Congressional Record, Volume 167, Number 108 (Tuesday, June 22, 2021) — Senate, Pages S4701-S4704
Summary
Senate pages S4701-S4704 of the Congressional Record for Tuesday, June 22, 2021 print amendment SA 2119, submitted by Lee as a substitute for bill S. 1251 and ordered to lie on the table. The substitute may be cited as the Growing Climate Solutions Act of 2021. It directs the Secretary of Agriculture to establish a voluntary Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Transparency Program 270 days after enactment, but only after a positive determination, and to create an Advisory Council. It authorizes $1,000,000 for each of fiscal years 2022 through 2026 and rescinds $4,100,000 of unobligated American Rescue Plan Act of 2021 funds to pay for the program.
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[Congressional Record Volume 167, Number 108 (Tuesday, June 22, 2021)]
[Senate]
[Pages S4701-S4704]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2119. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 1251, 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; which was ordered to lie on the table; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Growing Climate Solutions
Act of 2021''.
SEC. 2. GREENHOUSE GAS TECHNICAL ASSISTANCE PROVIDER AND
THIRD-PARTY VERIFIER TRANSPARENCY PROGRAM.
(a) Purposes.--The purposes of this section are--
(1) to increase access to informational resources for
farmers, ranchers, and private forest landowners regarding
voluntary environmental credit markets, including through the
Program;
(2) to provide informational resources relating to
technical assistance through covered entities to farmers,
ranchers, and private forest landowners in overcoming
barriers to entry into voluntary environmental credit
markets; and
(3) 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 Transparency Program Advisory Council
established under subsection (f)(1).
(2) Agriculture or forestry credit.--The term ``agriculture
or forestry credit'' means a credit derived from the
prevention, reduction, or mitigation of greenhouse gas
emissions or carbon sequestration on agricultural land or
private forest land that may be bought or sold on a voluntary
environmental credit market.
(3) Beginning farmer or rancher.--The term ``beginning
farmer or rancher'' has the meaning given the term in section
2501(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(a)).
(4) Covered entity.--The term ``covered entity'' means a
person or State that either--
(A) is a provider of technical assistance to farmers,
ranchers, or private forest landowners in carrying out
sustainable land use management practices that--
(i) prevent, reduce, or mitigate greenhouse gas emissions;
or
(ii) sequester carbon; or
(B) is a third-party verifier entity that conducts the
verification of the processes described in protocols for
voluntary environmental credit markets.
(5) 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.
(6) Program.--The term ``Program'' means the Greenhouse Gas
Technical Assistance Provider and Third-Party Verifier
Transparency Program established under subsection (c).
(7) Protocol.--The term ``protocol'' means a systematic
approach that follows a science-based methodology that is
transparent and thorough to establish resources--
(A) for the development of projects to prevent, reduce, or
mitigate greenhouse gas emissions or sequester carbon that
include 1 or more baseline scenarios; and
(B) demonstrating how to quantify, monitor, report, and
verify the prevention, reduction, or mitigation of greenhouse
gas
[[Page S4702]]
emissions or carbon sequestration by projects described in
subparagraph (A).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(9) Technical assistance.--The term ``technical
assistance'' means technical expertise, information, and
tools necessary to assist a farmer, rancher, or private
forest landowner who is engaged in or wants to engage in a
project to prevent, reduce, or mitigate greenhouse gas
emissions or sequester carbon to meet a protocol.
(10) Voluntary environmental credit market.--The term
``voluntary environmental credit market'' means a voluntary
market through which agriculture or forestry credits may be
bought or sold between private sector entities.
(c) Establishment.--
(1) In general.--On the date that is 270 days after the
date of enactment of this Act, and after making a positive
determination under paragraph (2), the Secretary shall
establish a voluntary program, to be known as the
``Greenhouse Gas Technical Assistance Provider and Third-
Party Verifier Transparency Program'', to publicize common
practices and common qualifications of covered entities that
the Secretary determines are related to the activities
described in subsection (d).
(2) Determination.--The Secretary shall establish the
Program only if, after considering relevant information,
including the information collected or reviewed relating to
the assessment conducted under subsection (g)(1)(A), the
Secretary determines that the Program will further each of
the purposes described in paragraphs (1) and (2) of
subsection (a).
(3) Report.--If the Secretary determines under paragraph
(2) that the Program would not further the purposes described
in paragraph (1) or (2) of subsection (a) and does not
establish the Program, the Secretary shall publish a report
describing the reasons the Program would not further those
purposes.
(d) Common Practices of Technical Assistance Providers.--
(1) Protocols and qualifications.--After providing public
notice and at least a 60-day period for public comment, the
Secretary shall, during the 90-day period beginning on the
date on which the Program is established, publish--
(A) a list of, and documents relating to, generally
recognized protocols for voluntary environmental credit
markets that are designed to ensure consistency, reliability,
effectiveness, efficiency, and transparency, including
protocol documents and details relating to--
(i) calculations;
(ii) sampling methodologies;
(iii) accounting principles;
(iv) systems for verification, monitoring, measurement, and
reporting; and
(v) methods to account for additionality, permanence,
leakage, and, where appropriate, avoidance of double
counting; and
(B) descriptions of qualifications of covered entities that
provide assistance to farmers, ranchers, and private forest
landowners in accomplishing the purposes described in
paragraphs (1) and (2) of subsection (a).
(2) Activities.--The activities described by the Secretary
under the Program shall include current and future activities
that prevent, reduce, or mitigate greenhouse gas emissions or
sequester carbon, 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--
(i) feeds, feed additives, and the use of byproducts as
feed sources; or
(ii) manure management practices;
(D) on-farm energy generation;
(E) energy feedstock production;
(F) fertilizer or nutrient use emissions reductions;
(G) reforestation;
(H) forest management, including improving harvesting
practices and thinning diseased trees;
(I) prevention of the conversion of forests, grasslands,
and wetlands;
(J) restoration of wetlands or grasslands;
(K) grassland management, including prescribed grazing;
(L) current practices associated with private land
conservation programs administered by the Secretary; and
(M) such other activities, or combinations of activities,
that the Secretary, in consultation with the Advisory
Council, determines to be appropriate.
(3) Requirements.--In publishing the generally recognized
protocols and description of qualifications under paragraph
(1), the Secretary, in consultation with the Advisory
Council, shall ensure that the descriptions for covered
entities to be described under the Program include
maintaining expertise in all relevant information relating to
market-based protocols, as appropriate, with regard to--
(A) quantification;
(B) verification;
(C) additionality;
(D) permanence;
(E) reporting; and
(F) other expertise, as determined by the Secretary in
consultation with the Advisory Council.
(4) Periodic review.--As appropriate, the Secretary shall
periodically review and revise the list of generally accepted
protocols and description of qualifications published under
paragraph (1) to include any additional protocols or
qualifications that meet the requirements described in
paragraph (3).
(e) Website and Publication of Lists.--
(1) Website and solicitation.--During the 180-day period
beginning on the date on which the Program is established,
the Secretary shall publish, through an existing website
maintained by the Secretary--
(A) the generally accepted protocols and description of
qualifications published by the Secretary under subsection
(d)(1); and
(B) instructions and suggestions to assist farmers,
ranchers, and private forest landowners in facilitating the
development of agriculture or forestry credits and accessing
voluntary environmental credit markets, including--
(i) through working with covered entities described under
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.
(2) Publication.--
(A) In general.--During the 1-year period beginning on the
date on which the Program is established, the Secretary, in
consultation with the Advisory Council and following the
review by the Secretary for completeness and accuracy, shall
use an existing website maintained by the Secretary to
publish--
(i) a list of covered entities self-identified as technical
assistance providers; and
(ii) a list of covered entities self-identified as
verifiers of the processes described in protocols for
voluntary environmental credit markets.
(B) Prohibition on claims.--
(i) In general.--A person, regardless of whether the person
is described under the Program, shall not knowingly make a
claim that the person is a ``USDA-certified technical
assistance provider or third-party verifier for voluntary
environmental credit markets'' or any substantially similar
claim.
(ii) Penalty.--Any person that violates clause (i) shall be
subject to a civil penalty equal to such amount as the
Secretary determines to be appropriate, not to exceed $1,000
per violation.
(3) Updates.--Not less frequently than quarterly, the
Secretary, in consultation with the Advisory Council, shall
update the lists published under paragraph (2)(A).
(4) Submission.--The Secretary shall notify Congress of the
publication of the initial list under paragraph (2)(A).
(5) Savings clause.--Nothing in this section authorizes the
Secretary--
(A) to compel a farmer, rancher, or private forest
landowner to participate in a transaction or project
facilitated by a covered entity described under the Program;
or
(B) to act as a covered entity.
(f) Greenhouse Gas Technical Assistance Provider and Third-
Party Verifier Transparency Program Advisory Council.--
(1) In general.--During the 90-day period beginning on the
date on which the Program is established, the Secretary shall
establish an advisory council, to be known as the
``Greenhouse Gas Technical Assistance Provider and Third-
Party Verifier Transparency Program Advisory Council''.
(2) Membership.--
(A) In general.--The Advisory Council shall be composed of
members appointed by the Secretary in accordance with this
paragraph.
(B) General representation.--The Advisory Council shall--
(i) be broadly representative of the agriculture and
private forest sectors; and
(ii) be composed of not less than 51 percent farmers,
ranchers, or private forest landowners.
(C) Members.--Members appointed under subparagraph (A)
shall include--
(i) not more than 2 representatives of the Department of
Agriculture, as determined by the Secretary;
(ii) not more than 1 representative of the Environmental
Protection Agency, as determined by the Administrator of the
Environmental Protection Agency;
(iii) not more than 1 representative of the National
Institute of Standards and Technology;
(iv) not fewer than 12 representatives of the agriculture
industry, appointed in a manner that is broadly
representative of the agriculture sector, including not fewer
than 6 active farmers and ranchers;
(v) not fewer than 4 representatives of private forest
landowners or the forestry and forest products industry
appointed in a manner that is broadly representative of the
private forest sector;
(vi) not more than 4 representatives of the relevant
scientific research community, including not fewer than 2
representatives 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)), of which 1 shall be a representative of a
college or university eligible to receive funds under the Act
of August 30, 1890 (commonly known as the ``Second Morrill
Act'') (26 Stat. 417, chapter 841; 7 U.S.C. 321 et seq.),
including Tuskegee University;
(vii) not fewer than 12 experts or professionals familiar
with voluntary environmental credit markets and the
verification requirements in those markets;
(viii) not more than 3 members of nongovernmental or civil
society organizations with relevant expertise; and
[[Page S4703]]
(ix) not more than 3 members of private sector entities or
organizations that participate in voluntary environmental
credit markets through which agriculture or forestry credits
are bought and sold.
(D) Chair.--The Secretary shall designate a member of the
Advisory Council to serve as the Chair.
(E) Terms.--
(i) In general.--The term of a member of the Advisory
Council shall be 2 years, except that, of the members first
appointed--
(I) not fewer than 8 members shall serve for a term of 1
year;
(II) not fewer than 12 members shall serve for a term of 2
years; and
(III) not fewer than 12 members shall serve for a term of 3
years.
(ii) Additional terms.--After the initial term of a member
of the Advisory Council, including the members first
appointed, the member may serve not more than 4 additional 2-
year terms.
(3) Meetings.--
(A) Frequency.--The Advisory Council shall meet not less
frequently than annually, at the call of the Chair.
(B) Initial meeting.--During the 90-day period beginning on
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) periodically review and recommend any appropriate
changes to the list of generally recognized protocols and
description of qualifications published by the Secretary
under subsection (d)(1);
(B) make recommendations to the Secretary regarding the
best practices that should be included in the descriptions of
generally recognized protocols and qualifications described
in subparagraph (A); and
(C) advise the Secretary regarding--
(i) the current methods used by voluntary environmental
credit markets to quantify and verify the prevention,
reduction, and mitigation of greenhouse gas emissions or
sequestration of carbon;
(ii) additional considerations for describing covered
entities under the Program;
(iii) means to reduce Federal barriers to entry in the
business of providing technical assistance or the
verification of the processes described in protocols for
voluntary environmental credit markets for covered entities;
(iv) means to reduce Federal compliance and verification
costs for farmers, ranchers, and private forest landowners in
entering voluntary environmental credit markets, including
through mechanisms and processes to aggregate the value of
activities across land ownership;
(v) issues relating to land and asset ownership in light of
evolving voluntary environmental credit markets; and
(vi) additional means to reduce barriers to entry in
voluntary environmental credit markets for farmers, ranchers,
and private forest landowners.
(5) Compensation.--The members of the Advisory Council
shall serve without compensation.
(6) Conflict of interest.--The Secretary shall prohibit any
member of the Advisory Council from--
(A) engaging in any determinations or activities of the
Advisory Council that may result in the favoring of, or a
direct and predictable effect on--
(i) the member or a family member, as determined by the
Secretary;
(ii) stock owned by the member or a family member, as
determined by the Secretary; or
(iii) the employer of, or a business owned in whole or in
part by, the member or a family member, as determined by the
Secretary; or
(B) providing advice or recommendations regarding, or
otherwise participating in, matters of the Advisory Council
that--
(i) constitute a conflict of interest under section 208 of
title 18, United States Code; or
(ii) may call into question the integrity of the Advisory
Council, the Program, or the technical assistance or
verification activities described under subsection (d)(2).
(7) FACA applicability.--The Advisory Council shall be
subject to the Federal Advisory Committee Act (5 U.S.C.
App.), except that section 14(a)(2) of that Act shall not
apply.
(g) Assessment.--
(1) In general.--Not later than 240 days after the date of
enactment of this Act, the Secretary, in consultation with
the Administrator of the Environmental Protection Agency,
shall--
(A) conduct an assessment, including by incorporating
information from existing publications and reports of the
Department of Agriculture and other entities with relevant
expertise, regarding--
(i) the number and categories of non-Federal actors in the
nonprofit and for-profit sectors involved in buying, selling,
and trading agriculture or forestry credits in voluntary
environmental credit markets;
(ii) the estimated overall domestic market demand for
agriculture or forestry credits at the end of the preceding
4-calendar year period, and historically, in voluntary
environmental credit markets;
(iii) the total number of agriculture or forestry credits
(measured in metric tons of carbon dioxide equivalent) that
were estimated to be in development, generated, or sold in
market transactions during the preceding 4-calendar year
period, and historically, in voluntary environmental credit
markets;
(iv) the estimated supply and demand of metric tons of
carbon dioxide equivalent of offsets in the global
marketplace for the next 4 years;
(v) the barriers to entry due to compliance and
verification costs described in subsection (f)(4)(C)(iv);
(vi) the state of monitoring and measurement technologies
needed to quantify long-term carbon sequestration in soils
and from other activities to prevent, reduce, or mitigate
greenhouse gas emissions in the agriculture and forestry
sectors;
(vii) means to reduce Federal barriers to entry into
voluntary environmental credit markets for small and
beginning farmers, ranchers, and private forest landowners
and the extent to which existing protocols in voluntary
environmental credit markets allow for aggregation of
projects among farmers, ranchers, and private forest
landowners;
(viii) the potential impact of Department of Agriculture
activities on supply and demand of agriculture or forestry
credits;
(ix) the extent to which existing protocols in voluntary
environmental credit markets, including verification,
additionality, permanence, and reporting, adequately take
into consideration and account for factors encountered by the
agriculture and private forest sectors in preventing,
reducing, or mitigating greenhouse gases or sequestering
carbon through agriculture and forestry practices,
considering variances across regions, topography, soil types,
crop or species varieties, and business models;
(x) the extent to which existing protocols in voluntary
environmental credit markets consider options to ensure the
continued valuation, through discounting or other means, of
agriculture and forestry credits in the case of the practices
underlying those credits being disrupted due to unavoidable
events, including production challenges and natural
disasters; and
(xi) opportunities for other voluntary markets outside of
voluntary environmental credit markets to foster the trading,
buying, or selling of credits that are derived from
activities that provide other ecosystem service benefits,
including activities that improve water quality, water
quantity, wildlife habitat enhancement, and other ecosystem
services, as the Secretary determines appropriate;
(B) publish the assessment; and
(C) submit the assessment to Congress, the Committee on
Agriculture, Nutrition, and Forestry of the Senate, and the
Committee on Agriculture of the House of Representatives.
(2) Quadrennial assessment.--The Secretary, in consultation
with the Administrator of the Environmental Protection Agency
and the Advisory Council, shall conduct the assessment
described in paragraph (1)(A) and publish and submit the
assessment in accordance with subparagraphs (B) and (C) of
paragraph (1) every 4 years after the publication and
submission of the first assessment under subparagraphs (B)
and (C) of paragraph (1).
(h) Report.--Not later than 2 years after the date on which
the Program is established, and every 2 years thereafter, the
Secretary shall publish and submit to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Agriculture of the House of Representatives a
report describing, for the period covered by the report--
(1) a review of the outcomes of the Program, including--
(A) the ability of farmers, ranchers, and private forest
landowners, including small and beginning farmers, ranchers,
and private forest landowners, to develop agriculture or
forestry credits through covered entities described under the
Program;
(B) methods to improve the ability of farmers, ranchers,
and private forest landowners to overcome barriers to entry
to voluntary environmental credit markets; and
(C) methods to further facilitate participation of farmers,
ranchers, and private forest landowners in voluntary
environmental credit markets; and
(2) any recommendations for improvements to the Program.
(i) Confidentiality.--
(1) Prohibition.--
(A) In general.--Except as provided in paragraph (2), the
Secretary, any other officer or employee of the Department of
Agriculture or any agency of the Department of Agriculture,
or any other person may not disclose to the public the
information held by the Secretary described in subparagraph
(B).
(B) Information.--
(i) In general.--Except as provided in clause (ii), the
information prohibited from disclosure under subparagraph (A)
is--
(I) information collected by the Secretary or published by
the Secretary under subsection (g) or (h);
(II) personally identifiable information, including in a
contract or service agreement, of a farmer, rancher, or
private forest landowner, obtained by the Secretary under
this section; and
(III) confidential business information in a contract or
service agreement of a farmer, rancher, or private forest
landowner obtained by the Secretary under this section.
(ii) Aggregated release.--Information described in clause
(i) may be released to the public if the information has been
transformed into a statistical or aggregate form that does
not allow the identification of the
[[Page S4704]]
person who supplied or is the subject of the particular
information.
(2) Exception.--Paragraph (1) shall not prohibit the
disclosure by an officer or employee of the Federal
Government of information described in paragraph (1)(B) as
otherwise directed by the Secretary or the Attorney General
for enforcement purposes.
(j) Funding.--
(1) Authorization of appropriations.--In addition to the
amount made available under paragraph (2), there is
authorized to be appropriated to carry out this section
$1,000,000 for each of fiscal years 2022 through 2026.
(2) Direct funding.--
(A) Rescission.--There is rescinded $4,100,000 of the
unobligated balance of amounts made available by section 1003
of the American Rescue Plan Act of 2021 (Public Law 117-2).
(B) Direct funding.--If sufficient unobligated amounts made
available by section 1003 of the American Rescue Plan Act of
2021 (Public Law 117-2) are available on the date of
enactment of this Act to execute the entire rescission
described in subparagraph (A), then on the day after the
execution of the entire rescission, there is appropriated to
the Secretary, out of amounts in the Treasury not otherwise
appropriated, $4,100,000 to carry out this section.
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