Legislature(2003 - 2004)

2003-05-07 House Journal

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2003-05-07                     House Journal                      Page 1425
HB 283                                                                                            
The following was read the second time:                                                             
     HOUSE BILL NO. 283                                                                             
     "An Act relating to limitations on coal leases."                                               
with the:                                                    Journal Page                           
 RES RPT 7DP                                                         1351                           
 FN1: ZERO(DNR)                                                      1351                           
Amendment No. 1 was offered  by Representative Berkowitz:                                            
Page 1, line 1, following "leases" (title amendment):                                             
 Insert "; relating to carbon sequestration; and providing for an                                 
effective date"                                                                                   
Page 1, following line 13:                                                                          
 Insert new bill sections to read:                                                                  

2003-05-07                     House Journal                      Page 1426
"* Sec. 2.  AS 44.37 is amended by adding new sections to read:                                   
      Sec. 44.37.200.  Carbon Sequestration Advisory                                              
     Committee.  (a)  The Carbon Sequestration Advisory Committee                                 
     is created in the Department of Natural Resources.  The committee                              
     consists of the following members, who are appointed by and                                    
     serve at the pleasure of the governor:                                                         
       (1)  the chair of the Board of Agriculture and                                               
     Conservation (AS 03.09.010);                                                                   
       (2)  one member of the Natural Resource Conservation                                         
     and Development Board (AS 41.10.040);                                                          
       (3)  one member of a soil and water conservation district;                                   
       (4)  the director of the division of agriculture, Department                                 
     of Natural Resources, or the director's designee;                                              
      (5)  the state forester, or a designee of the state forester;                                
       (6)  the director of the division of lands, Department of                                    
     Natural Resources, or the director's designee;                                                 
       (7)  a director in the Department of Environmental                                           
     Conservation with expertise in air and water quality issues, or the                            
     director's designee;                                                                           
       (8)  one person with expertise in carbon sequestration and                                   
       (9)  one employee each, with suitable expertise, from the                                    
     United States Forest Service, the Bureau of Land Management,                                   
     and the United States Department of the Interior;                                              
         (10)  one person representing Native forest landowners;                                   
       (11)  one person representing the fossil fuel industry; and                                  
       (12)  one person representing an environmental protection                                    
     or conservation organization.                                                                  
      (b)  Members of the advisory committee created in this                                        
     section do not receive compensation, but are entitled to per diem                              
     and travel expenses authorized for boards and commissions under                                
     AS 39.20.180.                                                                                  
      (c)  The Department of Natural Resources shall assist the                                     
     committee with administrative support as reasonably requested by                               
     the committee.                                                                                 
           (d)  The Carbon Sequestration Advisory Committee may                                    
       (1)  advise and assist the commissioner in preparing the                                     
     reports required by this chapter and in conducting the assessment                              
     required under AS 44.37.210;                                                                   

2003-05-07                     House Journal                      Page 1427
       (2)  recommend policies or programs to enhance the                                           
     ability of the state to participate in systems of carbon trading; the                          
     recommendations must include potential policies or programs                                    
     designed to optimize economic benefits to private landowners                                   
     participating in carbon transactions; the policies or programs may                             
     include identifying existing nonprofit organizations or other                                  
     public or private entities 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;                                                           
       (3)  encourage the production of educational and advisory                                    
     materials regarding carbon sequestration on state and private land                             
     and participation in systems of carbon or greenhouse emissions                                 
       (4)  identify and recommend areas of research needed to                                      
     better understand and quantify the process of carbon                                           
     sequestration; and                                                                             
       (5)  review the carbon sequestration programs and                                            
     policies of other states.                                                                      
     Sec. 44.37.210.  Assessment by the commissioner.  (a)  In                                    
     consultation with the Carbon Sequestration Advisory Committee                                  
     established under AS 44.37.200, the commissioner shall assess                                  
     state and private land in the state for past carbon sequestration and                          
     future carbon sequestration potential.  The assessment shall seek                              
     to quantify carbon sequestration associated with agricultural,                                 
     forest, soil, and land management systems in this state.  From time                            
     to time, the commissioner may update the findings as                                           
     advancements in understanding of the processes of carbon                                       
     sequestration and new data become available.                                                   
      (b)  The assessment required under this section shall be                                      
     conducted in a manner that provides a means for the state and                                  
     owners of private land to estimate past and future net carbon                                  
     sequestration resulting from agricultural and forestry practices,                              
        conservation measures, management systems, and land uses.                                  
     Sec. 44.37.220.  Definitions.  In AS 44.37.200 - 44.37.220,                                  
       (1)  "carbon sequestration" means the long-term storage                                      
     of carbon in forests, soils, the ocean, and other carbon sinks;                                
       (2)  "commissioner" means the commissioner of natural                                        

2003-05-07                     House Journal                      Page 1428
   * Sec. 3.  The uncodified law of the State of Alaska is amended by                             
adding a new section to read:                                                                       
REPORT TO THE LEGISLATURE.  On or before January 31, 2004,                                          
the commissioner of natural resources, in consultation with the Carbon                              
Sequestration Advisory Committee established under AS 44.37.200,                                    
enacted by sec. 2 of this Act, shall prepare a report to the legislature.                           
The report must include a discussion of                                                             
  (1)  the potential for, and potential forms of, greenhouse                                        
emissions regulation;                                                                               
  (2)  the potential for development of a system or systems of                                      
carbon emissions trading or markets for carbon sequestered on state                                 
and private land;                                                                                   
  (3)  agricultural, forest, and soil management systems or land                                    
uses that increase stored soil carbon;                                                              
  (4)  methods for measuring and modeling net carbon                                                
sequestration associated with various agricultural, forestry, and soil                              
practices, management systems, or land uses occurring on state and                                  
private land;                                                                                       
  (5)  areas of scientific uncertainty with respect to quantifying                                  
and understanding carbon sequestration associated with soil and forest                              
management activities;                                                                              
  (6)  recommendations of the Carbon Sequestration Advisory                                         
Committee developed under AS 44.37.200;                                                             
  (7)  the assessment as described in AS 44.37.210.                                                 
   * Sec. 4.  Sections 2 and 3 of this Act take effect July 1, 2003."                             
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 1 be adopted.                                                                         
Representative Fate objected.                                                                       
Representative Berkowitz moved and asked unanimous consent to                                       
withdraw Amendment No. 1.  There being no objection, it was so                                      
Representative Coghill moved and asked unanimous consent that                                       
HB 283 be considered engrossed, advanced to third reading, and                                      
placed on final passage.  There being no objection, it was so ordered.                              

2003-05-07                     House Journal                      Page 1429
HB 283 was read the third time.                                                                     
HB 283                                                                                            
The following, which had been read a third time, was before the                                     
     HOUSE BILL NO. 283                                                                             
     "An Act relating to limitations on coal leases."                                               
The question being:  "Shall HB 283 pass the House?"  The roll was                                   
taken with the following result:                                                                    

2003-05-07                     House Journal                      Page 1430
HB 283                                                                                              
Third Reading                                                                                       
Final Passage                                                                                       
YEAS:  34   NAYS:  1   EXCUSED:  3   ABSENT:  2                                                   
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Dahlstrom, Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris,                                      
Hawker, Heinze, Holm, Kerttula, Kohring, Kookesh, Kott, Lynn,                                       
Masek, McGuire, Meyer, Morgan, Ogg, Rokeberg, Samuels, Seaton,                                      
Stoltze, Weyhrauch, Whitaker, Wilson, Wolf                                                          
Nays:  Gara                                                                                         
Excused:  Croft, Joule, Kapsner                                                                     
Absent:  Moses, Williams                                                                            
And so, HB 283 passed the House and was referred to the Chief Clerk                                 
for engrossment.