  Winrock International,  that was  a                                                                    
large non-profit  Non-Governmental Organization  (NGO) owned                                                                    
the  American Carbon  Registry and  he had  referred to  the                                                                    
organization.  He indicated  that  any  litigation would  be                                                                    
carried out in the US in the jurisdiction of Virginia.                                                                          
                                                                                                                                
Representative  Galvin  cited  slide 10  and  recounted  Mr.                                                                    
Strausss  statement  that $310  million in revenue  could be                                                                    
realized over 40 years. She  calculated the average of about                                                                    
$7.75 million per year on  the front end. Mr. Strauss agreed                                                                    
with  her  calculations and  that  it  was front  ended.  He                                                                    
explained  that due  to the  nuance  of the  project it  was                                                                    
front  ended in  Haines  and Southeast  rather  than in  the                                                                    
other locations of Mat-Su and Tanana.                                                                                           
                                                                                                                                
2:26:30 PM                                                                                                                    
                                                                                                                                
Representative Galvin remarked that  with the credits having                                                                    
no intrinsic value such as oil  or timber, she had heard the                                                                    
carbon  credits  analogized  with  cryptocurrency  and  Non-                                                                    
Fungible  Tokens (NFTs).  She asked  Mr. Strauss  to discuss                                                                    
the biggest  downside risk  with the  bill and  the program.                                                                    
Mr. Strauss answered  that the credits operated  in a market                                                                    
context. He  hypothesized a situation  where the  market for                                                                    
timber  significantly increased  during the  timeline of  an                                                                    
offset  project,  which reduced  the  value  of the  project                                                                    
below  the  value  of  the   timber.  He  offered  that  the                                                                    
landowner would  be  giving up  the timber  value, which was                                                                    
what  gave   the  carbon  offset  project   legitimacy.  The                                                                    
commitment was made to maintain  the carbon offset. It would                                                                    
not  be  an  option  to  reduce the  timber  stocks  if  the                                                                    
landowner  could  suddenly  capitalize on  a  higher  timber                                                                    
value.  He   always  encouraged   landowners  to   make  the                                                                    
commitment to  the full  40 years.  He qualified  that  off-                                                                    
ramps  were  possible. He offered a  hypothetical example in                                                                    
the  future where  a  new technology  could  remove as  much                                                                    
carbon out  of the  atmosphere as  necessary for  pennies on                                                                    
the  dollar.  The carbon  offsets  would  have a  low  value                                                                    
because the  market fell out.  The contract had  a provision                                                                    
where the  landowner could purchase sufficient  credits from                                                                    
the market  to reimburse the  registry for every  credit the                                                                    
     project generated  and exit  the program  without penalties.                                                               
     The project could  be ended at the lower cost  of the market                                                               
     rate for  the credits.  However, he  was not  suggesting the                                                               
     scenario could be used as an arbitrage play.                                                                               
                                                                                                                                
     He   continued  by   addressing  any    downsides   to   the                                                               
     legislation. He  communicated that  the legislation  did not                                                               
     commit DNR  to participate in  any projects, it  offered the                                                               
     option if  it was  worthwhile, it  had no  binding elements.                                                               
     Representative   Galvin  asked   what  percentage   ANEW  or                                                               
     companies like it charged for  its services. Mr. Strauss did                                                               
     not  know what  other companies  would charge.  He disclosed                                                               
     that ANEW was the predominant company for public projects.                                                                 
     Any   project  done   by  ANEW   would  vary   depending  on                                                               
     complexity, size,  total amount  of credits issued,  etc. He                                                               
     estimated that the  percentage would be lower if  it did all                                                               
     3 of  the projects simultaneously,  and the charge  would be                                                               
     below 20 percent.                                                                                                          
                                                                                                                                
     Co-Chair Foster  noted that Co-Chair Johnson  had joined the                                                               
     meeting.                                                                                                                   
                                                                                                                                
     2:32:15 PM                                                                                                               
                                                                                                                                
     Representative  Ortiz  looked  at   the  projection  of  $80                                                               
     million over  the next  first decade. He  asked if  the lost                                                               
     opportunity costs  for the harvestable timer  was woven into                                                               
     the  projection. Mr.  Strauss responded  that he  had worked                                                               
     closely with  DNR on the  revenue projections  and attempted                                                               
     to  be  fairly conservative.  He  elucidated  that the  plan                                                               
     allowed  for  timber  harvesting  to a  certain  level.  The                                                               
     assumption was that DNR would  not harvest to the extent the                                                               
     timber harvest plan had allowed for.  It was a factor in how                                                               
     ANEW could design a project  versus a baseline. He explained                                                               
     that the baseline  allowed for as much  timber harvesting as                                                               
     allowed under  a harvest plan.  The carbon  project scenario                                                               
     defined   what  amount   of  harvest   was  acceptable   and                                                               
     allowable; it took the ability  to harvest meaningfully more                                                               
     off  the  table.  He  summarized  that  there  might  be  an                                                               
     opportunity  costs,  but  the  idea  was  to  provide  truly                                                               
     sustainable  management   and  remove  the   opportunity  to                                                               
     increase  harvest as  could  have otherwise.  Representative                                                               
     Ortiz deduced that the $80  million over a decade for carbon                                                               
     offsets  did  not  produce  the   same  amount  of  economic                                                               
     activity if the timber was  harvested. He wondered if timber                                                               
     harvesting  promoted much  more  economic  activity than  an                                                               
     offset program.                                                                                                            
Mr.  Strauss answered  that it  was important  to understand                                                                    
the carbon offset project was  not a dramatic departure from                                                                    
current  harvest  management   plans.  However,  the  offset                                                                    
project  made a  concrete commitment  to maintain  or reduce                                                                    
harvest  to certain  levels and  removed the  opportunity to                                                                    
 ramp up to the level of the original harvest plan.                                                                             
                                                                                                                                
2:37:34 PM                                                                                                                    
                                                                                                                                
Representative Hannan announced  that she and Representative                                                                    
Ortiz represented areas of  Southeast Alaska. She referenced                                                                    
a specific  harvest sale in  SE, the  Brown Bear   sale that                                                                    
was currently under litigation.  She asked whether the Brown                                                                    
Bear  stand  was  included  in   the  ANEW  study.  She  was                                                                    
interested in comparing  the two values of  the stand: under                                                                    
a timber harvest or as part of a carbon offset.                                                                                 
                                                                                                                                
Ms. Miller replied  that she would need to  consult with the                                                                    
Forestry  Division to  answer the  question. She  understood                                                                    
that depending on the dynamics  of the project, it might not                                                                    
be an either or situation.                                                                                                      
                                                                                                                                
Representative Hannan asked how  the decisions would be made                                                                    
to  either offer  a stand  as an  offset or  to harvest  the                                                                    
timber. Ms. Miller offered to  provide the answer. She added                                                                    
that  the bill  explicitly contained  provisions for  DNR to                                                                    
follow when considering a project  and to evaluate the state                                                                    
and local economic impacts.                                                                                                     
                                                                                                                                
2:40:37 PM                                                                                                                    
                                                                                                                                
Mr.   Strauss  addressed   slide   12  titled    Development                                                                    
Components:                                                                                                                     
                                                                                                                                
     1. Project Feasibility Analysis                                                                                            
                                                                                                                                
     2. Contracting and Listing                                                                                                 
                                                                                                                                
     3. Inventory                                                                                                               
                                                                                                                                
     4. Modeling And Documentation                                                                                              
                                                                                                                                
     5. Verification                                                                                                            
                                                                                                                                
     6. Credit Registration and Issuance                                                                                        
                                                                                                                                
     7. Credit Sale                                                                                                             
     Mr. Strauss  explained the development  process of  a forest                                                               
     carbon  project. He  indicated  that the  first  step was  a                                                               
     feasibility analysis. The carbon  team would gather data and                                                               
     use all  the information to  build the carbon  project plan.                                                               
     Once   the   projects    feasibility  and   economics   were                                                               
     considered  favorable, the  contracting and  listing process                                                               
     began.  He  elaborated that  a  contract  was the  agreement                                                               
     between the landowner and project  developer and the listing                                                               
     actually  listed the  project  onto the  ACR. The  inventory                                                               
     stage  would commence,  which included  a detailed  study of                                                               
     the  carbon stock.  Once  the data  from  the inventory  was                                                               
     collected  the  modeling   and  documentation  phase  began.                                                               
     Modeling  determined  the  carbon  offset  plan  versus  the                                                               
     current  baseline  timber   harvest  plan.  The  third-party                                                               
     verification   process   was   the   next   component.   The                                                               
     specialized  accredited  auditor  would review  and  confirm                                                               
     documents  and perform  onsite measurements  to verify  that                                                               
     all  the  calculations  were  correct.  He  added  that  the                                                               
     verification process could  be a long process  lasting up to                                                               
     6 months  or more  and involved   a lot  of back  and forth                                                                
     between  the auditor  and project  developer. Following  the                                                               
     verification,  a registry  review was  commenced by  ACR and                                                               
     once approved  the credits were registered,  serialized, and                                                               
     issued. Finally,  the credits could  be sold. He  noted that                                                               
     bullet points  4 through 7  could happen on an  annual basis                                                               
     of  the  40-year  life  of  a project.  He  pointed  to  the                                                               
     downward  arrow  on the  slide  that  encompassed all  seven                                                               
     components labeled  credit marketing   and related that ANEW                                                               
     offered   turnkey  service  and provided  service for  every                                                               
     aspect  of the  process. He  emphasized that  ANEW maximized                                                               
     value to  the landowner by marketing  their credits directly                                                               
     to buyers, avoiding middlemen.                                                                                             
                                                                                                                                
     2:45:40 PM                                                                                                               
                                                                                                                                
     Mr.   Strauss  discussed   slide   13  titled    Development                                                               
     Timeline,  which  charted how long the  entire process took.                                                               
     He offered  that the entire  process from  its establishment                                                               
     took  18 months  to 24  months.  He noted  that the  project                                                               
     verification  process  typically   began  after  12  months,                                                               
     because  it took  one  year to  accumulate  credits for  the                                                               
     audit.  The 40-year  life  of the  project  was broken  into                                                               
     reporting periods,  with the first one  happening within the                                                               
     first year.                                                                                                                
                                                                                                                                
     Co-Chair Foster noted that the  department would address the                                                               
     fiscal notes at the next bill hearing.                                                                                     
Representative  Josephson recounted  that DNR  studied local                                                                    
impacts when  entertaining a  project proposal.  He wondered                                                                    
how  local governments  could benefit  from  a project.  Ms.                                                                    
Miller responded that the bill  in conjunction with the best                                                                    
interest  finding specifically  stated the  department would                                                                    
need  to consider  the reasonably  foreseeable effects  of a                                                                    
project on the state and  local economy. There was no direct                                                                    
avenue for  a local government to  receive revenue generated                                                                    
by  the  credits. However,  the  portion  of credit  revenue                                                                    
deposited  into the  General Fund  (GF) funded  a number  of                                                                    
activities that supported local governments.                                                                                    
                                                                                                                                
2:50:12 PM                                                                                                                    
                                                                                                                                
Representative  Josephson commented  that  the proposal  was                                                                    
not about  leasing land, but  the bill talked  about leasing                                                                    
land. He asked for  clarification. Mr. Strauss answered that                                                                    
the ANEW  report did not  involve anyone leasing any  land                                                                      
it  was  simply the  state  enrolling  its  own land  for  a                                                                    
project.                                                                                                                        
                                                                                                                                
Representative  Josephson asked  Ms. Miller  to address  the                                                                    
 conundrum.                                                                                                                     
                                                                                                                                
Ms.  Miller responded  that the  bill took  two pathways  to                                                                    
potential projects on  state land. One way  was described by                                                                    
Mr. Strauss, where the state did  a project on state land in                                                                    
conjunction  with a  development company.  The other  avenue                                                                    
under  the bill  allowed DNR  to lease  state land  to third                                                                    
parties for a carbon offset purpose.                                                                                            
                                                                                                                                
Representative  Galvin  looked at  slide  13  and asked  for                                                                    
verification that it  took typically 24 months  to execute a                                                                    
credit  sale. Mr.  Strauss replied  that ANEW  aimed for  18                                                                    
months but 24 months was  not unusual, and clients should be                                                                    
prepared  for  that.  Representative Galvin  inquired  about                                                                    
timing  and  the   urgency   for the  bill  and  whether  it                                                                    
related to  the voluntary market being  dynamic. Mr. Strauss                                                                    
confirmed  that it  was a  dynamic market.  He offered  that                                                                    
ANEW had been the beneficiaries  of an increasing market and                                                                    
pricing over the  last decade. He commented  that there were                                                                    
different projects  that came into favor  at different times                                                                    
and buyers had different  interests in various carbon types.                                                                    
He did not think the  market dynamics had the largest impact                                                                    
on how  long it  took to  get the  credits issued.  He noted                                                                    
that  there was  no  requirement to  sell  the credits  once                                                                    
issued.  The state  could  hold the  credits  if the  market                                                                    
     softened.  His   company  considered  market   dynamics  and                                                               
     determined when to sell and when to hold.                                                                                  
                                                                                                                                
     2:55:13 PM                                                                                                               
                                                                                                                                
     Co-Chair  Edgmon added  the four  fiscal notes  that totaled                                                               
     $2.1 million  in costs in FY  2024. He asked whether  he was                                                               
     correct. Ms.  Miller responded that one  fiscal note related                                                               
     to  the  state  leasing  portion and  would  never  be  paid                                                               
     through the  revenue generated from  a project.  She pointed                                                               
     to DNRs  Mining,  Land, and Water (FN  New, dated 3/30/2023)                                                               
     fiscal note.  There was authority  in HB  49 for DNR  to use                                                               
     receipts from leasing activities  to supplant GF for funding                                                               
     the positions that would assist  with leases. She pointed to                                                               
     the two other  DNR fiscal notes allocated  to  the Office of                                                               
     Project  Management and  Permitting  (OPMP)  (FN New,  dated                                                               
     3/30/2023) and the other allocated  to Forest Management and                                                               
     Development (FN  New dated 03/31/2023)  related specifically                                                               
     to  a carbon  offset project  on state  land. Both  pathways                                                               
     would employ  things like best  interest findings,  etc. Co-                                                               
     Chair Edgmon  presumed that there  was already work  done on                                                               
     the  three pilot  projects and  he assumed  it was  done in-                                                               
     house without  any additional budget.  He deduced  that with                                                               
     every  lease there  were two  purposes, one  was to  harvest                                                               
     timber and the  other was a carbon offset  project. He asked                                                               
     if the bill addressed the issue.                                                                                           
                                                                                                                                
     2:57:57 PM                                                                                                               
                                                                                                                                
     Ms.  Miller  asked  if  his question  was  specific  to  the                                                               
     leasing   pathway.   Co-Chair   Edgmon   answered   in   the                                                               
     affirmative.  Ms. Miller  replied  that a  land  lease to  a                                                               
     third-party  did  not  convey any  timber  rights.  Co-Chair                                                               
     Edgmon presumed that a timber  harvest would take place. Ms.                                                               
     Miller  answered that  the bill  did not  restrict a  carbon                                                               
     offset  project  lease  to  a  third-party  to  timber.  She                                                               
     mentioned  that kelp  farming  was a  potential  way to  use                                                               
     nature and sequester carbon. A  forest carbon offset project                                                               
     would  entail some  likelihood of  harvest.  Only the  state                                                               
     could  undertake  an  offset   project  in  the  Tanana  and                                                               
     Southeast state  forests. She qualified that  forested state                                                               
     land was open to a  third-party lease, which did not require                                                               
     a commitment to harvest timber.                                                                                            
                                                                                                                                
     3:00:03 PM                                                                                                               
                                                                                                                                
Co-Chair  Edgmon he  pointed  to  page 7  of  the bill  that                                                                    
referred to the mitigation of  greenhouse gases. He asked if                                                                    
the definition  of mitigate greenhouse gases  was defined in                                                                    
statue.  He  cited  page  6  of the  bill  and  referred  to                                                                    
 transferrable instruments  and  admission reduction  of one                                                                    
metric  ton.   He  understood  that  the  state  lacked  the                                                                    
framework to voluntarily commit  to a project and understood                                                                    
that  was the  purpose of  the  bill. He  concluded that  he                                                                    
needed more information in order  to understand the concepts                                                                    
of the bill.                                                                                                                    
                                                                                                                                
Co-Chair Foster  did not intend  to rush discussions  on the                                                                    
carbon bills.  He wanted  the committee  to gain  a thorough                                                                    
understanding and feel comfortable with the topic.                                                                              
                                                                                                                                
Representative  Stapp  stated  he  was having  a  hard  time                                                                    
understanding  one  of the  pilot  projects  related to  the                                                                    
Tanana State  Forest. He  was not aware  of any  large scale                                                                    
timber operations  in that forest.  He wondered  why someone                                                                    
would  pay  the state  not  to  harvest  timber it  was  not                                                                    
harvesting.  Ms.  Miller  replied  that  when  the  registry                                                                    
looked  at a  potential project,  they looked  at whether  a                                                                    
harvest   was  legal.   The  registry   then  analyzed   the                                                                    
commercial possibility of harvesting  timber, whether it was                                                                    
currently being harvesed  or ever had been  harvested in the                                                                    
past. The  registry also  considered factors  like proximity                                                                    
to mills and whether the  type of timber was appropriate for                                                                    
the mill to process, etc. She  deferred to Mr. Strauss for a                                                                    
further answer.                                                                                                                 
                                                                                                                                
3:04:01 PM                                                                                                                    
                                                                                                                                
Mr.  Strauss  replied that  credits  were  generated in  two                                                                    
ways.  He explained  that there  were  credits from  avoided                                                                    
harvesting and credits for new  growth that took place since                                                                    
the project's  inception. He indicated that  Tanana had less                                                                    
attractive timber than Haines. In  the Tanana case, what was                                                                    
considered  was what  would  be  financially attractive  and                                                                    
would  involve  harvesting  anything   less  than  what  was                                                                    
projected in the hypothetical. He  referenced page 15 of the                                                                    
report that detailed the Tanana  Project, which talked about                                                                    
conservation  credits and  removal credits  (meaning removal                                                                    
of  carbon  in  the  atmosphere). The  Tanana  Project  only                                                                    
received removal  credits and  did not  receive conservation                                                                    
credits because they were not  modeling any potential credit                                                                    
generation from avoided loss of the  existing stock.                                                                            
                                                                                                                                
     Representative Tomaszewski cited the  four fiscal notes that                                                               
     reflected about  25 percent of  the $8 million per  year. He                                                               
     asked if there was inflation  proofing in the calculation of                                                               
     the carbon credits and whether it  would it be a flat fee or                                                               
     if  the  fiscal  notes  would change  over  the  years  with                                                               
     inflation. He estimated  that 45 percent of  the revenue was                                                               
     already  spoken for  in the  fiscal notes.  He asked  if the                                                               
     Forest Management  and Development  fiscal note  covered the                                                               
     development timeline shown  on slide 13 or  whether a third-                                                               
     party was involved.                                                                                                        
                                                                                                                                
     3:08:25 PM                                                                                                               
                                                                                                                                
     Ms. Miller  replied that  the fiscal  notes did  not account                                                               
     for  the  costs of  a  project  developer  to do  a  turnkey                                                               
     operation.  The operating  costs  on the  fiscal notes  were                                                               
     internal positions  for DNR. She furthered  that the capital                                                               
     outlay  in  the OPMP  allocated  fiscal  note included  some                                                               
     money  for  contractual  expertise  but did  not  include  a                                                               
     program  developer. She  deferred to  Mr. Strauss  to answer                                                               
     the  question regarding  inflation proofing  related to  the                                                               
     credits.                                                                                                                   
                                                                                                                                
     Mr. Strauss answered that the  tables reflected a world with                                                               
     static inflation. He deduced that  if there was inflation in                                                               
     the expenses  there would likely  be inflation in  the price                                                               
     of  the  credits.  He  was  constantly  examining  what  was                                                               
     happening  in  the  market.  He  emphasized  that  the  data                                                               
     reflected selling credits in the  given years. He provided a                                                               
     scenario where  some years  some credits  were held  back or                                                               
     all  were   sold,  etc.,  depending   on  the   market.  The                                                               
     marketplace  should be  constantly  scrutinized to  maximize                                                               
     revenue from the sale of credits.                                                                                          
                                                                                                                                
     3:10:33 PM                                                                                                               
                                                                                                                                
     Representative Tomaszewski  asked if there was  a project or                                                               
     contract,  who would  be responsible  if  the forest  burned                                                               
     down.  Mr. Strauss  recounted his  discussion of  a type  of                                                               
     insurance that deposited 18 percent  of all the credits into                                                               
     a buffer pool for catastrophic  loss and reduced the states                                                                
     liability (unintentional  reversal.) If  the state  chose to                                                               
     harvest trees,  which was an intentional  reversal, it would                                                               
  be obligated to purchase and replace the lost credits.                                                                        
                                                                                                                                
     Representative  Tomaszewski  asked  if  the  buffer  was  an                                                               
     insurance policy. He wondered if  it was an account that the                                                               
state  owned and  built  up. He  clarified  that 18  percent                                                                    
would go to insurance in form  of a buffer pool. He asked if                                                                    
he  was correct.  Mr. Strauss  responded in  the affirmative                                                                    
and  added  that  the  18   percent  was  an  insurance-like                                                                    
purchase.  The credits  were held  by the  ACR and  required                                                                    
that for  every credit .18  credits would need to  be pushed                                                                    
into  the buffer  pool as  a protective  measure in  case of                                                                    
unintentional reversal. He reiterated  that out of every 100                                                                    
credits generated the project  received 82 and the remainder                                                                    
of  the credits  were  deposited into  the  buffer pool.  He                                                                    
added that all  of the data in the report  accounted for the                                                                    
buffer pool credits.                                                                                                            
                                                                                                                                
3:12:52 PM                                                                                                                    
                                                                                                                                
Representative  Coulombe  asked  for confirmation  that  for                                                                    
every credit generated 18 percent  would go to the insurance                                                                    
pool.   Mr.   Strauss    responded   in   the   affirmative.                                                                    
Representative  Coulombe asked  when the  money would  start                                                                    
getting  transferred  to  the insurance  pool.  Mr.  Strauss                                                                    
responded that  there were never any  dollars exchanged. The                                                                    
buffer pool  was made up  of credits, not dollars.  When the                                                                    
credits were issued  to the project the  buffer pool credits                                                                    
transfer   would   happen   simultaneously.   Representative                                                                    
Coulombe  understood  that  the carbon  credits  were  worth                                                                    
money, and  a percentage  of credits  would be  deducted for                                                                    
the  pool.  Mr.  Strauss  responded  that  the  project  was                                                                    
generating  the carbon  credits  and a  purchaser would  buy                                                                    
them. He  explained that there  was an expense of  $0.17 per                                                                    
ton from  the registry for  the issuance. There would  be no                                                                    
fees  involved for  the  percentage  of credits  transferred                                                                    
into the buffer.  He suggested that the way  the transfer of                                                                    
buffer credits should be viewed  was of the 100 credits that                                                                    
were  generated,  only  82 would  be  received  because  the                                                                    
buffer poll retained the remaining credits.                                                                                     
                                                                                                                                
3:15:46 PM                                                                                                                    
                                                                                                                                
Co-Chair  Foster requested  a  profit and  loss report  that                                                                    
included  all of  the costs  and associated  expenses, fees,                                                                    
etc. including the buffer pool.                                                                                                 
                                                                                                                                
HB  49  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
Co-Chair Foster reviewed the agenda for the following day.                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB49 - AK House Finance Committee - Forest Carbon 101 by Anew - 4.06.2023.pdf HFIN 4/10/2023 1:30:00 PM
HB 49
HB 49 DNR responses to House Finance Committee 041023.pdf HFIN 4/10/2023 1:30:00 PM
HB 49
HB 49 NEW FN DOR Comm Office 041223.pdf HFIN 4/10/2023 1:30:00 PM
HB 49