ORIGINAL HOUSE ENGROSSED

BILL NO. 0047

ENROLLED ACT NO. 107, HOUSE OF REPRESENTATIVES

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

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

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

Section 1. Carbon sequestration advisory committee;
expenses.

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

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

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

(iii) The Wyoming state forester or his
designee;

(iv) One (1) member representing the Natural
Resources Conservation Service of the United States
Department of Agriculture;

(v) One (1) member representing the University
of Wyoming college of agriculture;

(vi) One (1) member representing an entity which
generates electrical energy;

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

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

(ix) One (1) member who is a forest landowner;

(x) One (1) member who is a forest products
manufacturer;

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

(xii) One (1) member representing conservation
districts;

(xiii) One (1) member representing the ethanol
industry;

(xiv) One (1) member representing the
transportation industry;

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

(xvi) One (1) member representing the oil and
gas industry.

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

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

Section 2. Carbon sequestration advisory committee;
duties.

(a) The carbon sequestration advisory committee
shall:

(i) Advise and assist the director of the
department of agriculture in preparing the reports required
by this act and in conducting the assessment pursuant to
section 4 of this act;

(ii) Recommend policies or programs to enhance
the ability of Wyoming agricultural and forest landowners
to participate in systems of carbon trading. Such
recommendations shall include potential policies or
programs designed to optimize economic benefits to
agricultural and forest producers participating in carbon
trading transactions. Such policies or programs may
include, but are not limited to, identifying existing or
the potential of creating nonprofit organizations or other
public or private entities capable of serving as assemblers
of carbon credits or as intermediaries on behalf of
producers in carbon trading systems;

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

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

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Section 3. Report; contents.

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

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

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

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

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

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

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

Section 4. Director; powers; duties.

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

(b) The assessment shall be conducted in a manner
that shall provide a means for owners of agricultural and
forest land to estimate past and future net carbon
sequestration resulting from agricultural and forest
practices, conservation measures, management systems and
land uses occurring on their property. The director of the
department of agriculture may contract and cooperate with
the Natural Resources Conservation Service and Forest
Service of the United States Department of Agriculture to
conduct assessment activities provided for in this section.

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

Section 5. Fund created; use; investment.

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

Section 6.  There is a one (1) time appropriation from
the budget reserve account to the department of agriculture
thirty-five thousand six hundred dollars ($35,600.00), or
as much thereof as is necessary, for purposes of this act.

Section 7.  This act is repealed effective July 1,
2002.

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

(END)

Speaker of the House President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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