71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1101
House Bill 2200
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for State Forestry Department)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Allows State Forester to establish program for creating
forestry carbon offsets. Allows trading of forestry carbon
offsets for carbon dioxide emissions. Defines forestry carbon
offset. Authorizes State Forester to market, register, transfer
or sell offsets on behalf of state forestlands, nonfederal
landowners and Forest Resource Trust.
A BILL FOR AN ACT
Relating to forestry carbon offsets; creating new provisions; and
amending ORS 526.005 and 526.725.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2001 Act are added to
and made a part of ORS chapter 526. + }
SECTION 2. { + (1) The State Forester may establish a forestry
carbon offset program to market, register, transfer or sell
forestry carbon offsets created under this section. In
establishing forestry carbon offsets under this chapter or ORS
530.050 or 530.500, the State Forester may:
(a) Execute any contracts or agreements necessary to create
opportunities for the creation of forestry carbon offsets.
(b) Negotiate prices for the transfer or sale of forestry
carbon offsets. Prices negotiated by the forester must be at or
greater than fair market value.
(2) As a means of consistently measuring, verifying and
reporting forestry carbon offsets for the purpose of marketing,
registering, transferring or selling forestry carbon offsets as
mitigation for carbon dioxide emissions, the State Forester may
develop a forestry carbon accounting system.
(3) A person may create a forestry carbon offset by performing
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 existing
law, including but not limited to the following:
(A) Stabilizing carbon pools from wildfire risk through forest
health treatments;
(B) Increasing forest stand biomass through the use of
alternative silvicultural practices;
(C) Expanding riparian buffers and other leave areas; and
(D) Deferring harvest rotations beyond economic maturity; and
(c) Other activities as defined by rule by the State Board of
Forestry.
(4) In order to be marketed, registered, transferred or sold
under this section, a forestry carbon offset must be created as a
consequence of forest management activities that:
(a) Have the effect of increasing carbon storage; and
(b) Would not otherwise occur but for the carbon storage
objective.
(5) The board may develop administrative rules relating to the
creation, measurement, marketing, registration, transfer and sale
of forestry carbon offsets.
(6) Forestry carbon offsets created under this section are not
forest products for purposes of ORS 321.005 and 526.735. + }
SECTION 3. { + (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. 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 continued 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 accounting system.
(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) 50 percent to the nonfederal forest landowner;
(B) 25 percent to the State Forester to fund programs providing
coordinated technical, financial or management planning
assistance to nonindustrial private forest landowners; and
(C) 25 percent to the State Forester to fund administration of
the forestry carbon offset program.
(2) 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. + }
SECTION 4. 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 and accruing on forestland 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 5. 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 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 and 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.
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