Growing Climate Solutions Act of 2020

I 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. LUJA´N, Mr. FORTENBERRY, Mr. TONKO, Mr. BAIRD, Mr. HARDER of California, and Mr. KATKO) introduced the following bill; which was re- ferred to the Committee 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 private markets, 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 2020’’. 5 VerDate Sep 11 2014 02:14 Jul 23, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7393.IH H7393 SSpencer on DSK126QN23PROD with BILLS 2 •HR 7393 IH SEC. 2. GREENHOUSE GAS TECHNICAL ASSISTANCE PRO- 1 VIDER AND THIRD-PARTY VERIFIER CERTIFI- 2 CATION PROGRAM. 3 Chapter 5 of subtitle D of title XII of the Food Secu- 4 rity Act of 1985 is amended by inserting after section 5 1240M (16 U.S.C. 3839bb) the following: 6 ‘‘SEC. 1240N. GREENHOUSE GAS TECHNICAL ASSISTANCE 7 PROVIDER AND THIRD-PARTY VERIFIER CER- 8 TIFICATION PROGRAM. 9 ‘‘(a) PURPOSES.—The purposes of this section are— 10 ‘‘(1) to encourage sustainable, climate-friendly 11 farming and forestry practices by providing to farm- 12 ers, ranchers, and private forest landowners access 13 to private-sector capital; 14 ‘‘(2) to facilitate the participation of farmers, 15 ranchers, and private forest landowners in green- 16 house gas credit markets, including through the Pro- 17 gram; 18 ‘‘(3) to provide technical assistance to farmers, 19 ranchers, and private forest landowners in over- 20 coming barriers to entry into greenhouse gas credit 21 markets; 22 ‘‘(4) to assist covered entities in registering 23 under the Program; and 24 VerDate Sep 11 2014 02:14 Jul 23, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7393.IH H7393 SSpencer on DSK126QN23PROD with BILLS 3 •HR 7393 IH ‘‘(5) to establish the Advisory Council to advise 1 the Secretary regarding the Program and other re- 2 lated matters. 3 ‘‘(b) DEFINITIONS.—In this section: 4 ‘‘(1) ADVISORY COUNCIL.—The term ‘Advisory 5 Council’ means the Greenhouse Gas Technical As- 6 sistance Provider and Third-Party Verifier Certifi- 7 cation Program Advisory Council established under 8 subsection (g)(1). 9 ‘‘(2) COVERED ENTITY.—The term ‘covered en- 10 tity’ means a person or State that— 11 ‘‘(A) is a provider of a technical assistance 12 to farmers, ranchers, or private forest land- 13 owners in carrying out sustainable land use 14 management practices that, as compared to tra- 15 ditional practices— 16 ‘‘(i) prevent or mitigate greenhouse 17 gas emissions; or 18 ‘‘(ii) sequester carbon; or 19 ‘‘(B) is a third-party entity that conducts 20 the verification of the processes described in 21 protocols for greenhouse gas credit markets. 22 ‘‘(3) GREENHOUSE GAS.—The term ‘greenhouse 23 gas’ means— 24 ‘‘(A) carbon dioxide; 25 VerDate Sep 11 2014 02:14 Jul 23, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7393.IH H7393 SSpencer on DSK126QN23PROD with BILLS 4 •HR 7393 IH ‘‘(B) methane; 1 ‘‘(C) nitrous oxide; and 2 ‘‘(D) any other gas that the Secretary, in 3 consultation with the Advisory Council, deter- 4 mines has been identified to have heat trapping 5 qualities. 6 ‘‘(4) PROGRAM.—The term ‘Program’ means 7 the Greenhouse Gas Technical Assistance Provider 8 and Third-Party Verifier Certification Program es- 9 tablished under subsection (c). 10 ‘‘(5) PROTOCOL.—The term ‘protocol’ means a 11 systematic approach that follows a science-based 12 methodology that is conservative, transparent, and 13 thorough to establish requirements— 14 ‘‘(A) for the development of the one or 15 more baseline scenarios for a project to reduce 16 greenhouse gas emissions or sequester carbon; 17 and 18 ‘‘(B) to quantify, monitor, report, and 19 verify emissions reductions or sequestration by 20 a project described in subparagraph (A). 21 ‘‘(6) TECHNICAL ASSISTANCE.—The term ‘tech- 22 nical assistance’ means technical expertise, informa- 23 tion, and tools necessary for activities carried out 24 under this section. 25 VerDate Sep 11 2014 02:14 Jul 23, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7393.IH H7393 SSpencer on DSK126QN23PROD with BILLS 5 •HR 7393 IH ‘‘(c) ESTABLISHMENT OF PROGRAM.—The Secretary 1 shall establish a voluntary program, to be known as the 2 ‘Greenhouse Gas Technical Assistance Provider and 3 Third-Party Verifier Certification Program’, to certify 4 covered entities that the Secretary determines meet the 5 standards described in subsection (d). 6 ‘‘(d) STANDARDS.— 7 ‘‘(1) IN GENERAL.—The Secretary, in consulta- 8 tion with the Advisory Council, shall publish a list 9 and description of standards that accomplish the 10 purposes described in paragraphs (1) and (2) of sub- 11 section (a) and are taken from widely used industry 12 protocols for greenhouse gas credit markets (includ- 13 ing calculations, sampling methodologies, accounting 14 principles, systems for verification, monitoring, and 15 reporting, and methods to account for additionality, 16 permanence, and leakage, where appropriate) that 17 covered entities registered under the Program shall 18 maintain expertise in and adhere to, as appropriate, 19 for— 20 ‘‘(A) the provision of technical assistance 21 to farmers, ranchers, and private forest land- 22 owners for carrying out activities described in 23 paragraph (2); and 24 VerDate Sep 11 2014 02:14 Jul 23, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7393.IH H7393 SSpencer on DSK126QN23PROD with BILLS 6 •HR 7393 IH ‘‘(B) the verification of the processes de- 1 scribed in protocols for greenhouse gas credit 2 markets that are used in carrying out activities 3 described in paragraph (2). 4 ‘‘(2) ACTIVITIES.—The activities referred to in 5 paragraph (1) are current and future activities that 6 reduce greenhouse gas emissions or sequester carbon 7 as compared to traditional practices, which may in- 8 clude— 9 ‘‘(A) land or soil carbon sequestration; 10 ‘‘(B) emissions reductions derived from 11 fuel choice or reduced fuel use; 12 ‘‘(C) livestock emissions reductions, includ- 13 ing emissions reductions achieved through feeds 14 and feed additives; 15 ‘‘(D) on-farm energy generation, including 16 fuel switching; 17 ‘‘(E) energy feedstock production; 18 ‘‘(F) fertilizer use emissions reductions; 19 ‘‘(G) reforestation; 20 ‘‘(H) forest management, including im- 21 proving harvesting practices and thinning dis- 22 eased trees; 23 ‘‘(I) avoidance of the conversion of forests; 24 VerDate Sep 11 2014 02:14 Jul 23, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7393.IH H7393 SSpencer on DSK126QN23PROD with BILLS 7 •HR 7393 IH ‘‘(J) grassland management, including pre- 1 scribed grazing; and 2 ‘‘(K) such other activities, or combinations 3 of activities, that the Secretary, in consultation 4 with the Advisory Council, determine to be ap- 5 propriate. 6 ‘‘(3) REQUIREMENTS.—In publishing the list 7 and description of standards under paragraph (1), 8 the Secretary, in consultation with the Advisory 9 Council, shall— 10 ‘‘(A) ensure that the standards include all 11 relevant information relating to market-based 12 protocols with regard to— 13 ‘‘(i) quantification; 14 ‘‘(ii) verifiability; 15 ‘‘(iii) additionality, as compared to a 16 historical baseline; and 17 ‘‘(iv) permanence; 18 ‘‘(B) ensure that the standards include re- 19 quirements for covered entities registered under 20 the Program to demonstrate expertise in best 21 management practices for agricultural and for- 22 estry practices that increase carbon sequestra- 23 tion or reduce greenhouse gas emissions; and 24 VerDate Sep 11 2014 02:14 Jul 23, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7393.IH H7393 SSpencer on DSK126QN23PROD with BILLS 8 •HR 7393 IH ‘‘(C) periodically review and revise the list 1 and description, as appropriate, to include any 2 additional standards that meet the require- 3 ments described in subparagraphs (A) and (B). 4 ‘‘(e) REGISTRATION AND PUBLICATION OF LISTS.— 5 ‘‘(1) REGISTRATION.—A covered entity may 6 self-register under the Program by submitting to the 7 Secretary, through a website maintained by the Sec- 8 retary, a notification that the covered entity will 9 maintain expertise in and adhere to the standards 10 published by the Secretary under subsection (d)(1). 11 ‘‘(2) SOLICITATION.—Not later than 180 days 12 after the date on which the Secretary establishes the 13 Program, the Secretary shall publish— 14 ‘‘(A) information describing how covered 15 entities may self-register under the Program in 16 accordance with paragraph (1); 17 ‘‘(B) the standards published by the Sec- 18 retary under subsection (d)(1); and 19 ‘‘(C) instructions and suggestions to assist 20 farmers, ranchers, and private forest land- 21 owners in accessing greenhouse gas credit mar- 22 kets, including— 23 ‘‘(i) through the Program; and 24 VerDate Sep 11 2014 02:14 Jul 23, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7393.IH H7393 SSpencer on DSK126QN23PROD with BILLS 9 •HR 7393 IH ‘‘(ii) by providing information relating 1 to programs, registries, and protocols of 2 programs and registries that provide mar- 3 ket-based participation opportunities for 4 working and conservation agricultural and 5 forestry lands. 6 ‘‘(3) PUBLICATION.—Not later than 1 year 7 after the date on which the Secretary establishes the 8 Program, the Secretary, in consultation with the Ad- 9 visory Council, shall use an existing website main- 10 tained by the Secretary to publish— 11 ‘‘(A) a list of covered entities that are reg- 12 istered under paragraph (1) as verifiers of the 13 processes described in protocols for greenhouse 14 gas credit markets; and 15 ‘‘(B) a list of covered entities that are reg- 16 istered under paragraph (1) as technical assist- 17 ance providers. 18 ‘‘(4) UPDATES.—Not less frequently than annu- 19 ally, the Secretary, in consultation with the Advisory 20 Council, shall update the lists published under para- 21 graph (3). 22 ‘‘(5) SUBMISSION.—The Secretary shall submit 23 the list under paragraph (3), including each update 24 under paragraph (4), to Congress. 25 VerDate Sep 11 2014 02:14 Jul 23, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7393.IH H7393 SSpencer on DSK126QN23PROD with BILLS 10 •HR 7393 IH ‘‘(6) REQUIREMENT.—To remain registered 1 under the Program, a covered entity shall continue 2 to maintain expertise in and adhere to the standards 3 published by the Secretary under subsection (d)(1). 4 ‘‘(7) AUDITING.—The Secretary shall periodi- 5 cally conduct audits of covered entities that are reg- 6 istered under the Program to ensure compliance 7 with the standards published by the Secretary under 8 subsection (d)(1). 9 ‘‘(8) NOTIFICATION.—If the Secretary revokes 10 the registration of a covered entity under the Pro- 11 gram for noncompliance with the standards pub- 12 lished by the Secretary under subsection (d)(1), to 13 the extent practicable, the Secretary shall notify 14 farmers, ranchers, and private forest landowners to 15 which the covered entity provided technical assist- 16 ance or the verification of the processes described in 17 protocols for greenhouse gas credit markets of the 18 revocation. 19 ‘‘(f) ENFORCEMENT.— 20 ‘‘(1) PROHIBITION ON CLAIMS.— 21 ‘‘(A) IN GENERAL.—A person that is not 22 registered under the Program shall not know- 23 ingly make a claim that the person is a ‘USDA- 24 certified technical assistance provider or third- 25 VerDate Sep 11 2014 02:14 Jul 23, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7393.IH H7393 SSpencer on DSK126QN23PROD with BILLS 11 •HR 7393 IH party verifier for greenhouse gas credit mar- 1 kets’ or any substantially similar claim. 2 ‘‘(B) PENALTY.—Any person that violates 3 subparagraph (A) shall be subject to a civil 4 penalty equal to such amount as the Secretary 5 determines to be appropriate. 6 ‘‘(2) PROHIBITION ON SUBMISSION OF FRAUDU- 7 LENT INFORMATION.— 8 ‘‘(A) IN GENERAL.—A person, regardless 9 of whether the person is registered under the 10 program, shall not submit fraudulent informa- 11 tion as part of a notification under subsection 12 (e)(1). 13 ‘‘(B) PENALTY.—Any person that violates 14 subparagraph (A) shall be subject to a civil 15 penalty equal to such amount as the Secretary 16 determines to be appropriate. 17 ‘‘(g) GREENHOUSE GAS TECHNICAL ASSISTANCE 18 PROVIDER AND THIRD-PARTY VERIFIER CERTIFICATION 19 PROGRAM ADVISORY COUNCIL.— 20 ‘‘(1) IN GENERAL.—Not later than 90 days 21 after the date on which the Secretary establishes the 22 Program, the Secretary shall establish an advisory 23 council, to be known as the ‘Greenhouse Gas Tech- 24 VerDate Sep 11 2014 02:14 Jul 23, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7393.IH H7393 SSpencer on DSK126QN23PROD with BILLS 12 •HR 7393 IH nical Service Assistance and Third-Party Verifier 1 Certification Program Advisory Council’. 2 ‘‘(2) MEMBERSHIP.— 3 ‘‘(A) IN GENERAL.—The Advisory Council 4 shall be composed of not fewer than 24 mem- 5 bers, who shall be appointed by the Secretary. 6 ‘‘(B) REPRESENTATION.—Members ap- 7 pointed under subparagraph (A) shall include— 8 ‘‘(i) not fewer than 1 representative of 9 the Environmental Protection Agency, as 10 determined by the Administrator of the 11 Environmental Protection Agency; 12 ‘‘(ii) not fewer than 10 representatives 13 of the agriculture industry appointed in a 14 manner that is broadly representative of 15 the agriculture sector; 16 ‘‘(iii) not fewer than 3 representatives 17 from the forestry and forest products in- 18 dustry appointed in a manner that is 19 broadly representative of the forestry sec- 20 tor; 21 ‘‘(iv) not fewer than 4 representatives 22 of the relevant scientific research commu- 23 nity, including not fewer than 1 represent- 24 ative from land-grant colleges and univer- 25 VerDate Sep 11 2014 02:14 Jul 23, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H7393.IH H7393 SSpencer on DSK126QN23PROD with BILLS 13 •HR 7393 IH sities (as defined in section 1404 of the 1 National Agricultural Research, Extension, 2 and Teaching Policy Act of 1977 (7 U.S.C. 3 3103)); 4 ‘‘(v) not fewer tha [Text truncated for display. 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