[Congressional Record Volume 164, Number 107 (Tuesday, June 26, 2018)]
[Senate]
[Pages S4429-S4430]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3136. Mrs. SHAHEEN submitted an amendment intended to be proposed
by her to the bill H.R. 2, to provide for the reform and continuation
of agricultural and other programs of the Department of Agriculture
through fiscal year 2023, and for other purposes; which was ordered to
lie on the table; as follows:
At the end of part II of subtitle F of title VIII, add the
following:
SEC. 86___. FOREST INCENTIVES PROGRAM.
(a) Definitions.--In this section:
(1) Carbon incentives contract; contract.--The term
``carbon incentives contract'' or ``contract'' means a 15- to
30-year contract that specifies--
(A) the eligible practices that will be undertaken;
(B) the acreage of eligible land on which the practices
will be undertaken;
(C) the agreed rate of compensation per acre;
(D) a schedule to verify that the terms of the contract
have been fulfilled; and
(E) such other terms as are determined necessary by the
Secretary.
(2) Conservation easement agreement; agreement.--The term
``conservation easement agreement'' or ``agreement'' means a
permanent conservation easement that--
(A) covers eligible land that will not be converted for
development;
(B) is enrolled under a carbon incentives contract; and
(C) is consistent with the guidelines for--
(i) the Forest Legacy Program established under section 7
of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2103c), subject to the condition that an eligible practice
shall be considered to be a conservation value for purposes
of such consistency; or
(ii) any other program approved by the Secretary for use
under this section to provide consistency with Federal legal
requirements for permanent conservation easements.
(3) Eligible land.--The term ``eligible land'' means forest
land in the United States that is privately owned at the time
of initiation of a carbon incentives contract or conservation
easement agreement.
(4) Eligible practice.--
(A) In general.--The term ``eligible practice'' means a
forestry practice, including improved forest management that
produces marketable forest products, that is determined by
the Secretary to provide measurable increases in carbon
sequestration and storage beyond customary practices on
comparable land.
(B) Inclusions.--The term ``eligible practice'' includes--
(i) afforestation on nonforested land, such as marginal
crop or pasture land, windbreaks, shelterbelts, stream
buffers, including working land and urban forests and parks,
or other areas identified by the Secretary;
(ii) reforestation on forest land impacted by wildfire,
pests, wind, or other stresses, including working land and
urban forests and parks;
(iii) improved forest management, with appropriate
crediting for the carbon benefits of harvested wood products,
through practices such as improving regeneration after
harvest, planting in understocked forests, reducing
competition from slow-growing species, thinning to encourage
growth, changing rotations to increase carbon storage,
improving harvest efficiency or wood use; and
(iv) such other practices as the Secretary determines to be
appropriate.
(5) Forest incentives program; program.--The term ``forest
incentives program'' or ``program'' means the forest
incentives program established under subsection (b)(1).
(b) Supplemental Greenhouse Gas Emission Reductions in
United States.--
(1) In general.--The Secretary shall establish a forest
incentives program to achieve supplemental greenhouse gas
emission reductions and carbon sequestration on private
forest land of the United States through--
(A) carbon incentives contracts; and
(B) conservation easement agreements.
(2) Priority.--In selecting projects under this subsection,
the Secretary shall provide a priority for contracts and
agreements--
(A) that sequester the most carbon on a per acre basis,
with appropriate crediting for the carbon benefits of
harvested wood products; and
(B) that create forestry jobs or protect habitats and
achieve significant other environmental, economic, and social
benefits.
(3) Eligibility.--
(A) In general.--To participate in the program, an owner of
eligible land shall--
(i) enter into a carbon incentives contract; and
(ii) fulfill such other requirements as the Secretary
determines to be necessary.
(B) Continued eligible practices.--An owner of eligible
land who has been carrying out eligible practices on the
eligible land shall not be barred from entering into a carbon
incentives contract under this subsection to continue
carrying out the eligible practices on the eligible land.
(C) Duration of contract.--A contract shall be for a term
of not less than 15, nor more than 30, years, as determined
by the owner of eligible land.
(D) Compensation under contract.--The Secretary shall
determine the rate of compensation per acre under the
contract so that the longer the term of the contract, the
higher rate of compensation.
(E) Relationship to other programs.--An owner or operator
shall not be prohibited from participating in the program due
to participation of the owner or operator in other Federal or
State conservation assistance programs.
(4) Compliance.--In developing regulations for carbon
incentives contracts under this subsection, the Secretary
shall specify requirements to address whether the owner of
eligible land has completed contract and agreement
requirements.
(c) Incentive Payments.--
(1) In general.--The Secretary shall provide to owners of
eligible land financial incentive payments for--
(A) eligible practices that measurably increase carbon
sequestration and storage over a designated period on
eligible land, with appropriate crediting for the carbon
benefits of harvested wood products, as specified through a
carbon incentives contract; and
(B) subject to paragraph (2), conservation easements on
eligible land covered under a conservation easement
agreement.
(2) Compensation.--The Secretary shall determine the amount
of compensation to be provided under a contract under this
subsection based on the emissions reductions obtained or
avoided and the duration of the reductions, with due
consideration to prevailing carbon pricing as determined by
any relevant or State compliance offset programs.
(3) No conservation easement agreement required.--
Eligibility for financial incentive payments under a carbon
incentives contract described in paragraph (1)(A) shall not
require a conservation easement agreement.
(d) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue regulations
that specify eligible practices and related compensation
rates, standards, and guidelines as the basis for entering
into the program with owners of eligible land.
(e) Set-Aside of Funds for Certain Purposes.--
(1) In general.--At the discretion of the Secretary, a
portion of program funds made available under this program
for a fiscal year may be used--
(A) to develop forest carbon modeling and methodologies
that will improve the projection of carbon gains for any
forest practices made eligible under the program;
(B) to provide additional incentive payments for specified
management activities that increase the adaptive capacity of
land under a carbon incentives contract; and
(C) for the Forest Inventory and Analysis Program of the
Forest Service to develop improved measurement and monitoring
of forest carbon stocks.
(2) Program components.--In establishing the program, the
Secretary shall provide that funds provided under this
section shall not be substituted for, or otherwise used as a
basis for reducing, funding authorized or appropriated under
other programs to compensate owners of eligible land for
activities that are not covered under the program.
[[Page S4430]]
(f) Program Measurement, Monitoring, Verification, and
Reporting.--
(1) Measurement, monitoring, and verification.--The
Secretary shall establish and implement protocols that
provide monitoring and verification of compliance with the
terms of contracts and agreements.
(2) Reporting requirement.--At least annually, the
Secretary shall submit to Congress a report that contains--
(A) an estimate of annual and cumulative reductions
achieved as a result of the program, determined using
standardized measures, including measures of economic
efficiency;
(B) a summary of any changes to the program that will be
made as a result of program measurement, monitoring, and
verification;
(C) the total number of acres enrolled in the program by
method; and
(D) a State-by-State summary of the data.
(3) Availability of report.--Each report required by this
subsection shall be available to the public through the
website of the Department of Agriculture.
(4) Program adjustments.--At least once every 2 years the
Secretary shall adjust eligible practices and compensation
rates for future carbon incentives contracts based on the
results of monitoring under paragraph (1) and reporting under
paragraph (2), if determined necessary by the Secretary.
(5) Estimating carbon benefits.--Any modeling, methodology,
or protocol resource developed under this section--
(A) shall be suitable for estimating carbon benefits
associated with eligible practices for the purpose of
incentives under this section; and
(B) may be used for netting by States or emission sources
under Federal programs relating to carbon emissions.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as are
necessary.
At the end of subtitle E of title XII, add the following:
SEC. 125___. MATERIAL CHOICES IN BUILDINGS FOR SUPPLEMENTAL
GREENHOUSE GAS EMISSION REDUCTIONS IN UNITED
STATES.
(a) Definitions.--In this section:
(1) Eligible building.--The term ``eligible building''
means a nonresidential building used for commercial or State
or local government purposes.
(2) Eligible product.--The term ``eligible product'' means
a commercial or industrial product, such as an intermediate,
feedstock, or end product (other than food or feed), that is
composed in whole or in part of biological products,
including renewable agricultural and forestry materials used
as structural building material.
(3) Program.--The term ``program'' means the greenhouse gas
incentives program established under this section.
(b) Supplemental Greenhouse Gas Emission Reductions in
Buildings.--
(1) In general.--The Secretary shall establish a greenhouse
gas incentives program to achieve supplemental greenhouse gas
emission reductions from material choices in buildings, based
on the lifecycle assessment of the building materials.
(2) Financial incentive payments.--The Secretary shall
provide to owners of eligible buildings incentive payments
for the use of eligible products in buildings for
sequestering carbon based on a lifecycle assessment of the
structural assemblies, as compared to a model building as a
result of using eligible products in substitution for more
energy-intensive materials in--
(A) new construction; or
(B) building renovation.
(c) Program Requirements.--
(1) Applications.--To be eligible to participate in the
program, the owner of an eligible building shall submit to
the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
(2) Components.--In establishing the program, the Secretary
shall require that payments for activities under the program
shall be--
(A) established at a rate not to exceed the net estimated
benefit an owner of an eligible building would receive for
similar practices under any federally established carbon
offset program, taking into consideration the costs
associated with the issuance of credits and compliance with
reversal provisions;
(B) provided to owners of eligible buildings demonstrating
at least a 20-percent reduction in carbon emissions
potential, based on a lifecycle assessment of the structural
assemblies, as compared to the structural assemblies of a
model building, subject to the requirements that--
(i) the Secretary shall identify a model baseline
nonresidential building--
(I) of common size and function; and
(II) having a service life of not less than 60 years; and
(ii) applicants shall evaluate the carbon emissions
potential of the baseline building and the proposed building
using the same lifecycle assessment software tool and data
sets, which shall be compliant with the document numbered ISO
14044; and
(C) provided on certification by the owner of an eligible
building and verification by the Secretary, after
consultation with the Secretary of Energy, that--
(i) the eligible building meets the requirements of the
applicable State commercial building energy efficiency code
(as in effect on the date of the applicable permit of the
eligible building); and
(ii) the State has made the certification required pursuant
to section 304 of the Energy Conservation and Production Act
(42 U.S.C. 6833).
(3) Incentive payments.--A participant in the program shall
receive payment under the program on completion of
construction or renovation of the applicable eligible
building.
(d) Reports.--Not less frequently than once each year, the
Secretary shall submit to Congress a report that contains--
(1) an estimate of annual and cumulative reductions
achieved as a result of the program--
(A) determined by using lifecycle assessment software that
is compliant with the document numbered ISO 14044; and
(B) expressed in terms of the total number of cars removed
from the road;
(2) a summary of any changes to the program that will be
made as a result of past implementation of the program; and
(3) the total number of buildings under carbon incentives
contracts as of the date of the report.
(e) Analytical Requirements.--For purposes of this
section--
(1) any carbon emissions potential calculation shall--
(A) be performed in accordance with standard lifecycle
assessment practice; and
(B) include removal and sequestration of carbon dioxide
from the use of biobased products, as well as recycled
content materials;
(2) a full lifecycle assessment shall be conducted taking
into consideration all lifecycle stages, including--
(A) resource extraction and processing;
(B) product manufacturing;
(C) onsite construction of assemblies;
(D) transportation;
(E) maintenance and replacement cycles over an assumed
eligible building service life of 60 years; and
(F) demolition;
(3) structural assemblies shall be considered to include
columns, beams, girders, purlins, floor deck, roof, and
structural envelope elements;
(4) primary materials shall be considered to include common
products used as the structural system, such as wood, steel,
concrete, or masonry; and
(5) the effects of recycling, reuse, or energy recovery
beyond the boundaries of an applicable study system shall not
be taken in account.
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
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