[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3894 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3894

   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 SENATE OF THE UNITED STATES

                              June 4, 2020

 Mr. Braun (for himself, Ms. Stabenow, Mr. Graham, and Mr. Whitehouse) 
introduced the following bill; which was read twice and referred to the 
           Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 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 1 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 2, and not more than 
                        3, experts or professionals familiar with 
                        private greenhouse gas credit markets and the 
                        verification requirements in those markets;
                            ``(vi) not fewer than 2, and not more than 
                        3, members of nongovernmental or civil society 
                        organizations with relevant expertise;
                            ``(vii) not fewer than 2, and not more than 
                        3, 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 1 
                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; and
                    ``(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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