Alaska 33rd Legislature (2023-2024) Status: In Committee

HB 49 — An Act authorizing the Department of Natural Resources to lease land for carbon management purposes; establishing a carbon offset program for state land; authorizing the sale of carbon offset credits; and providing for an effective date.

Last action — (H) Minutes (HFIN)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 33rd Legislature (2023-2024). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

269 added · 275 removed

Plain-language change summary

The amended version of House Bill 49 deletes specific language that authorized the use of land and water in designated state forests for carbon offset projects. Instead, the focus is now solely on the sale of carbon offset credits and matters related to contracts and revenue under a carbon offset program. This change is significant because it simplifies the bill, making it clearer that its primary aim is managing carbon offsets without expanding the scope to include the management of land and water resources.

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33-GH1372\U CS FOR HOUSE BILL NO.
33-GH1372\A HOUSE BILL NO.
49(RES) IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - FIRST SESSION BY THE HOUSE RESOURCES COMMITTEE Referred:
49 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - FIRST SESSION BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced:
Finance Sponsor(s):
1/27/23 Referred:
HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR A BILL FOR AN ACT ENTITLED "An Act authorizing the Department of Natural Resources to lease land for carbon management purposes;
Resources, Finance A BILL FOR AN ACT ENTITLED "An Act authorizing the Department of Natural Resources to lease land for carbon management purposes;
authorizing the use of land and water within the Haines State Forest Resource Management Area for a carbon offset project;
authorizing the undertaking of carbon offset projects on land in legislatively designated state forests;
HB0049b -1- CSHB 49(RES) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1372\U * Sec.
* Sec.
(a) Except as provided in AS 38.05.035, 38.05.070, 38.05.073, 38.05.081, 38.05.082, 38.05.083, 38.05.087, 38.05.102, 38.05.565, 38.05.600, 38.05.810, and this section, when competitive interest has been demonstrated or the commissioner determines that it is in the state's best interests, leasing shall be made at public auction or by sealed bid, at the discretion of the director, to the highest qualified bidder as determined by the commissioner.
(a) Except as provided in AS 38.05.035, 38.05.070, 38.05.073, 38.05.081, 38.05.082, 38.05.083, 38.05.087, 38.05.102, 38.05.565, 38.05.600, 38.05.810, and this section, when competitive interest has been demonstrated or the commissioner HB0049a -1- HB 49 New Text Underlined [DELETED TEXT BRACKETED] 33-GH1372\A determines that it is in the state's best interests, leasing shall be made at public auction or by sealed bid, at the discretion of the director, to the highest qualified bidder as determined by the commissioner.
CSHB 49(RES) -2- HB0049b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1372\U Sec.
Sec.
(b) A person may apply to lease land for a carbon management purpose by submitting an application to the department.
HB 49 -2- HB0049a New Text Underlined [DELETED TEXT BRACKETED] 33-GH1372\A (b) A person may apply to lease land for a carbon management purpose by submitting an application to the department.
In determining the most qualified applicant, the director shall consider whether the applicant has previous experience with carbon management, the anticipated lease term, how the proposed use would accommodate concurrent use of the land, consistency with existing state area or management plans, and any additional requirement established by the department in regulation.
In determining the most qualified applicant, the director shall consider whether the applicant has previous experience with carbon management, the anticipated lease term, how the proposed use would accommodate concurrent use of the land, consistency with existing state area or management plans, and any additional requirements established by the department in regulation.
(f) Compensation for a lease under this section (1) shall be designed to maximize the return to the state and be a form HB0049b -3- CSHB 49(RES) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1372\U of compensation provided under AS 38.05.073(m);
(f) Compensation for a lease under this section shall be designed to maximize the return to the state and be a form of compensation provided under AS 38.05.073(m).
(2) shall be separately accounted for under AS 37.05.142;
and (3) may be used by the legislature to make appropriations to the department to carry out the purposes of this section.
(h) Before entering into a lease of land under this section, the director must find under AS 38.05.035(e) that leasing the land for the proposed carbon management purpose is in the best interests of the state.
(h) Before entering into a lease of land under this section, the director must HB0049a -3- HB 49 New Text Underlined [DELETED TEXT BRACKETED] 33-GH1372\A find under AS 38.05.035(e) that leasing the land for the proposed carbon management purpose is in the best interests of the state.
The findings must include (1) reasonably foreseeable effects that a project may have on the state or local economy;
(i) In this section, "carbon management" means a greenhouse gas mitigation measure or non-geologic carbon sequestration project.
and (2) anticipated annual revenue that the lease will yield to the state.
(i) State land used for carbon management purposes must, to the extent practicable, remain open to the public for access, hunting, fishing, and other generally allowed uses as determined by the department.
(j) In this section, "carbon management" means a greenhouse gas mitigation measure or nongeologic carbon sequestration project.
Except for a lease under AS 38.05.081, if [IF] land within a leasehold created under AS 38.05.070 - 38.05.105 is offered for sale or long-term lease at the termination of the existing leasehold, the director may, upon a finding that it is in the best interest of the state, allow a [THE] holder in good standing of the existing [THAT] leasehold to purchase or lease the land for its appraised fair market value at the time of the sale or long-term lease.
Except for a lease under AS 38.05.081, if [IF] land within a leasehold created under AS 38.05.070 - 38.05.105 is offered for sale or long-term lease at the termination of the existing leasehold, the director may, upon a finding that it is in the best interest of the state, allow the holder in good standing of that leasehold to purchase or lease the land for its appraised fair market value at the time of the sale or long-term lease.
(a) A carbon offset program is established in the department to undertake carbon offset projects on state land.
(a) A program is established in the department to undertake carbon offset projects on state land.
(c) The commissioner may enter into contracts with third parties to carry out CSHB 49(RES) -4- HB0049b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1372\U the purposes of AS 38.95.400 - 38.95.499.
(c) The commissioner may enter into contracts with third parties to carry out the purposes of AS 38.95.400 - 38.95.499.
(d) Nothing in AS 38.95.400 - 38.95.499 may be construed to prevent a private landowner from participating in a registry or exchange or to impose additional legal requirements on a private landowner undertaking the landowner's own carbon offset project.
(d) Nothing in AS 38.95.400 - 38.95.499 shall be construed as preventing a private landowner from participating in a registry or exchange, or be construed as the state instituting additional legal requirements on a private landowner undertaking their own carbon offset projects.
The evaluation criteria must include, if applicable, (1) consideration of a project's baseline and predicted additionality;
The evaluation criteria shall include, if applicable, (1) consideration of a project's baseline and predicted additionality;
and (4) reasonably foreseeable effects that a project may have on the state or local economy.
and HB 49 -4- HB0049a New Text Underlined [DELETED TEXT BRACKETED] 33-GH1372\A (4) reasonably foreseeable effects that a project may have on the state or local economy.
(b) Except as otherwise provided in statute or regulation, state land shall be available for carbon offset projects.
(b) Except as otherwise provided in statute or regulation adopted by the commissioner, state land shall be available for carbon offset projects.
In this subsection, "legislatively withdrawn land" means land set aside by the legislature under AS 16.20.010 - 16.20.162, 16.20.300 - 16.20.360, AS 41.21, or AS 41.23.
In this subsection, "legislatively withdrawn land" means land set aside by the legislature under AS 16.20.010 - 16.20.170, 16.20.300 - 16.20.360, AS 41.21.110 - 41.21.990, and AS 41.23.010 - 41.23.630.
(d) A carbon offset project may be undertaken on state land if the director, with the consent of the commissioner, makes a written finding that the project will best serve the interests of the state under AS 38.05.035(e).
(d) A carbon offset project may be undertaken on state land if the director, with the consent of the commissioner, determines the project is in the best interests of the state under AS 38.05.035(e).
(a) After a written finding under AS 38.95.410(d), the director may enter into an agreement to register the carbon offset project to generate revenue from the sale of HB0049b -5- CSHB 49(RES) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1372\U carbon offset credits.
(a) After a written finding under AS 38.95.410(d), the director may enter into an agreement to register the carbon offset project to generate revenue from the sale of carbon offset credits.
The records must include, for each carbon offset project, (1) the project term;
Department records must include, for each carbon offset project, (1) the project term;
Sec.
HB0049a -5- HB 49 New Text Underlined [DELETED TEXT BRACKETED] 33-GH1372\A Sec.
(a) The carbon offset revenue fund is established as a separate fund outside the general fund for the purpose of providing funding for the carbon offset program.
(a) Revenue from the carbon offset program shall be deposited in the carbon offset revenue fund.
Revenue from the carbon offset program shall be deposited in the carbon offset revenue fund.
The carbon offset revenue fund is established outside the general fund for the purpose of providing funding for the carbon offset program.
(b) The legislature may appropriate money in the fund to implement AS 38.95.400 - 38.95.499.
The carbon offset revenue fund consists of money appropriated to the fund by the legislature, including program receipts from the sale of verified carbon offset credits.
(c) On June 30 of each year, the unobligated amount in the carbon offset revenue fund in excess of $10,000,000 lapses into the general fund.
Appropriations to the fund do not lapse.
(b) The commissioner may spend money appropriated to the fund for the purposes of the carbon offset program and to pay the costs of administering the program.
(4) "carbon offset project" includes seaweed farming, afforestation, CSHB 49(RES) -6- HB0049b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1372\U reforestation, and similar land and resource management measures that mitigate greenhouse gases by increasing the carbon stock on state land;
(4) "carbon offset project" means a greenhouse gas mitigation measure on state land that increases the land's carbon stock, including seaweed farming, afforestation, reforestation, and similar land and resource management measures;
(8) "greenhouse gas" includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and other gases that trap and emit radiant energy in the earth's atmosphere;
(8) "greenhouse gas" means a gas that traps and emits radiant energy in the earth's atmosphere, including carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride;
(10) "registry" means an organization or program that brokers carbon offset credits and develops standardized protocols for (A) registering, validating, and verifying carbon offset projects;
(10) "registry" means an organization or program that brokcarbon HB 49 -6- HB0049a New Text Underlined [DELETED TEXT BRACKETED] 33-GH1372\A offset credits and develops standardized protocols for (A) registering, validating, and verifying carbon offset projects;
(11) "shoreland" means land covered by nontidal water that is navigable under the laws of the United States up to ordinary highwater mark as modified by accretion, erosion, or reliction;
(11) "state land" means all land, including shoreland, tideland, and submerged land, or resources belonging to or acquired by the state;
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(12) "state land" means all land, including shoreland, tideland, and submerged land, or resources belonging to or acquired by the state;
in this paragraph, (A) "submerged land" means land that is covered by tidal water between the line of mean low water and seaward to a distance of three geographical miles or further as may be properly claimed by the state;
(13) "submerged land" means land that is covered by tidal water between the line of mean low water and seaward to a distance of three geographical miles or further as may be properly claimed by the state;
(B) "tideland" means land that is periodically covered by tidal water between the elevation of mean high water and mean low water;
(14) "tideland" means land that is periodically covered by tidal water between the elevation of mean high water and mean low water;
(C) "shoreland" means land covered by nontidal water that is navigable under the laws of the United States up to ordinary highwater mark as modified by accretion, erosion, or reliction;
(15) "validate" or "validation" means a registry's initial approval of a project plan before verification of the project;
(12) "validate" or "validation" means a registry's initial approval of a project plan prior to verification of the project;
(16) "verify" or "verification" means a third party's review of a validated project to confirm the project's greenhouse gas net emission reduction or removals for the issuance of carbon offset credits by the registry that has validated the HB0049b -7- CSHB 49(RES) New Text Underlined [DELETED TEXT BRACKETED] 33-GH1372\U project.
(13) "verify" or "verification" means a third party's review of a validated project to confirm the project's greenhouse gas net emission reduction or removals for the issuance of carbon offset credits by the registry that has validated the project.
The commissioner may manage the land and water described in AS 41.15.305(a) for purposes consistent with AS 38.95.400 - 38.95.499.
The commissioner may manage the land HB0049a -7- HB 49 New Text Underlined [DELETED TEXT BRACKETED] 33-GH1372\A and water described in AS 41.15.305(a) for purposes consistent with AS 38.95.400 - 38.95.499.
and (4) if applicable, a carbon offset project undertaken by the department under AS 38.95.400 - 38.95.499.
and (4) a carbon offset project undertaken by the department under AS 38.95.400 - 38.95.499.
CSHB 49(RES) -8- HB0049b New Text Underlined [DELETED TEXT BRACKETED] 33-GH1372\U (a) The commissioner shall prepare a forest management plan consistent with AS 38.04.005 and this chapter for each state forest and for each unit of a state forest to assist in meeting the requirements of this chapter.
(a) The commissioner shall prepare a forest management plan consistent with AS 38.04.005 and this chapter for each state forest and for each unit of a state forest to assist in meeting the requirements of this chapter.
To the extent they are found to be compatible with the primary purpose of state forests under AS 41.17.200, the forest management plan must consider and permit uses of forest land for other [NONTIMBER] purposes, including a carbon offset project under AS 38.95.400 - 38.95.499, recreation, tourism, mining, mineral exploration, mineral leasing, material extraction, consumptive and nonconsumptive uses of wildlife and fish, grazing and other agricultural activities, and other traditional uses.
To the extent they are found to be compatible with the primary purpose of state forests under AS 41.17.200, the forest management plan must consider and permit uses of forest land for nontimber purposes, including a carbon offset project under AS 38.95.400 - 38.95.499, recreation, tourism, mining, mineral exploration, mineral leasing, material extraction, consumptive and nonconsumptive HB 49 -8- HB0049a New Text Underlined [DELETED TEXT BRACKETED] 33-GH1372\A uses of wildlife and fish, grazing and other agricultural activities, and other traditional uses.
This Act takes effect immediately under AS 01.10.070(c).
The uncodified law of the State of Alaska is amended by adding a new section to read:
HB0049b -9- CSHB 49(RES) New Text Underlined [DELETED TEXT BRACKETED]
TRANSITION:
REGULATIONS.
The Department of Natural Resources may adopt regulations to implement this Act.
The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of the law implemented by the regulations.
* Sec.
15.
Section 14 of this Act takes effect immediately under AS 01.10.070(c).
HB0049a -9- HB 49 New Text Underlined [DELETED TEXT BRACKETED]
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Action History

  1. (H) Minutes (HFIN)

  2. (H) Heard & Held

  3. (H) FINANCE at 01:30 PM ADAMS 519

  4. (H) Minutes (HFIN)

  5. (H) Heard & Held

  6. (H) FINANCE at 01:30 PM ADAMS 519

  7. (H) Minutes (HFIN)

  8. (H) Heard & Held

  9. (H) FINANCE at 01:30 PM ADAMS 519

  10. (H) Minutes (HW&M)

  11. (H) Minutes (HFIN)

  12. (H) Heard & Held

  13. (H) FINANCE at 01:30 PM ADAMS 519

  14. (H) Minutes (HFIN)

  15. (H) Heard & Held

  16. (H) FINANCE at 01:30 PM ADAMS 519

  17. (H) REFERRED TO FINANCE

  18. (H) FN6: (DNR)

  19. (H) FN5: (DNR)

  20. (H) FN4: (DNR)

  21. (H) NR: MEARS, ARMSTRONG, DIBERT, MCCABE, RAUSCHER, PATKOTAK

  22. (H) DP: SADDLER, WRIGHT, MCKAY

  23. (H) RES RPT CS(RES) NEW TITLE 3DP 6NR

  24. (H) Minutes (HRES)

  25. (H) Moved CSHB 49(RES) Out of Committee

  26. (H) RESOURCES at 01:00 PM BARNES 124

  27. (H) Minutes (HRES)

  28. (H) Heard & Held

  29. (H) RESOURCES at 01:00 PM BARNES 124

  30. (H) Minutes (HRES)

  31. (H) Heard & Held

  32. (H) RESOURCES at 01:00 PM BARNES 124

  33. (H) Minutes (HRES)

  34. (H) Heard & Held

  35. (H) RESOURCES at 01:00 PM BARNES 124

  36. (H) Minutes (HRES)

  37. (H) Heard & Held

  38. (H) RESOURCES at 01:00 PM BARNES 124

  39. (H) Minutes (HRES)

  40. (H) Heard & Held -- Delayed to a Call of the Chair --

  41. (H) RESOURCES at 01:00 PM BARNES 124

  42. (H) Minutes (HRES)

  43. (H) Scheduled but Not Heard

  44. (H) RESOURCES at 01:00 PM BARNES 124

  45. (H) Minutes (HRES)

  46. (H) <Bill Hearing Canceled>

  47. (H) RESOURCES at 01:00 PM BARNES 124

  48. (H) Minutes (HRES)

  49. (H) <Bill Hearing Canceled> -- Delayed to 1:30 --

  50. (H) RESOURCES at 01:00 PM BARNES 124

  51. (H) Minutes (HRES)

  52. (H) <Bill Hearing Canceled>

  53. (H) RESOURCES at 01:00 PM BARNES 124

  54. (H) Minutes (HRES)

  55. (H) GOVERNOR'S TRANSMITTAL LETTER

  56. (H) FN3: (DNR)

  57. (H) FN2: (DNR)

  58. (H) FN1: (DNR)

  59. (H) RES, FIN

  60. (H) READ THE FIRST TIME - REFERRALS

Sponsors

  • House Rules · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 64 not signed on

Sponsors (1)

  • House Rules

Co-sponsors (0)

None.

Not signed on (64)

64 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors HB 49?
HB 49 is sponsored by House Rules.
What is the current status of HB 49?
This bill died with 33rd Legislature (2023-2024). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 49?
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