[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7393 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7393
To authorize the Secretary of Agriculture to develop a program to
reduce barriers to entry for farmers, ranchers, and private forest
landowners in certain private markets, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 26, 2020
Ms. Spanberger (for herself, Mr. Bacon, Ms. Pingree, Ms. Stefanik, Mr.
Lujan, Mr. Fortenberry, Mr. Tonko, Mr. Baird, Mr. Harder of California,
and Mr. Katko) introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To authorize the Secretary of Agriculture to develop a program to
reduce barriers to entry for farmers, ranchers, and private forest
landowners in certain private markets, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Growing Climate Solutions Act of
2020''.
SEC. 2. GREENHOUSE GAS TECHNICAL ASSISTANCE PROVIDER AND THIRD-PARTY
VERIFIER CERTIFICATION PROGRAM.
Chapter 5 of subtitle D of title XII of the Food Security Act of
1985 is amended by inserting after section 1240M (16 U.S.C. 3839bb) the
following:
``SEC. 1240N. GREENHOUSE GAS TECHNICAL ASSISTANCE PROVIDER AND THIRD-
PARTY VERIFIER CERTIFICATION PROGRAM.
``(a) Purposes.--The purposes of this section are--
``(1) to encourage sustainable, climate-friendly farming
and forestry practices by providing to farmers, ranchers, and
private forest landowners access to private-sector capital;
``(2) to facilitate the participation of farmers, ranchers,
and private forest landowners in greenhouse gas credit markets,
including through the Program;
``(3) to provide technical assistance to farmers, ranchers,
and private forest landowners in overcoming barriers to entry
into greenhouse gas credit markets;
``(4) to assist covered entities in registering under the
Program; and
``(5) to establish the Advisory Council to advise the
Secretary regarding the Program and other related matters.
``(b) Definitions.--In this section:
``(1) Advisory council.--The term `Advisory Council' means
the Greenhouse Gas Technical Assistance Provider and Third-
Party Verifier Certification Program Advisory Council
established under subsection (g)(1).
``(2) Covered entity.--The term `covered entity' means a
person or State that--
``(A) is a provider of a technical assistance to
farmers, ranchers, or private forest landowners in
carrying out sustainable land use management practices
that, as compared to traditional practices--
``(i) prevent or mitigate greenhouse gas
emissions; or
``(ii) sequester carbon; or
``(B) is a third-party entity that conducts the
verification of the processes described in protocols
for greenhouse gas credit markets.
``(3) Greenhouse gas.--The term `greenhouse gas' means--
``(A) carbon dioxide;
``(B) methane;
``(C) nitrous oxide; and
``(D) any other gas that the Secretary, in
consultation with the Advisory Council, determines has
been identified to have heat trapping qualities.
``(4) Program.--The term `Program' means the Greenhouse Gas
Technical Assistance Provider and Third-Party Verifier
Certification Program established under subsection (c).
``(5) Protocol.--The term `protocol' means a systematic
approach that follows a science-based methodology that is
conservative, transparent, and thorough to establish
requirements--
``(A) for the development of the one or more
baseline scenarios for a project to reduce greenhouse
gas emissions or sequester carbon; and
``(B) to quantify, monitor, report, and verify
emissions reductions or sequestration by a project
described in subparagraph (A).
``(6) Technical assistance.--The term `technical
assistance' means technical expertise, information, and tools
necessary for activities carried out under this section.
``(c) Establishment of Program.--The Secretary shall establish a
voluntary program, to be known as the `Greenhouse Gas Technical
Assistance Provider and Third-Party Verifier Certification Program', to
certify covered entities that the Secretary determines meet the
standards described in subsection (d).
``(d) Standards.--
``(1) In general.--The Secretary, in consultation with the
Advisory Council, shall publish a list and description of
standards that accomplish the purposes described in paragraphs
(1) and (2) of subsection (a) and are taken from widely used
industry protocols for greenhouse gas credit markets (including
calculations, sampling methodologies, accounting principles,
systems for verification, monitoring, and reporting, and
methods to account for additionality, permanence, and leakage,
where appropriate) that covered entities registered under the
Program shall maintain expertise in and adhere to, as
appropriate, for--
``(A) the provision of technical assistance to
farmers, ranchers, and private forest landowners for
carrying out activities described in paragraph (2); and
``(B) the verification of the processes described
in protocols for greenhouse gas credit markets that are
used in carrying out activities described in paragraph
(2).
``(2) Activities.--The activities referred to in paragraph
(1) are current and future activities that reduce greenhouse
gas emissions or sequester carbon as compared to traditional
practices, which may include--
``(A) land or soil carbon sequestration;
``(B) emissions reductions derived from fuel choice
or reduced fuel use;
``(C) livestock emissions reductions, including
emissions reductions achieved through feeds and feed
additives;
``(D) on-farm energy generation, including fuel
switching;
``(E) energy feedstock production;
``(F) fertilizer use emissions reductions;
``(G) reforestation;
``(H) forest management, including improving
harvesting practices and thinning diseased trees;
``(I) avoidance of the conversion of forests;
``(J) grassland management, including prescribed
grazing; and
``(K) such other activities, or combinations of
activities, that the Secretary, in consultation with
the Advisory Council, determine to be appropriate.
``(3) Requirements.--In publishing the list and description
of standards under paragraph (1), the Secretary, in
consultation with the Advisory Council, shall--
``(A) ensure that the standards include all
relevant information relating to market-based protocols
with regard to--
``(i) quantification;
``(ii) verifiability;
``(iii) additionality, as compared to a
historical baseline; and
``(iv) permanence;
``(B) ensure that the standards include
requirements for covered entities registered under the
Program to demonstrate expertise in best management
practices for agricultural and forestry practices that
increase carbon sequestration or reduce greenhouse gas
emissions; and
``(C) periodically review and revise the list and
description, as appropriate, to include any additional
standards that meet the requirements described in
subparagraphs (A) and (B).
``(e) Registration and Publication of Lists.--
``(1) Registration.--A covered entity may self-register
under the Program by submitting to the Secretary, through a
website maintained by the Secretary, a notification that the
covered entity will maintain expertise in and adhere to the
standards published by the Secretary under subsection (d)(1).
``(2) Solicitation.--Not later than 180 days after the date
on which the Secretary establishes the Program, the Secretary
shall publish--
``(A) information describing how covered entities
may self-register under the Program in accordance with
paragraph (1);
``(B) the standards published by the Secretary
under subsection (d)(1); and
``(C) instructions and suggestions to assist
farmers, ranchers, and private forest landowners in
accessing greenhouse gas credit markets, including--
``(i) through the Program; and
``(ii) by providing information relating to
programs, registries, and protocols of programs
and registries that provide market-based
participation opportunities for working and
conservation agricultural and forestry lands.
``(3) Publication.--Not later than 1 year after the date on
which the Secretary establishes the Program, the Secretary, in
consultation with the Advisory Council, shall use an existing
website maintained by the Secretary to publish--
``(A) a list of covered entities that are
registered under paragraph (1) as verifiers of the
processes described in protocols for greenhouse gas
credit markets; and
``(B) a list of covered entities that are
registered under paragraph (1) as technical assistance
providers.
``(4) Updates.--Not less frequently than annually, the
Secretary, in consultation with the Advisory Council, shall
update the lists published under paragraph (3).
``(5) Submission.--The Secretary shall submit the list
under paragraph (3), including each update under paragraph (4),
to Congress.
``(6) Requirement.--To remain registered under the Program,
a covered entity shall continue to maintain expertise in and
adhere to the standards published by the Secretary under
subsection (d)(1).
``(7) Auditing.--The Secretary shall periodically conduct
audits of covered entities that are registered under the
Program to ensure compliance with the standards published by
the Secretary under subsection (d)(1).
``(8) Notification.--If the Secretary revokes the
registration of a covered entity under the Program for
noncompliance with the standards published by the Secretary
under subsection (d)(1), to the extent practicable, the
Secretary shall notify farmers, ranchers, and private forest
landowners to which the covered entity provided technical
assistance or the verification of the processes described in
protocols for greenhouse gas credit markets of the revocation.
``(f) Enforcement.--
``(1) Prohibition on claims.--
``(A) In general.--A person that is not registered
under the Program shall not knowingly make a claim that
the person is a `USDA-certified technical assistance
provider or third-party verifier for greenhouse gas
credit markets' or any substantially similar claim.
``(B) Penalty.--Any person that violates
subparagraph (A) shall be subject to a civil penalty
equal to such amount as the Secretary determines to be
appropriate.
``(2) Prohibition on submission of fraudulent
information.--
``(A) In general.--A person, regardless of whether
the person is registered under the program, shall not
submit fraudulent information as part of a notification
under subsection (e)(1).
``(B) Penalty.--Any person that violates
subparagraph (A) shall be subject to a civil penalty
equal to such amount as the Secretary determines to be
appropriate.
``(g) Greenhouse Gas Technical Assistance Provider and Third-Party
Verifier Certification Program Advisory Council.--
``(1) In general.--Not later than 90 days after the date on
which the Secretary establishes the Program, the Secretary
shall establish an advisory council, to be known as the
`Greenhouse Gas Technical Service Assistance and Third-Party
Verifier Certification Program Advisory Council'.
``(2) Membership.--
``(A) In general.--The Advisory Council shall be
composed of not fewer than 24 members, who shall be
appointed by the Secretary.
``(B) Representation.--Members appointed under
subparagraph (A) shall include--
``(i) not fewer than 1 representative of
the Environmental Protection Agency, as
determined by the Administrator of the
Environmental Protection Agency;
``(ii) not fewer than 10 representatives of
the agriculture industry appointed in a manner
that is broadly representative of the
agriculture sector;
``(iii) not fewer than 3 representatives
from the forestry and forest products industry
appointed in a manner that is broadly
representative of the forestry sector;
``(iv) not fewer than 4 representatives of
the relevant scientific research community,
including not fewer than 1 representative from
land-grant colleges and universities (as
defined in section 1404 of the National
Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103));
``(v) not fewer than two, and not more than
three, experts or professionals familiar with
private greenhouse gas credit markets and the
verification requirements in those markets;
``(vi) not fewer than two, and not more
than three, members of nongovernmental or civil
society organizations with relevant expertise;
``(vii) not fewer than two, and not more
than three, members of private sector companies
or impact investors who are current and likely
future purchasers of or investors in domestic
greenhouse gas credits in voluntary markets and
compliance markets that are derived from
projects that achieve greenhouse gas mitigation
or carbon sequestration through practices on
agricultural land or private forest land; and
``(viii) any other individual whom the
Secretary determines to be necessary to ensure
that the Advisory Council is composed of a
diverse group of representatives of industry,
academia, independent researchers, and public
and private entities.
``(C) Chair.--The Secretary shall designate a
member of the Advisory Council to serve as the Chair.
``(D) Terms.--The term of a member of the Advisory
Council shall be 5 years, which may be renewed for one
additional 5-year term.
``(3) Meetings.--
``(A) Frequency.--The Advisory Council shall meet
not less frequently than annually, at the call of the
Chair.
``(B) Initial meeting.--Not later than 30 days
after the date on which the members are appointed under
paragraph (2)(A), the Advisory Council shall hold an
initial meeting.
``(4) Duties.--The Advisory Council shall--
``(A) review the list of standards published by the
Secretary under subsection (d)(1);
``(B) make recommendations to the Secretary
regarding the best practices that should be included in
the standards under subsection (d)(1); and
``(C) advise the Secretary regarding--
``(i) the current methods used by private
markets to quantify and verify greenhouse gas
emissions reduced or carbon sequestered;
``(ii) additional considerations for
registering covered entities under the Program;
``(iii) means to reduce barriers to entry
in the business of providing technical
assistance or the verification of the processes
described in protocols for greenhouse gas
markets for covered entities, including by
improving technical assistance provided by the
Secretary;
``(iv) means to reduce compliance and
verification costs for farmers, ranchers, and
private forest landowners in entering private
greenhouse gas credit markets, including
through mechanisms and processes to aggregate
the value of activities across land ownership;
and
``(v) means for farmers, ranchers, and
private forest landowners to advertise products
derived from practices that reduce greenhouse
gas emissions or sequester carbon.
``(5) Compensation.--
``(A) In general.--The members of the Advisory
Council shall serve without compensation.
``(B) Treatment.--Except in the case of a member
described in paragraph (2)(B)(i), the members of the
Advisory Council shall not be considered to be Federal
employees.
``(h) Assessment of Greenhouse Gas Credit Marketplaces and
Verification Regimes.--Not later than October 1, 2022, and every 4
years thereafter, the Secretary, in consultation with the Administrator
of the Environmental Protection Agency and the Advisory Council,
shall--
``(1) conduct an assessment, including by incorporating
information from existing publications of nongovernmental
organizations with relevant expertise, regarding--
``(A) the number and categories of non-Federal
actors in the nonprofit and for-profit sectors involved
in buying, selling, and trading domestic greenhouse gas
credits in voluntary markets and compliance markets
that are derived from projects that achieve greenhouse
gas mitigation or carbon sequestration through
practices on agricultural land or private forest land;
``(B) the estimated overall domestic market demand
for greenhouse gas credits (measured in metric tons of
carbon dioxide equivalent) at the end of the preceding
4-calendar year period, and historically, in voluntary
markets and compliance markets through projects that
achieve greenhouse gas mitigation or carbon
sequestration through practices on agricultural land or
private forest land;
``(C) the total number of greenhouse gas credits
(measured in metric tons of carbon dioxide equivalent)
that were in development, generated, or sold in market
transactions during the preceding 4-calendar year
period, and historically, in voluntary markets and
compliance markets through projects that achieve
greenhouse gas mitigation or carbon sequestration
through practices on agricultural land or private
forest land;
``(D) the estimated supply and demand of metric
tons of carbon dioxide equivalent of offsets in the
global marketplace for the next 4 years;
``(E) the barriers to entry due to compliance and
verification costs described in subsection
(g)(4)(C)(iv);
``(F) the state of monitoring technologies needed
to quantify long-term carbon sequestration in soils and
from other emission reduction activities in the
agriculture and forestry sectors;
``(G) means for farmers, ranchers, and private
forest landowners to advertise products derived from
practices that reduce greenhouse gas emissions or
sequester carbon;
``(H) means to leverage existing Department of
Agriculture programs and other Federal programs that
could improve, lower the costs of, and enhance the
deployment of monitoring technologies described in
subparagraph (F);
``(I) the potential impact of Department of
Agriculture activities on supply and demand of
greenhouse gas credits;
``(J) the potential role of the Department of
Agriculture in increasing innovation in greenhouse gas
credit markets;
``(K) the extent to which the existing regimes for
generating and selling greenhouse gas credits derived
from agricultural land or private forest land, as the
regimes exist at the end of the preceding 4-calendar
year period, and historically, would achieve greater
scale and reach if the Department of Agriculture were
involved, including by considering the role of the
Department of Agriculture in reducing the barriers to
entry identified under subparagraph (E), including by
educating stakeholders about greenhouse gas credit
markets and means by which to reduce the compliance and
verification costs described in subsection
(g)(4)(C)(iv); and
``(2) submit to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report describing the findings of
the assessment under paragraph (1), including recommendations
regarding potential new authorities that would facilitate a
more robust role for the Department of Agriculture in the
domestic market for greenhouse gas emissions credits derived
from practices on agricultural land or private forest land,
including--
``(A) whether the Department of Agriculture should
play a larger role in developing--
``(i) greenhouse gas credit protocols,
including new protocols for activities within
the agriculture and forestry sectors that do
not currently exist in the private marketplace;
and
``(ii) verification methodologies to
quantify greenhouse gas emissions reduction
across activities that reduce greenhouse gas
emissions or sequester carbon as compared to
traditional practices; and
``(B) whether the Department of Agriculture--
``(i) should play a larger role in reducing
compliance and verification costs for farmers,
ranchers, and private forest landowners,
including by certifying greenhouse gas credits;
and
``(ii) needs additional authority to carry
out the activities described in clause (i).''.
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