Legislature(2023 - 2024)BARNES 124

03/01/2023 01:00 PM House RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to a Call of the Chair --
+= HB 49 CARBON OFFSET PROGRAM ON STATE LAND TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 50 CARBON STORAGE TELECONFERENCED
Heard & Held
            HB 49-CARBON OFFSET PROGRAM ON STATE LAND                                                                       
                                                                                                                                
2:05:15 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced  that the final order of  business would be                                                               
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."                                                                                                                
                                                                                                                                
2:06:32 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 2:06 p.m.                                                                                 
                                                                                                                                
2:07:08 PM                                                                                                                    
                                                                                                                                
JOHN   BOYLE,  Commissioner   Designee,  Department   of  Natural                                                               
Resources  (DNR),  provided introductory  remarks  on  HB 49,  on                                                               
behalf of the House Rules  Standing Committee, sponsor by request                                                               
of the governor.   The legislation focused on  the utilization of                                                               
state land and submerged land  for the purpose of carbon offsets,                                                               
which  would  offer the  state  a  new  avenue to  diversify  its                                                               
economy and  revenues.  He  described the  "tremendous" inventory                                                               
of state lands as a competitive  advantage for Alaska that may be                                                               
very well suited for carbon  offset projects.  The administration                                                               
was asking for  a broad regulatory framework, he  said, to enable                                                               
DNR to  engage with  the market,  understand where  carbon offset                                                               
opportunities exist, and generate  additional state revenues.  He                                                               
shared his  belief that carbon offset  projects could incentivize                                                               
forest  management  and  timber  harvesting  and  revitalize  the                                                               
forest industry  as a  whole in  Alaska, while  creating exciting                                                               
career  opportunities.   He emphasized  that the  bill would  not                                                               
implement  carbon taxes  or cap-and-trade  regimes on  businesses                                                               
operating within the state, adding  that the land used for carbon                                                               
projects would  still be open  for public access and  public use.                                                               
The projects  could be managed  in a  way that was  reflective of                                                               
the state's ethos.  He noted  the thousands of miles of coastline                                                               
and submerged  lands in Alaska  that were high quality  areas for                                                               
carbon  offset  projects, such  as  commercial  kelp farms,  that                                                               
could provide further opportunities  in the mariculture industry.                                                               
He urged the state to stay  nimble and flexible to respond to the                                                               
ever-growing and evolving market.                                                                                               
                                                                                                                                
2:15:25 PM                                                                                                                    
                                                                                                                                
JOSHUA  STRAUSS,  Senior Vice  President,  Anew  Climate, gave  a                                                               
PowerPoint  presentation,  titled  "Forest  Carbon  Informational                                                               
Overview,"  [hard copy  included in  the committee  packet].   He                                                               
outlined the agenda for the presentation on slide 2.                                                                            
                                                                                                                                
2:17:09 PM                                                                                                                    
                                                                                                                                
MR. STRAUSS  continued to  slide 3, "About  Anew," which  read as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     •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   in-house  finance,                                                                    
     marketing,  and  legal  experts, plus  30  professional                                                                    
     foresters with unparalleled forest carbon experience                                                                       
                                                                                                                                
2:18:14 PM                                                                                                                    
                                                                                                                                
MR. STRAUSS narrated  the map on slide 4,  "Anew Forestry Project                                                               
Map,"  which pictured  some  of the  110  forest carbon  projects                                                               
under Anew's management  in the U.S. and Canada.   Slide 5 listed                                                               
Anew's  notable   public  partnerships,  including   Alaska  DNR,                                                               
Michigan  DNR, Ohio  DNR, 8  Wisconsin counties,  3 Massachusetts                                                               
townships,  2  Pennsylvania  water   authorities,  and  1  public                                                               
university.                                                                                                                     
                                                                                                                                
2:19:44 PM                                                                                                                    
                                                                                                                                
MR. STRAUSS discussed forest carbon  basics beginning on slide 7,                                                               
"What  are   forest  carbon  offsets,"  which   read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     • Forests  across the US sequester  substantial amounts                                                                    
     of CO2.                                                                                                                    
     • By maintaining or  increasing forest stocking, forest                                                                    
     landowners   can  generate   units  of   CO2  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 CO2 emissions and                                                                    
     mitigating some of the effects of climate change.                                                                          
                                                                                                                                
2:21:10 PM                                                                                                                    
                                                                                                                                
MR. STRAUSS proceeded to slide 8, "Forest Carbon Markets," which                                                                
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     Voluntary Market                                                                                                           
                                                                                                                                
     Companies voluntarily choose to purchase offsets to                                                                        
     reduce their emissions                                                                                                     
        • Greater variation in pricing                                                                                          
             o $4 to $35                                                                                                        
      • Premium vale attributed to "charismatic" projects                                                                       
        • Less certain demand                                                                                                   
                                                                                                                                
     Compliance Market                                                                                                          
                                                                                                                                
     Companies purchase offsets to help meet their legally                                                                      
     mandated emissions targets (CS & Quebec)                                                                                   
        • More consistent pricing                                                                                               
             o  $15 to $20                                                                                                      
        • Built-in demand through 2030                                                                                          
                                                                                                                                
     Additional Compliance Programs                                                                                             
        • Washington                                                                                                            
        • CORSIA (international aviation)                                                                                       
        • Canada (Federal and Provincial)                                                                                       
        • Oregon                                                                                                                
                                                                                                                                
2:24:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER asked whether anything federal was on                                                                   
the horizon.                                                                                                                    
                                                                                                                                
MR. STRAUSS said nothing was currently on the horizon for a                                                                     
federal program.                                                                                                                
                                                                                                                                
REPRESENTATIVE RAUSCHER sought to confirm that any compliance                                                                   
program would need to come through the state legislature.                                                                       
                                                                                                                                
MR. STRAUSS answered yes, a compliance program would be at the                                                                  
state level.  He reiterated that there was no federal oversight                                                                 
on the horizon.                                                                                                                 
                                                                                                                                
2:27:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MEARS  asked  whether,   in  terms  of  voluntary                                                               
compliance, a  company looking to  purchase carbon  credits might                                                               
consider the  preservation of habitat  for wolverine and  lynx in                                                               
Alaska a charismatic project worth investing in.                                                                                
                                                                                                                                
MR.  STRAUSS answered  yes, habitat  preservation might  increase                                                               
the credit  value.  He indicated  that environmental conservation                                                               
in addition to emission reduction may be appealing.                                                                             
                                                                                                                                
2:28:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  suggested that saving the  planet may not                                                               
have the  same market value in  twenty years.  He  asked how much                                                               
of the carbon market was voluntary versus compliance.                                                                           
                                                                                                                                
MR.  STRAUSS acknowledged  that there  was no  regulatory mandate                                                               
for  the  voluntary market.    Nonetheless,  many companies  have                                                               
publicly  committed to  becoming carbon  neutral by  2030 through                                                               
offset programs,  for example.   He  added that  although pricing                                                               
was variable, measures were being  taken to add quantification to                                                               
various  components of  a carbon  project.   By enrolling  in one                                                               
now,  he  said,  it  wouldn't  preclude  the  ability  to  better                                                               
quantify positive  impacts of the project  as other methodologies                                                               
get "fleshed out."                                                                                                              
                                                                                                                                
2:31:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER clarified  that  if  Alaska could  derive                                                               
benefit  from   charismatic  projects,   he  was   supportive  of                                                               
"pocketing that money."                                                                                                         
                                                                                                                                
CHAIR  MCKAY asked  whether there  were federal  tax credits  for                                                               
voluntarily purchasing offsets.                                                                                                 
                                                                                                                                
MR. STRAUSS said  no, there was not a direct  path to federal tax                                                               
credits for these activities.                                                                                                   
                                                                                                                                
CHAIR MCKAY pointed  out that HB 49 only  addressed the voluntary                                                               
market.                                                                                                                         
                                                                                                                                
2:32:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DIBERT  asked how forest fires  would be addressed                                                               
in forested areas in the Interior.                                                                                              
                                                                                                                                
MR. STRAUSS  said the department  was keenly aware of  the forest                                                               
fire risk.   He  discussed the  American Carbon  Registry's (ACR)                                                               
voluntary improved  forest management protocol, which  included a                                                               
"buffer"    otherwise defined as  a pooled insurance  mechanism                                                                 
for all credit-generating projects to cover catastrophic loss.                                                                  
                                                                                                                                
2:35:39 PM                                                                                                                    
                                                                                                                                
MR. STRAUSS  resumed the  presentation on  slide 8  and discussed                                                               
the compliance  market.   He continued to  slide 9,  which listed                                                               
examples  of  credit buyers  in  the  voluntary space,  including                                                               
Microsoft, Capital One, Nestle, Disney, Chevrolet, and etcetera.                                                                
He added that  almost every organization in the  Fortune 500 were                                                               
buying  credits.   He noted  that  state lands  were not  readily                                                               
eligible for  participation in the  compliance programs  based on                                                               
their  design.    Mr.  Strauss turned  to  slide  10,  "Landowner                                                               
Obligations," which outlined the  monitoring obligations per year                                                               
in  both  a voluntary  and  compliance  setting.    The ACR     a                                                               
voluntary  program     was a  40-year  commitment,  for  example,                                                               
whereas the compliance program would be  well over 100 years.  He                                                               
outlined   the  four   stages  of   a   carbon  offset   project:                                                               
verification,  inventory, reporting,  and the  monitoring period.                                                               
He  reiterated that  the commitment  to a  carbon forest  program                                                               
would not prevent the utilization  of that land for recreation or                                                               
for sub-surface minerals.                                                                                                       
                                                                                                                                
2:44:01 PM                                                                                                                    
                                                                                                                                
CHAIR  MCKAY inquired  about the  40-year  monitoring period  for                                                               
voluntary  programs and  asked whether  that would  be a  40-year                                                               
lease.   In  addition, he  shared his  understanding that  Native                                                               
corporations had participated in the California compliance cap-                                                                 
and-trade program.   He asked whether those  properties in Alaska                                                               
were under lease for 100 years.                                                                                                 
                                                                                                                                
MR. STRAUSS  explained that the  monitoring period is  the length                                                               
of time  that the landowner is  obligated to follow the  rules of                                                               
the program.   For the voluntary space, the  monitoring period is                                                               
a  40-year  flat commitment,  during  which  time the  volume  of                                                               
carbon stock  must be maintained  or increased  with verification                                                               
every  5 years;  inventory  updates every  10  years; and  annual                                                               
reports  on harvesting.    He contrasted  that  timeframe to  the                                                               
compliance space, which  has a monitoring period of  100 years, a                                                               
6-year  verification   period,  12-year  inventory,   and  annual                                                               
reporting.                                                                                                                      
                                                                                                                                
CHAIR MCKAY  asked for verification that  the Native corporations                                                               
that had sold credits in Alaska were under a compliance program.                                                                
                                                                                                                                
MR. STRAUSS indicated  that some of them were  under a compliance                                                               
program.                                                                                                                        
                                                                                                                                
2:48:33 PM                                                                                                                    
                                                                                                                                
MR.  STRAUSS  continued  the  presentation   on  slide  11,  "Key                                                               
Components  of  Offset  Quality,"   which  listed  the  following                                                               
principles:  Additionality, permanence,  verification/monitoring,                                                               
registration/serialization, leakage, reversal buffer.                                                                           
                                                                                                                                
2:53:20 PM                                                                                                                    
                                                                                                                                
MR. STRAUSS proceeded  to slide 12, "Alaska  DNR Pilot Projects,"                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
        • 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                                                                           
                                                                                                                                
2:55:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    SADDLER   asked    for   the    definition   of                                                               
"additionality."                                                                                                                
                                                                                                                                
MR. STRAUSS defined additionality as  the comparison of a project                                                               
to an alternate, hypothetical scenario,  otherwise referred to as                                                               
a "baseline.    In response  to a request for  clarification from                                                               
Representative Saddler,  he described  the baseline  scenario as,                                                               
"what is  likely or  very plausible  in the  absence of  a carbon                                                               
project."                                                                                                                       
                                                                                                                                
2:57:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MEARS  asked why  state projects  weren't eligible                                                               
for  the compliance  market.   In  addition,  she questioned  the                                                               
difference in  market rates between the  voluntary and compliance                                                               
markets.                                                                                                                        
                                                                                                                                
CHAIR  MCKAY clarified  that  HB 49  only  covered the  voluntary                                                               
market.  He asked Mr. Crowther whether that was accurate.                                                                       
                                                                                                                                
2:58:17 PM                                                                                                                    
                                                                                                                                
JOHN CROWTHER,  Deputy Commissioner, Office of  the Commissioner,                                                               
Department of  Natural Resources (DNR), shared  his understanding                                                               
that  under  current  protocols for  compliance  markets,  public                                                               
lands in  Alaska would not be  eligible.  For that  reason, HB 49                                                               
targeted the voluntary market.                                                                                                  
                                                                                                                                
REPRESENTATIVE  MEARS  asked  whether  there was  a  variance  in                                                               
credit value on the voluntary versus compliance market.                                                                         
                                                                                                                                
MR. STRAUSS  explained that  compliance credits  generally traded                                                               
for around $18.  However, he  predicted that a forest credit from                                                               
Alaska would trade at around $16 to $27.                                                                                        
                                                                                                                                
2:59:25 PM                                                                                                                    
                                                                                                                                
MR. STRAUSS walked the committee  through the project development                                                               
process on slide 14, "Anew  Services," which listed the following                                                               
stages:  project feasibility  analysis, contracting  and listing,                                                               
inventory,  modeling  and   documentation,  verification,  credit                                                               
registration and issuance, and credit sale.                                                                                     
                                                                                                                                
CHAIR MCKAY  gleaned that  this process would  be expensive.   He                                                               
asked how much it would cost and who would pay for it.                                                                          
                                                                                                                                
3:03:52 PM                                                                                                                    
                                                                                                                                
MR. STRAUSS  conveyed that Anew,  for example, covered  all costs                                                               
associated with  project development, which was  sometimes in the                                                               
millions, and  was only  reimbursed upon  successful sale  of the                                                               
credits.    Consequently,  he  shared   his  belief  that  Anew's                                                               
approach was appealing  to landowners because they  don't have to                                                               
allocate  public funds  to start  a  project.   He concluded  the                                                               
presentation on slide 15,  "Development Timeline," which depicted                                                               
the  approximately 18-month  timeline of  events from  starting a                                                               
project to getting credits issued.                                                                                              
                                                                                                                                
3:06:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked for the definition of "offset."                                                                    
                                                                                                                                
MR. STRAUSS  likened "offset"  to "credit" or  one metric  ton of                                                               
emissions reduction.                                                                                                            
                                                                                                                                
3:08:17 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced that HB 49 would be held over.                                                                            

Document Name Date/Time Subjects
HB50 CS - S.pdf HRES 3/1/2023 1:00:00 PM
HRES 3/8/2023 1:00:00 PM
HB 50
HB 50 Summary of Changes (A to S).pdf HRES 3/1/2023 1:00:00 PM
HRES 3/8/2023 1:00:00 PM
HB 50
HB 49 - Forest Carbon 101 - ANEW - 3.01.2023.pdf HRES 3/1/2023 1:00:00 PM
HB 49
HB 49 Overview Presentation DNR 03.01.23.pdf HRES 3/1/2023 1:00:00 PM
HRES 3/8/2023 1:00:00 PM
HB 49