71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 2200
LC 1101/HB 2200-1
HOUSE AMENDMENTS TO
HOUSE BILL 2200
By COMMITTEE ON AGRICULTURE AND FORESTRY
March 19
On page 1 of the printed bill, line 2, after '526.005 ' delete
the rest of the line and insert ', 526.725, 530.050 and
530.500.'.
Delete lines 4 through 30.
Delete pages 2 and 3 and insert:
' { + SECTION 1. + } { + Sections 2 to 5 of this 2001 Act
are added to and made a part of ORS chapter 526. + }
' { + SECTION 2. + } { + (1) The State Forester may enter
into agreements with nonfederal forest landowners as a means to
market, register, transfer or sell forestry carbon offsets on
behalf of the landowners to provide a stewardship incentive for
nonfederal forestlands.
' (2) The State Forester may enter into an agreement described
in this section if all of the following criteria are met:
' (a) The agreement must ensure continuous management of the
nonfederal forestlands at a standard that, in the judgment of the
State Forester, would not occur in the absence of the agreement.
' (b) Any forestry carbon offsets managed by the agreement must
be attributable to the subject nonfederal forestland as
determined by the forestry carbon offset accounting system
established in section 3 of this 2001 Act.
' (c) Prices for the transfer or sale of forestry carbon
offsets may be negotiated on behalf of the nonfederal forest
landowner and must be at or greater than fair market value.
' (d) The agreement must provide for the following distribution
of proceeds from the transfer or sale of forest carbon offsets
attributable to the subject nonfederal forestland:
' (A) Not less than 50 percent to the nonfederal forest
landowner;
' (B) Not more than 25 percent to the State Forester to fund
programs providing coordinated technical, financial or management
planning assistance to nonindustrial private forest landowners;
and
' (C) Not more than 25 percent to the State Forester to fund
administration of the forestry carbon offset program.
' (3) All revenues received and any interest earned on moneys
distributed to the State Forester under subsection (1)(d)(B) and
(C) of this section shall be credited to the State Forestry
Department Account and may be expended only for the purposes
stated in subsection (1)(d)(B) and (C) of this section.
' (4) A person or governmental agency may create a forestry
carbon offset by performing, financing or otherwise causing one
or more of the following activities:
' (a) Afforestation or reforestation of underproducing lands
that are not subject to required reforestation under the Oregon
Forest Practices Act;
' (b) Forest management activities not required under law
existing at the point of creation of the forestry carbon offset,
including but not limited to the following practices:
' (A) Stand density control treatments in overstocked,
underproducing stands of timber;
' (B) Silvicultural practices that increase forest stand
biomass, including but not limited to structure based management,
variable retention, uneven age management, longer rotation ages
and no harvest reserves;
' (C) Expanded riparian buffers and other leave areas; and
' (D) Deferred harvest rotations past 50 years or the age of
economic maturity, whichever is longer; and
' (c) Other activities as defined by rule by the State Board of
Forestry. + }
' { + SECTION 3. + } { + As a means of consistently
reporting forestry carbon offsets created through programs
established under ORS 526.725, 530.050 or 530.500 or sections 2
to 5 of this 2001 Act, the State Forester shall develop a
forestry carbon offset accounting system for the registration,
transfer or sale of forestry carbon offsets. The forestry carbon
offset accounting system shall:
' (1) Use accepted principles and standards relating to the
creation, measurement, accounting, marketing, verifying,
registering, transferring and selling of carbon offsets used as
mitigation for carbon dioxide emissions; and
' (2) Be consistent with any rules adopted by the State Board
of Forestry under section 4 of this 2001 Act. + }
' { + SECTION 4. + } { + (1) The State Board of Forestry may
develop administrative rules that define principles and standards
relating to the creation, measurement, accounting, marketing,
verifying, registering, transferring and selling of forestry
carbon offsets from nonfederal forestlands.
' (2) Rules adopted by the board under this section shall set
standards to ensure that in order to be marketed, registered,
transferred or sold, a forestry carbon offset must be created as
a result of forest management activities that:
' (a) Have the effect of increasing carbon storage on
forestlands as measured by a forestry carbon offset accounting
system;
' (b) Would not otherwise occur but for the carbon storage
objective; and
' (c) Provide environmental, social and economic benefits for
Oregon and its citizens, including but not limited to, protection
or enhancement of long term timber supplies, native fish and
wildlife habitat and water quality.
' (3) Rules adopted by the board under this section shall
establish principles to ensure that the forestry carbon offset
accounting system shall:
' (a) Account for relevant sources of carbon dioxide emission
debits and credits for carbon storage or sequestration;
' (b) Account for the duration and permanence of the carbon
dioxide storage or emission reductions;
' (c) Include provisions for establishing the appropriate
baseline for projects, practices, rotation ages, harvest
schedules and ownership from which measured carbon dioxide
emission debits, and credits for carbon storage or sequestration
are made;
' (d) Account for other relevant and measurable greenhouse gas
consequences, specifically credits and debits expressed as a
carbon dioxide emissions equivalent, when establishing baselines
or otherwise as appropriate;
' (e) Account for the specific forest management practices used
on-site and include provisions for monitoring carbon dioxide
emission debits and credits for carbon storage or sequestration,
from the implementation of specific practices;
' (f) Account for continuing carbon dioxide emission debits,
and credits for carbon storage or sequestration, based on the end
product use of harvested biomass;
' (g) Account for environmental, social and economic benefits
of forestry carbon offsets and ensure that practices with
unsustainable, long term consequences are not used to create
forestry carbon offsets;
' (h) Allow for public access to information in monitoring
reports; and
' (i) Encourage third-party verification of forestry carbon
offsets.
' (4) Rules adopted by the board under this section may address
qualifications for persons and agencies that provide third-party
verification and registration of forestry carbon offsets.
' (5) Rules adopted by the board under this section shall be
developed with the assistance of an advisory committee appointed
by the board. The advisory committee shall consist of at least
nine persons and shall contain:
' (a) Persons from businesses, governmental agencies and
nongovernmental organizations with knowledge and experience in
the accounting of greenhouse gas emissions, sequestration and
storage;
' (b) At least one person from a nongovernmental forestry
conservation organization;
' (c) At least one nonindustrial private forest landowner or a
representative of an organization that represents nonindustrial
private forest landowners;
' (d) One representative of the Office of Energy;
' (e) One representative of the State Department of Fish and
Wildlife, or a designee of the State Department of Fish and
Wildlife;
' (f) One representative of the Department of Environmental
Quality, or a designee of the Department of Environmental
Quality;
' (g) At least one representative from a qualified
organization, as defined in ORS 469.503; and
' (h) At least one representative from the State Forestry
Department who shall serve as the secretary to the advisory
committee. + }
' { + SECTION 5. + } { + Nothing in ORS 526.005, 526.725,
530.050 or 530.500 or sections 2 to 5 of this 2001 Act shall
prohibit any person or governmental agency from marketing,
selling or transferring forestry carbon offsets independently
from the State Forester program established under ORS 526.725,
530.050 or 530.500 or sections 2 to 5 of this 2001 Act. Rules
adopted by the State Board of Forestry pursuant to section 4 of
this 2001 Act may not prohibit any person from marketing, selling
or transferring forestry carbon offsets using principles and
standards different than those adopted by the board. + }
' { + SECTION 6. + } ORS 526.005 is amended to read:
' 526.005. As used in this chapter, unless the context
otherwise requires:
' (1) 'Board' means the State Board of Forestry.
' (2) 'Certified Burn Manager' means an individual, other than
the forester, who is currently certified under a program
established pursuant to ORS 526.360 (3).
' (3) 'Department' means the State Forestry Department.
' (4) 'Forester' means the State Forester or the authorized
representative of the forester.
' (5) 'Forestland' means any woodland, brushland, timberland,
grazing land or clearing, which, during any time of the year,
contains enough forest growth, slashing or vegetation to
constitute, in the opinion of the forester, a fire hazard,
regardless of how the land is zoned or taxed.
' { + (6) 'Forestry carbon offset' means a transferable unit
based on a measured amount of carbon storage expressed as a
carbon dioxide emission equivalent, or other equivalent standard,
and accruing on forestland as live or dead matter in trees,
shrubs, forest litter and soil. + }
' { - (6) - } { + (7) + } 'Nonindustrial private forest
landowner' means any forest landowner who does not own a forest
products manufacturing facility that employs more than six
people.
' { - (7) - } { + (8) + } 'Nonindustrial private forestland'
means any forestland owned by a nonindustrial private forest
landowner.
' { + SECTION 7. + } ORS 526.725 is amended to read:
' 526.725. (1) The State Board of Forestry { + or the State
Forester + } may enter into agreements with { - other - }
private { + , + } { - or - } governmental { + or other + }
organizations and may accept contributions, gifts or grants from
any source to carry out the duties, functions and powers of the
Forest Resource Trust. All moneys received by the board { + or
the State Forester + } pursuant to this section shall be
deposited in the Forest Resource Trust Fund.
' (2) The board may acquire, on behalf of the Forest Resource
Trust, through exchange, lease or purchase, land only to the
extent necessary to carry out the duties, functions and powers of
the trust.
' (3) Agreements with private { + , governmental or other
organizations + } { - parties - } under subsection (1) of this
section may specify the terms under which funds are invested and
benefits accrue to the { - private - } { + contributing + }
party to the extent the agreement is consistent with the
provisions of ORS 526.700 to 526.775.
' { + (4) The State Forester may, on behalf of the Forest
Resource Trust, market, register, transfer or sell forestry
carbon offsets attributable to the lands enrolled in the stand
establishment program under ORS 526.715. Prices for the transfer
or sale of forestry carbon offsets may be negotiated but must be
at or greater than fair market value. + }
' { - (4) - } { + (5) + } Nothing in ORS 526.700 to 526.775
is intended to create an enforceable trust on any agency or
officer of the State of Oregon.
' { + SECTION 8. + } ORS 530.050 is amended to read:
' 530.050. Under the authority and direction of the State Board
of Forestry except as otherwise provided for the sale of forest
products, the State Forester shall manage the lands acquired
pursuant to ORS 530.010 to 530.040 so as to secure the greatest
permanent value of such lands to the state, and to that end may:
' (1) Protect the lands from fire, disease and insect pests,
cooperate with the counties and with persons owning lands within
the state in such protection and enter into all agreements
necessary or convenient therefor.
' (2) Sell forest products from the lands, and execute mining
leases and contracts as provided for in ORS 273.551.
' (3) Permit the use of the lands for other purposes, including
but not limited to forage and browse for domestic livestock, fish
and wildlife environment, landscape effect, protection against
floods and erosion, recreation, and protection of water supplies
when, in the opinion of the board, such use is not detrimental to
the best interest of the state.
' (4) Grant easements, permits and licenses over, through and
across the lands; also, may require and collect reasonable fees
or charges relating to the location and establishment of
easements, permits and licenses granted by the state over such
lands, which moneys shall be used for the expenses of such
location and establishment. Any moneys derived hereunder shall be
placed in the State Forestry Department Account and used
exclusively for such purposes.
' (5) Require and collect fees or charges for the use of state
forest roads, which moneys shall be used for purposes of
maintenance and improvements of such roads. Any moneys derived
hereunder shall be placed in the State Forestry Department
Account and used exclusively for such purposes.
' (6) Reforest the lands and cooperate with the counties, and
with persons owning timberlands within the state, in such
reforestation, and make all agreements necessary or convenient
therefor.
' (7) Require such undertakings as in the opinion of the board
are necessary or convenient to secure performance of any contract
entered into under the terms of this section, or ORS 273.551.
' (8) Sell rock, sand, gravel, pumice and other such materials
from the lands; such sale may be negotiated without bidding
provided the appraised value of such does not exceed $2,500.
' (9) Enter into agreements, each for not more than 10 years
duration, for the production of minor forest products.
' { + (10) Establish a forestry carbon offset program to
market, register, transfer or sell forestry carbon offsets. In
establishing the program, the forester may:
' (a) Execute any contracts or agreements necessary to create
opportunities for the creation of forestry carbon offsets; and
' (b) Negotiate prices that are at, or greater than, fair
market value for the transfer or sale of forestry carbon
offsets. + }
' { - (10) - } { + (11) + } Do all things and make all
rules, not inconsistent with law, necessary or convenient for the
management, protection, utilization and conservation of the
lands.
' { + SECTION 9. + } ORS 530.500 is amended to read:
' 530.500. In order to accomplish the purposes of ORS 530.490,
the State Forester may:
' (1) Protect the lands from fire, disease and insect pests,
cooperate with the counties and with persons owning lands within
the state in such protection and enter into all agreements
necessary or convenient therefor.
' (2) Sell forest products from the lands and execute contracts
thereby required.
' (3) Permit the use of the lands for other purposes, including
but not limited to fish and wildlife environment, landscape
effect, protection against flood and erosion, recreation and
production and protection of water supplies when such use is not
detrimental to the purpose for which such lands are dedicated.
' (4) Contract with other governmental bodies for the
protection of water supplies to facilitate the multiple use of
publicly owned water supplies for recreational purposes as well
as a source of water for domestic and industrial use.
' (5) Grant permits and licenses on, over and across the lands.
' (6) Reforest the lands and cooperate with persons owning
timberlands within the state in such reforestation, and make all
agreements necessary or convenient therefor.
' { + (7) Establish a forestry carbon offset program to
market, register, transfer or sell forestry carbon offsets. In
establishing the program, the forester may:
' (a) Execute any contracts or agreements necessary to create
opportunities for the creation of forestry carbon offsets; and
' (b) Negotiate prices that are at, or greater than, fair
market value for the transfer or sale of forestry carbon
offsets. + }
' { - (7) - } { + (8) + } Do all things and make all rules
and regulations, not inconsistent with law, necessary or
convenient for the management, protection, utilization and
conservation of the lands.
' { - (8) - } { + (9) + } Require such undertakings as in
the opinion of the State Forester are necessary or convenient to
secure performance of any agreement authorized in ORS 530.450 to
530.520.'.
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