HB0047 - Carbon storage.

 

2001

State of Wyoming

01LSO-0003

 

 

 

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 an appropriation; and
 5  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)  Two (2) members who are producers of field
19  crops at least one (1) of whom actively employs a minimum
20  tillage management system in his farming operation;

21 

22              (vii)  Two (2) members who are producers of
23  livestock at least one (1) of whom is actively involved in
24  range management;

 

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 1 

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

 4 

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

 7 

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

10 

11              (xi)  One (1) member representing the
12  transportation industry.

13 

14         (b)  Members of the committee shall serve without
15  compensation but shall be reimbursed for their actual and
16  necessary expenses as provided by law. For administrative
17  purposes, the committee is assigned to the department of
18  agriculture, and the department shall assist the committee
19  with administrative and operational support.

20 

21         Section 3.  Carbon sequestration advisory committee;
22  duties.

23 

 

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 1         (a)  The carbon sequestration advisory committee
 2  shall:

 3 

 4              (i)  Advise and assist the director of the
 5  department of agriculture in preparing the reports required
 6  by this act and in conducting the assessment pursuant to
 7  section 5 of this act;

 8 

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

21 

22              (iii)  Encourage the production of educational
23  and advisory materials regarding carbon sequestration on

 

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 1  agricultural lands and participation in systems of carbon
 2  or greenhouse emissions trading; and

 3 

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

 7 

 8         Section 4.  Report; contents.

 9 

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

15 

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

18 

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

22 

23              (iii)  Agricultural practices, management systems
24  or land uses which increase stored soil carbon and minimize

 

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 1  carbon dioxide or other greenhouse emissions associated
 2  with agricultural production;

 3 

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

11 

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

16 

17              (vi)  Any recommendations of the carbon
18  sequestration advisory committee developed pursuant to
19  section 3 of this act.

20 

21         Section 5.  Director; powers; duties.

22 

23         (a)  In consultation with the carbon sequestration
24  advisory committee, the director of the department of

 

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 1  agriculture shall assess agricultural lands in Wyoming for
 2  past carbon sequestration and future carbon sequestration
 3  potential. The assessment shall seek to quantify carbon
 4  sequestration associated with various agricultural
 5  practices, management systems and land uses occurring on
 6  agricultural lands in this state. On or before January 1,
 7  2002, the director shall publish a report of the findings.
 8  From time-to-time, the director may update the findings as
 9  advancements in understanding of the processes of carbon
10  sequestration and new data become available.

11 

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

22 

 

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

 4 

 5         Section 6.  Fund created; use; investment.

 6 

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

15 

16         Section 7.  There is appropriated from the general
17  fund to the department of agriculture thirty-five thousand
18  six hundred dollars ($35,600.00), or as much thereof as is
19  necessary, for purposes of this act.

20 

 

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

 5 

 6                         (END)

 

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