HB0047 - Carbon storage.

 

2001

State of Wyoming

01LSO-0003.E1

ENGROSSED

 

 

 

HOUSE BILL NO.  HB0047

 

 

Carbon storage.

 

Sponsored by:

 

 

A BILL

 

for

 

 1  AN ACT relating to carbon storage; providing for the
 2  creation of the carbon sequestration advisory committee;
 3  providing for duties of the committee; providing for a
 4  report; creating a fund; providing a repealer; providing an
 5  appropriation; and providing for an effective date.

 6 

 7  Be It Enacted by the Legislature of the State of Wyoming:

 8 

 9         Section 1.  Legislative intent.

10 

11  Increasing levels of carbon dioxide and other greenhouse
12  gases in the atmosphere have led to growing interest in
13  national and international forums for implementing measures
14  to slow and reverse the buildup of such atmospheric
15  constituents. Such measures may potentially include the
16  establishment of systems of trading in credits for adoption
17  of practices, technologies or other measures which decrease

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 1  net emissions of carbon dioxide and other greenhouse gases.
 2  Improved agricultural production methods, soil conservation
 3  practices and other methods of stewardship of soil
 4  resources have great potential to increase carbon
 5  sequestration on agricultural lands and help offset carbon
 6  dioxide emissions from other sectors of the economy. It is
 7  in the interest of agricultural producers and the public in
 8  general that the director of department of agriculture
 9  document and quantify carbon sequestration and greenhouse
10  emissions reductions associated with agricultural
11  practices, management systems and land uses occurring on
12  cropland and rangeland in Wyoming. It is the intent of the
13  legislature that efforts to quantify and verify carbon
14  sequestration on agricultural land will enhance the ability
15  of the state's agricultural landowners to participate in
16  any system of carbon or greenhouse emissions marketing or
17  trading.

18 

19         Section 2.  Carbon sequestration advisory committee;
20  expenses.

21 

22         (a)  The carbon sequestration advisory committee is
23  created. The committee shall consist of the following
24  members all of whom shall be appointed by the governor:

 

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 1 

 2              (i)  The director of the department of
 3  agriculture or his designee;

 4 

 5              (ii)  The director of the department of
 6  environmental quality or his designee;

 7 

 8              (iii)  One (1) member representing the Natural
 9  Resources Conservation Service of the United States
10  Department of Agriculture;

11 

12              (iv)  One (1) member representing the University
13  of Wyoming department of agriculture;

14 

15              (v)  One (1) member representing an entity which
16  generates electrical energy;

17 

18              (vi)  One (1) member who is a producer of field
19  crops actively employing a minimum tillage management
20  system in his farming operation;

21 

22              (vii)  One (1) member who is a producer of
23  livestock actively involved in range management;

24 

 

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 1              (viii)  One (1) member with expertise in
 2  greenhouse emissions marketing or trading;

 3 

 4              (ix)  One (1) member representing conservation
 5  districts;

 6 

 7              (x)  One (1) member representing the ethanol
 8  industry;

 9 

10              (xi)  One (1) member representing the
11  transportation industry;

12 

13              (xii)  One (1) member representing the
14  agricultural research service, United States department of
15  agriculture, high plains grasslands research station; and

16 

17              (xiii)  One (1) member representing the oil and
18  gas industry.

19 

20         (b)  Members of the committee shall serve without
21  compensation but shall be reimbursed for their actual and
22  necessary expenses as provided by law. For administrative
23  purposes, the committee is assigned to the department of

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 1  agriculture, and the department shall assist the committee
 2  with administrative and operational support.

 3 

 4         Section 3.  Carbon sequestration advisory committee;
 5  duties.

 6 

 7         (a)  The carbon sequestration advisory committee
 8  shall:

 9 

10              (i)  Advise and assist the director of the
11  department of agriculture in preparing the reports required
12  by this act and in conducting the assessment pursuant to
13  section 5 of this act;

14 

15              (ii)  Recommend policies or programs to enhance
16  the ability of Wyoming agricultural landowners to
17  participate in systems of carbon trading. Such
18  recommendations shall include potential policies or
19  programs designed to optimize economic benefits to
20  agricultural producers participating in carbon trading
21  transactions. Such policies or programs may include, but
22  are not limited to, identifying existing or the potential
23  of creating nonprofit organizations or other public or
24  private entities capable of serving as assemblers of carbon

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 1  credits or as intermediaries on behalf of producers in
 2  carbon trading systems;

 3 

 4              (iii)  Encourage the production of educational
 5  and advisory materials regarding carbon sequestration on
 6  agricultural lands and participation in systems of carbon
 7  or greenhouse emissions trading; and

 8 

 9              (iv)  Identify and recommend areas of research
10  needed to better understand and quantify the processes of
11  carbon sequestration on agricultural lands.

12 

13         Section 4.  Report; contents.

14 

15         (a)  On or before December 1, 2001, the director of
16  the department of agriculture, in consultation with the
17  carbon sequestration advisory committee, shall prepare a
18  report to the legislature. The report shall include, but
19  not be limited to:

20 

21              (i)  The potential for, and potential forms of,
22  greenhouse emissions regulation;

23 

 

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 1              (ii)  The potential for development of a system
 2  or systems of carbon emissions trading or markets for
 3  carbon sequestered on agricultural land;

 4 

 5              (iii)  Agricultural practices, management systems
 6  or land uses which increase stored soil carbon and minimize
 7  carbon dioxide or other greenhouse emissions associated
 8  with agricultural production;

 9 

10              (iv)  Methods for measuring and modeling net
11  carbon sequestration and greenhouse emissions reduction
12  associated with various agricultural practices, management
13  systems or land uses occurring on agricultural land and
14  legislation, if any, to define and protect property rights
15  in and attendant to carbon sequestration and greenhouse
16  emissions;

17 

18              (v)  Areas of scientific uncertainty with respect
19  to quantifying and understanding greenhouse emission
20  reductions or soil carbon sequestration associated with
21  agricultural activities; and

22 

 

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 1              (vi)  Any recommendations of the carbon
 2  sequestration advisory committee developed pursuant to
 3  section 3 of this act.

 4 

 5         Section 5.  Director; powers; duties.

 6 

 7         (a)  In consultation with the carbon sequestration
 8  advisory committee, the director of the department of
 9  agriculture shall assess agricultural lands in Wyoming for
10  past carbon sequestration and future carbon sequestration
11  potential. The assessment shall seek to quantify carbon
12  sequestration associated with various agricultural
13  practices, management systems and land uses occurring on
14  agricultural lands in this state. On or before January 1,
15  2002, the director shall publish a report of the findings.
16  From time-to-time, the director may update the findings as
17  advancements in understanding of the processes of carbon
18  sequestration and new data become available.

19 

20         (b)  The assessment shall be conducted in a manner
21  that shall provide a means for owners of agricultural land
22  to estimate past and future net carbon sequestration
23  resulting from agricultural practices, conservation
24  measures, management systems and land uses occurring on

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 1  their property. The director of the department of
 2  agriculture may contract and cooperate with the Natural
 3  Resources Conservation Service of the United States
 4  Department of Agriculture to conduct assessment activities
 5  provided for in this section.

 6 

 7         (c)  The director may apply for and accept grants,
 8  gifts, or other sources of public and private funds to
 9  carry out the purposes of this act.

10 

11         Section 6.  Fund created; use; investment.

12 

13  The carbon sequestration assessment cash fund is created.
14  The fund shall be used to carry out the purposes of this
15  act. The state treasurer shall credit to the fund any money
16  appropriated to the fund by the legislature and any money
17  received as gifts, grants or other contributions from
18  public or private sources obtained for the purposes of this
19  act. Any money in the fund available for investment shall
20  be invested by the state treasurer as provided by law.

21 

22         Section 7.  There is appropriated from the general
23  fund to the department of agriculture thirty-five thousand

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 1  six hundred dollars ($35,600.00), or as much thereof as is
 2  necessary, for purposes of this act.

 3 

 4         Section 8.  This act is repealed effective July 1,
 5  2005.

 6 

 7         Section 9.  This act is effective immediately upon
 8  completion of all acts necessary for a bill to become law
 9  as provided by Article 4, Section 8 of the Wyoming
10  Constitution.

11 

12                         (END)

 

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