I
117TH CONGRESS
1ST SESSION H. R. 2820
To authorize the Secretary of Agriculture to develop a program to reduce
barriers to entry for farmers, ranchers, and private forest landowners
in certain voluntary markets, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 22, 2021
Ms. SPANBERGER (for herself, Mr. BACON, Ms. PINGREE, Mr. CURTIS, Mr.
TONKO, Mr. FITZPATRICK, Mrs. AXNE, Mr. FORTENBERRY, Ms.
BROWNLEY, Ms. STEFANIK, Ms. HOULAHAN, Mr. WITTMAN, Mr.
DEUTCH, Mr. KATKO, Mr. SEAN PATRICK MALONEY of New York, Mr.
KELLY of Pennsylvania, Mrs. LURIA, Mr. HOLLINGSWORTH, Mr. COO-
PER, Ms. MACE, Ms. WILD, Mr. COSTA, Mr. CARTWRIGHT, and Mrs.
BUSTOS) introduced the following bill; which was referred to the Com-
mittee on Agriculture
A BILL
To authorize the Secretary of Agriculture to develop a pro-
gram to reduce barriers to entry for farmers, ranchers,
and private forest landowners in certain voluntary mar-
kets, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Growing Climate Solu-
4
tions Act of 2021’’.
5
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SEC. 2. GREENHOUSE GAS TECHNICAL ASSISTANCE PRO-
1
VIDER AND THIRD-PARTY VERIFIER CERTIFI-
2
CATION PROGRAM.
3
(a) PURPOSES.—The purposes of this section are—
4
(1) to facilitate the participation of farmers,
5
ranchers, and private forest landowners in voluntary
6
environmental credit markets, including through the
7
Program;
8
(2) to facilitate the provision of technical assist-
9
ance through covered entities to farmers, ranchers,
10
and private forest landowners in overcoming barriers
11
to entry into voluntary environmental credit mar-
12
kets;
13
(3) to assist covered entities in certifying under
14
the Program; and
15
(4) to establish the Advisory Council to advise
16
the Secretary regarding the Program and other re-
17
lated matters.
18
(b) DEFINITIONS.—In this section:
19
(1) ADVISORY COUNCIL.—The term ‘‘Advisory
20
Council’’ means the Greenhouse Gas Technical As-
21
sistance Provider and Third-Party Verifier Certifi-
22
cation Program Advisory Council established under
23
subsection (g)(1).
24
(2) AGRICULTURE OR FORESTRY CREDIT.—The
25
term ‘‘agriculture or forestry credit’’ means a credit
26
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•HR 2820 IH
derived from the prevention, reduction, or mitigation
1
of greenhouse gas emissions or carbon sequestration
2
on agricultural land or private forest land that may
3
be bought or sold on a voluntary environmental cred-
4
it market.
5
(3) BEGINNING
FARMER
OR
RANCHER.—The
6
term ‘‘beginning farmer or rancher’’ has the mean-
7
ing given the term in section 2501(a) of the Food,
8
Agriculture, Conservation, and Trade Act of 1990 (7
9
U.S.C. 2279(a)).
10
(4) COVERED ENTITY.—The term ‘‘covered en-
11
tity’’ means a person or State that either—
12
(A) is a provider of technical assistance to
13
farmers, ranchers, or private forest landowners
14
in carrying out sustainable land use manage-
15
ment practices that—
16
(i) prevent, reduce, or mitigate green-
17
house gas emissions; or
18
(ii) sequester carbon; or
19
(B) is a third-party verifier entity that
20
conducts the verification of the processes de-
21
scribed in protocols for voluntary environmental
22
credit markets.
23
(5) GREENHOUSE GAS.—The term ‘‘greenhouse
24
gas’’ means—
25
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•HR 2820 IH
(A) carbon dioxide;
1
(B) methane;
2
(C) nitrous oxide; and
3
(D) any other gas that the Secretary, in
4
consultation with the Advisory Council, deter-
5
mines has been identified to have heat trapping
6
qualities.
7
(6) PROGRAM.—The term ‘‘Program’’ means
8
the Greenhouse Gas Technical Assistance Provider
9
and Third-Party Verifier Certification Program es-
10
tablished under subsection (c).
11
(7) PROTOCOL.—The term ‘‘protocol’’ means a
12
systematic approach that follows a science-based
13
methodology that is transparent and thorough to es-
14
tablish requirements—
15
(A) for the development of projects to pre-
16
vent, reduce, or mitigate greenhouse gas emis-
17
sions or sequester carbon that include 1 or
18
more baseline scenarios; and
19
(B) to quantify, monitor, report, and verify
20
the prevention, reduction, or mitigation of
21
greenhouse gas emissions or carbon sequestra-
22
tion by projects described in subparagraph (A).
23
(8) SECRETARY.—The term ‘‘Secretary’’ means
24
the Secretary of Agriculture.
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(9) SOCIALLY
DISADVANTAGED
FARMER
OR
1
RANCHER; SOCIALLY DISADVANTAGED GROUP.—The
2
terms ‘‘socially disadvantaged farmer or rancher’’
3
and ‘‘socially disadvantaged group’’ have the mean-
4
ing given those terms in section 355(e) of the Con-
5
solidated Farm and Rural Development Act (7
6
U.S.C. 2003(e)).
7
(10)
TECHNICAL
ASSISTANCE.—The
term
8
‘‘technical assistance’’ means technical expertise, in-
9
formation, and tools necessary to assist a farmer,
10
rancher, or private forest landowner who is engaged
11
in or wants to engage in a project to prevent, re-
12
duce, or mitigate greenhouse gas emissions or se-
13
quester carbon to meet a protocol.
14
(11) VOLUNTARY
ENVIRONMENTAL
CREDIT
15
MARKET.—The term ‘‘voluntary environmental cred-
16
it market’’ means a voluntary market through which
17
agriculture or forestry credits may be bought or
18
sold.
19
(c) ESTABLISHMENT.—
20
(1) IN GENERAL.—On the date that is 270 days
21
after the date of enactment of this Act, and after
22
making a positive determination under paragraph
23
(2), the Secretary shall establish a voluntary pro-
24
gram, to be known as the ‘‘Greenhouse Gas Tech-
25
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•HR 2820 IH
nical Assistance Provider and Third-Party Verifier
1
Certification Program’’, to certify covered entities
2
that the Secretary determines meet the requirements
3
described in subsection (d).
4
(2) DETERMINATION.—The Secretary shall es-
5
tablish the Program only if, after considering rel-
6
evant information, including the information col-
7
lected or reviewed relating to the assessment con-
8
ducted under subsection (h)(1)(A), the Secretary de-
9
termines that the Program will further each of the
10
purposes described in paragraphs (1) and (2) of sub-
11
section (a).
12
(3) REPORT.—If the Secretary determines
13
under paragraph (2) that the Program would not
14
further each of the purposes described in paragraphs
15
(1) and (2) of subsection (a) and does not establish
16
the Program, the Secretary shall publish a report
17
describing the reasons the Program would not fur-
18
ther each of those purposes.
19
(d) CERTIFICATION QUALIFICATIONS.—
20
(1) IN GENERAL.—
21
(A) PROTOCOLS
AND
QUALIFICATIONS.—
22
After providing public notice and at least a 60-
23
day period for public comment, the Secretary
24
shall, during the 90-day period beginning on
25
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•HR 2820 IH
the date on which the Program is established,
1
publish—
2
(i) a list of, and documents relating
3
to, recognized protocols for voluntary envi-
4
ronmental credit markets that are designed
5
to ensure consistency, reliability, effective-
6
ness, efficiency, and transparency, includ-
7
ing protocol documents and details relating
8
to—
9
(I) calculations;
10
(II) sampling methodologies;
11
(III) accounting principles;
12
(IV) systems for verification,
13
monitoring, measurement, and report-
14
ing; and
15
(V) methods to account for
16
additionality,
permanence,
leakage,
17
and, where appropriate, avoidance of
18
double counting; and
19
(ii) descriptions of qualifications for
20
covered entities that—
21
(I) demonstrate that the covered
22
entity can assist farmers, ranchers,
23
and private forest landowners in ac-
24
complishing the purposes described in
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•HR 2820 IH
paragraphs (1) and (2) of subsection
1
(a); and
2
(II) demonstrate proficiency with
3
the protocols described in clause (i).
4
(B)
REQUIREMENTS.—Covered
entities
5
certified under the Program shall maintain ex-
6
pertise in the protocols described in subpara-
7
graph (A)(i), adhere to the qualifications de-
8
scribed in subparagraph (A)(ii), and adhere to
9
any relevant conflict of interest requirements,
10
as determined appropriate by the Secretary,
11
for—
12
(i) the provision of technical assist-
13
ance to farmers, ranchers, and private for-
14
est landowners for carrying out activities
15
described in paragraph (2); or
16
(ii) the verification of the processes
17
described in protocols for voluntary envi-
18
ronmental credit markets that are used in
19
carrying out activities described in para-
20
graph (2).
21
(2) ACTIVITIES.—The activities for which cov-
22
ered entities may provide technical assistance or con-
23
duct verification of processes under the Program are
24
current and future activities that prevent, reduce, or
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•HR 2820 IH
mitigate greenhouse gas emissions or sequester car-
1
bon, which may include—
2
(A) land or soil carbon sequestration;
3
(B) emissions reductions derived from fuel
4
choice or reduced fuel use;
5
(C) livestock emissions reductions, includ-
6
ing emissions reductions achieved through—
7
(i) feeds, feed additives, and the use
8
of byproducts as feed sources; or
9
(ii) manure management practices;
10
(D) on-farm energy generation;
11
(E) energy feedstock production;
12
(F) fertilizer or nutrient use emissions re-
13
ductions;
14
(G) reforestation;
15
(H) forest management, including improv-
16
ing harvesting practices and thinning diseased
17
trees;
18
(I) prevention of the conversion of forests,
19
grasslands, and wetlands;
20
(J) restoration of wetlands or grasslands;
21
(K) grassland management, including pre-
22
scribed grazing;
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(L) current practices associated with pri-
1
vate land conservation programs administered
2
by the Secretary; and
3
(M) such other activities, or combinations
4
of activities, that the Secretary, in consultation
5
with the Advisory Council, determines to be ap-
6
propriate.
7
(3) REQUIREMENTS.—In publishing the list of
8
protocols and description of qualifications under
9
paragraph (1)(A), the Secretary, in consultation
10
with the Advisory Council, shall—
11
(A) ensure that the requirements for cov-
12
ered entities to certify under the Program in-
13
clude maintaining expertise in all relevant infor-
14
mation relating to market-based protocols, as
15
appropriate, with regard to—
16
(i) quantification;
17
(ii) verification;
18
(iii) additionality;
19
(iv) permanence;
20
(v) reporting; and
21
(vi) other expertise, as determined by
22
the Secretary; and
23
(B) ensure that a covered entity certified
24
under the Program is required to perform, and
25
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•HR 2820 IH
to demonstrate expertise, as determined by the
1
Secretary, in accordance with best management
2
practices for agricultural and forestry activities
3
that prevent, reduce, or mitigate greenhouse
4
gas emissions or sequester carbon.
5
(4) PERIODIC
REVIEW.—As appropriate, the
6
Secretary shall periodically review and revise the list
7
of protocols and description of certification qualifica-
8
tions published under paragraph (1)(A) to include
9
any additional protocols or qualifications that meet
10
the requirements described in subparagraphs (A)
11
and (B) of paragraph (3).
12
(e) CERTIFICATION, WEBSITE, AND PUBLICATION OF
13
LISTS.—
14
(1) CERTIFICATION.—A covered entity may
15
self-certify under the Program by submitting to the
16
Secretary, through a website maintained by the Sec-
17
retary—
18
(A) a notification that the covered entity
19
will—
20
(i) maintain expertise in the protocols
21
described in clause (i) of subsection
22
(d)(1)(A); and
23
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•HR 2820 IH
(ii) adhere to the qualifications de-
1
scribed in clause (ii) of that subsection;
2
and
3
(B)
appropriate
documentation
dem-
4
onstrating the expertise described in subpara-
5
graph (A)(i) and qualifications described in
6
subparagraph (A)(ii).
7
(2) WEBSITE AND SOLICITATION.—During the
8
180-day period beginning on the date on which the
9
Program is established, the Secretary shall publish,
10
through an existing website maintained by the Sec-
11
retary—
12
(A) information describing how covered en-
13
tities may self-certify under the Program in ac-
14
cordance with paragraph (1);
15
(B) information describing how covered en-
16
tities may obtain, through private training pro-
17
grams or Department of Agriculture training
18
programs, the requisite expertise—
19
(i) in the protocols described in clause
20
(i) of subsection (d)(1)(A); and
21
(ii) to meet the qualifications de-
22
scribed in clause (ii) of that subsection;
23
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•HR 2820 IH
(C) the protocols and qualifications pub-
1
lished by the Secretary under subsection
2
(d)(1)(A); and
3
(D) instructions and suggestions to assist
4
farmers, ranchers, and private forest land-
5
owners in facilitating the development of agri-
6
culture or forestry credits and accessing vol-
7
untary environmental credit markets, includ-
8
ing—
9
(i) through working with covered enti-
10
ties certified under the Program; and
11
(ii) by providing information
[Text truncated for display. Full text available on Congress.gov.]