I 111th CONGRESS 1st Session H. R. 1795 IN THE HOUSE OF REPRESENTATIVES March 30, 2009 Mr. Matheson introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for the establishment of an Offsets Integrity Advisory Board, and for other purposes.

1.

Offsets Integrity Advisory Board

(a)

Establishment

Not later than 30 days after the date of enactment of this Act, the Administrator shall establish an independent Offsets Integrity Advisory Board. The Advisory Board shall make recommendations to the Administrator for use in promulgating and revising regulations on offsets, and for ensuring the overall environmental integrity of the offset program. (b)

Membership

The Advisory Board shall be comprised of nine members with relevant expertise. At least six members of the Advisory Board shall be scientists, and at least one member shall be a member of the National Academy of Sciences. The Administrator shall appoint a chair and vice-chair of the Advisory Board, and membership terms shall be 5 years for all Advisory Board members. (c)

Activities

The Advisory Board established pursuant to subsection (a) shall— (1)provide recommendations, not later than 90 days after the Advisory Board’s establishment and periodically thereafter, to the Administrator regarding offset project types that should be considered for eligibility, taking into consideration relevant scientific and other issues, including— (A)the potential for accurate quantification of greenhouse gas reduction, avoidance, or sequestration for an offset project type; (B)the potential level of scientific and measurement uncertainty associated with an offset project type; and (C)any beneficial or adverse environmental, public health, welfare, social, economic, or energy effects associated with an offset project type; (2)provide recommendations to the Administrator regarding offset methodologies that should be considered under the offsets regulations, including methodologies to address the issues of additionality, activity baselines, performance, leakage, uncertainty, and permanence; (3)advise the Administrator, and other relevant Federal agencies, regarding scientific, technical, and methodological issues specific to the issuance of international offset credits; (4)advise the Administrator of areas in which further knowledge is required to appraise the adequacy of existing, revised, or proposed methodologies for offsets, and describe the research efforts necessary to provide the required information; and (5)advise the Administrator on other ways to improve or safeguard the environmental integrity of the offsets program. (d)

Scientific review of offset programs

Not later than January 1, 2017, and at five-year intervals thereafter, the Advisory Board shall submit to the Administrator and make available to the public an analysis of relevant scientific and technical information related to the offsets program. The Advisory Board shall review approved and potential offset methodologies, scientific studies, offset project monitoring, offset project verification reports, and audits, and evaluate the net emissions effects of implemented offset projects. The Advisory Board shall recommend changes to offset methodologies, protocols, or project types, or to the overall offset program, in order to ensure that offset credits issued by the Administrator do not compromise the integrity of the emissions cap, and to avoid or minimize any adverse effects to human health or the environment.

2.

Program review and revision

At least once every 5 years, the Administrator shall review and, based on new information and taking into consideration the recommendations of the Advisory Board, revise— (1)the methodologies established; (2)the reversal policies and mechanisms established; (3)measures to improve the accountability of the offsets program; and (4)any other requirements established to ensure the environmental integrity and effective operation of the offsets program.