1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1569 By: Rader
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Carbon Sequestration
7 Enhancement Act; amending 27A O.S. 2021, Sections 3-
8 4-101, 3-4-102, and 3-4-105, which relate to duties
8 of the Oklahoma Conservation Commission; clarifying
9 jurisdiction of the Commission as it relates to
9 carbon sequestration; conforming language; updating
10 statutory reference; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 27A O.S. 2021, Section 3-4-101, is
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15 amended to read as follows:
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16 Section 3-4-101. A. This article shall be known and may be
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17 cited as the “Oklahoma Carbon Sequestration Enhancement Act”.
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18 B. The Oklahoma Legislature finds that:
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19 1. Increasing levels of carbon dioxide and other gases in the
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20 atmosphere have led to growing interest in national and
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21 international forums for implementing measures to slow and reverse
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22 the buildup of such atmospheric constituents. These measures may
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23 include, but are not limited to, the establishment of systems of
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24 trading in carbon dioxide credits or adoption of practices,
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 1 technologies, or other measures which decrease the concentration of
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2 carbon dioxide in the atmosphere and improve air quality;
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3 2. Carbon sequestration practices have great potential to
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4 increase carbon sequestration and help offset the impact of carbon
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5 dioxide emissions on carbon dioxide concentrations in the
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6 atmosphere; and
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7 3. It is in the interest of the citizens of this state that the
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8 Oklahoma Conservation Commission document and quantify carbon
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9 sequestration associated with terrestrial and agricultural carbon
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10 sequestration practices. The provisions of this act shall not
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11 include geologic carbon sequestration occurring in Underground
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12 Injection Control (UIC) Class II or Class VI projects.
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13 C. It is the intent of the Legislature that such efforts to
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14 document and quantify carbon sequestration associated with
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15 terrestrial and agricultural carbon sequestration practices will
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16 enhance the ability of the state’s landowners, well owners and
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17 mineral owners to participate in any system of carbon dioxide
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18 emissions marketing or trading that may be developed in the future.
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19 D. For purposes of this act the Oklahoma Carbon Sequestration
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20 Enhancement Act, “carbon sequestration practices” and “carbon
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21 capture and storage practices” shall mean and include:
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22 1. Improved agricultural practices, including, but not limited
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23 to, decreasing soil tillage, planting and managing vegetation,
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24 growing agricultural crops, or managing any existing vegetated area;
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 1 2. Improved natural resources conservation practices,
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2 including, but not limited to, vegetation, revegetation,
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3 forestation, afforestation, and reforestation on rangeland and other
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4 agricultural and nonagricultural lands;
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5 3. Practices involving the capture and sequestration or storage
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6 of carbon dioxide emissions through carbon dioxide injection in
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7 producing oil or gas wells, abandoned oil or gas wells, or other
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8 wells;
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9 4. Other improved methods of stewardship for the natural
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10 resources of Oklahoma this state; and
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11 5. 4. Other terrestrial and agricultural methods of
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12 sequestering, displacing, or avoiding carbon dioxide emissions
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13 approved by the Oklahoma Conservation Commission.
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14 SECTION 2. AMENDATORY 27A O.S. 2021, Section 3-4-102, is
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15 amended to read as follows:
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16 Section 3-4-102. The Oklahoma Conservation Commission shall:
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17 1. Encourage the production of educational and advisory
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18 materials regarding terrestrial and agricultural carbon
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19 sequestration and storage and the opportunities to participate in
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20 any a related system of carbon dioxide emissions trading or
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21 marketing that may be developed in the future; and
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22 2. Identify areas of research needed to better understand and
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23 quantify terrestrial and agricultural carbon sequestration and
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 1 storage involved in terrestrial and agricultural carbon
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2 sequestration practices within the state.
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3 SECTION 3. AMENDATORY 27A O.S. 2021, Section 3-4-105, is
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4 amended to read as follows:
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5 Section 3-4-105. A. The Oklahoma Conservation Commission is
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6 hereby authorized to establish and administer the terrestrial and
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7 agricultural carbon sequestration certification program. The
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8 purposes of the program are to provide a mechanism for creating and
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9 preserving carbon reserves in this state by encouraging voluntary
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10 practices that protect or improve natural resources, to enable
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11 Oklahomans to participate in market-based programs for natural
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12 resource protection, to provide a mechanism for Oklahomans to
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13 benefit from the ecosystem services they provide, to verify carbon
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14 sequestration or storage associated with terrestrial and
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15 agricultural carbon sequestration practices, and to issue carbon
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16 sequestration certificates associated with terrestrial and
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17 agricultural carbon sequestration practices that the Commission
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18 determines qualify for such certificates.
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19 B. The Commission, in consultation with the Department of
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20 Environmental Quality and with the advice of the terrestrial and
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21 agricultural carbon sequestration stakeholder groups appointed by
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22 the Commission, shall develop and promulgate rules as necessary to
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23 administer, implement, and enforce the provisions of this act
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24 Section 3-4-101 et seq. of this title, including, but not limited
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 1 to, developing and implementing uniform standards and criteria for
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2 verifying carbon sequestration and storage associated with
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3 terrestrial and agricultural carbon sequestration practices and
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4 issuing carbon sequestration certificates associated with approved
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5 terrestrial and agricultural carbon sequestration practices. In
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6 promulgating the rules, the Commission shall develop the program to
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7 be as consistent as possible with other governmental programs
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8 designed to create carbon reserves for the purpose of voluntarily
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9 reducing greenhouse gases or designed to certify terrestrial and
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10 agricultural carbon sequestration practices.
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11 C. In order for terrestrial and agricultural carbon
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12 sequestration to be verified and certified under this section, an
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13 applicant shall file an application with the Commission. Along with
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14 the application, the applicant shall submit a resource management
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15 plan, or a project plan as applicable, detailing activities that
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16 will increase or maintain existing trapped carbon including, but not
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17 limited to, improved forest management, alteration of or changes in
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18 silviculture practices, and growing of designated crops and any
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19 other such terrestrial and agricultural carbon sequestration
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20 practices including, but not limited to, the capture and
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21 sequestration of carbon dioxide emissions through injection of
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22 carbon dioxide underground.
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 1 D. The Commission shall require applicants to submit such
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2 information, forms, and reports as are necessary to properly and
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3 efficiently administer the program.
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4 E. Prior to granting a carbon sequestration certificate, the
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5 Commission shall adopt criteria associated with the approved
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6 terrestrial and agricultural carbon sequestration practice for which
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7 an application is submitted. In addition, the Commission shall
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8 determine, based upon compliance with the site criteria, the volume
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9 or numerical amount of credits or offsets achievable by the specific
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10 terrestrial and agricultural carbon sequestration practice.
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11 F. Applications for a terrestrial and agricultural carbon
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12 sequestration certificate shall be approved or denied in accordance
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13 with criteria promulgated by the Commission.
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14 G. The Commission is authorized to establish fees associated
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15 with the terrestrial and agricultural carbon sequestration
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16 certification program.
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17 SECTION 4. This act shall become effective November 1, 2024.
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19 59-2-2603 RD 1/5/2024 3:28:02 PM
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