reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 15 - Oklahoma's Abandoned Mine Land Reclamation Program › Section 155:15-1-15 - Future set-aside

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission may receive and retain without regard to the three-year limitation referred to in Section 402(g)(1)(D) of the Act, up to 10 percent of the total of the funds distributed annually to the Commission, pursuant to the authority in Sections 402(g)(1) and (5) of SMCRA for a future set-aside fund if such amounts were awarded before December 20, 2006.
(b) The Commission must deposit all set-aside funds awarded into a special fund established under State law. The Commission must expend amounts awarded (together with all interest earned on such amounts) solely to achieve the priorities stated in section 403(a) of SMCRA.
(c) Moneys the Commission deposited in the special fund account, together with any interest earned, are considered State moneys.
Added at 12 Ok Reg 3480, eff 9-11-95; Amended at 27 Ok Reg 2473, eff 8-2-10
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 15 - Oklahoma's Abandoned Mine Land Reclamation Program › Section 155:15-1-16 - Acid mine drainage treatment and abatement

Current through Vol. 41, No. 20, July 1, 2024
In order to establish an Acid Mine Drainage Treatment and Abatement Program, the Commission must meet certain criteria to be eligible.
(1) Beginning December 20, 2006, the Commission having an approved reclamation program may receive and retain, without regard to the limitation in section 402(g)(1)of SMCRA, up to thirty (30) percent of the total of the funds distributed annually to the Commission under section 402(g)(1) of SMCRA (State share funds) and section 402(g)(5) of SMCRA (Historic coal funds). For funds awarded before December 20, 2006, any uncertified State may retain up to 10 percent of the funds distributed to it for an acid mine drainage fund. All amounts set aside under this Section must be deposited into an acid mine drainage abatement and treatment fund established under State law.
(2) Before depositing funds under this section, the Commission must:
(A) Establish a special fund account providing for the earning of interest on fund balances.
(B) Specify that moneys in the account may only be used for the abatement of the causes and treatment of the effects of acid mine drainage in a comprehensive manner within qualified hydrologic units affected by coal mining practices.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 20 - Conservation Cost-Share Program › Section 155:20-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the Conservation Cost-Share Program is to provide financial assistance through cost-share payments to land users identified as eligible for applying soil and water conservation or water quality best management practices.
Added at 15 Ok Reg 4301, eff 8-12-98 (emergency); Added at 16 Ok Reg 1355, eff 6-1-99
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 20 - Conservation Cost-Share Program › Section 155:20-1-3 - Responsibilities

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commissioners shall:
(1) Identify problems affecting the state's renewable natural resources and set resource guided goals that the Conservation Cost-Share Program will address.
(2) Establish, based on Commission staff recommendations, program year guidelines.
(3) Designate priority watersheds and allocate funds to be used in these watersheds based on recommendations from Commission staff.
(4) Consider the establishment of a reserve fund to address contingencies that may arise concerning the operation of the Conservation Cost-Share Program within the districts and/or the Commission.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 20 - Conservation Cost-Share Program › Section 155:20-1-4 - Administration of funds

Current through Vol. 41, No. 20, July 1, 2024
(a)
Conservation Cost-Share Fund.
The Conservation Cost-Share Fund shall be administered according to 27 O. S. Ann. § 3-3-115.
(b)
General.
(1) The Commission will, upon recommendations from Commission staff, set aside not more than 10 percent of any legislative appropriation for administration of the Conservation Cost-Share Program. This money will be used to fund personnel and operating costs, including technical assistance costs, associated with administration of the Program at both the Commission and conservation district level. In addition, a reserve fund may be maintained to meet contingencies that may arise. The remainder of the appropriation will be allocated to two main program initiatives - the Priority Watershed Initiative and the Locally Led Conservation Initiative.
(2) Any funds allocated to districts and not obligated during the allocation period for a given program year will be released by the district and made available for reallocation by the Commission. Additionally, any funds obligated during the allocation period but not disbursed within one year after the end of the allocation period shall be released to the Commission and made available for reallocation. The Commission will reallocate these funds and such funds will be identified as current program year funds.
(3) During any allocation period, should any funds become deobligated within the district, for whatever reason, then these funds are available for re-obligation by the district board within the respective program initiatives.
(4) Nothing in any contract or agreement executed between the district and participant shall be interpreted or construed to constitute a financial or general obligation of the state. No state revenue shall be used to guarantee or pay for any damages to property or injury to persons as a result of the provisions of any contracts or agreements.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 20 - Conservation Cost-Share Program › Section 155:20-1-5 - Eligibility for Conservation Cost-Share Program

Current through Vol. 41, No. 20, July 1, 2024
(a)
Eligible
land.
The determination whether land is eligible for cost-share payments shall be pursuant to any restrictions established by the conservation district in whose jurisdiction the land is located and pursuant to 27A O. S. Ann. §§ 3-3-114.
(b)
Eligible purposes.
Cost-share payments shall be available only for eligible conservation practices.
(c)
Eligible conservation practices.
Conservation practices that the Commission has approved shall be eligible for cost-share payments. A complete listing of the eligible conservation practices will be identified in the Commission's program year guidelines.
(d)
Requirement to file an application and conservation plan.
In order to qualify for a cost-share payment, an eligible person shall file:
(1) An application for allocated funds.
(2) A conservation plan approved by the district in which the eligible person's land is located.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 20 - Conservation Cost-Share Program › Section 155:20-1-6 - Application processing procedures [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 15 Ok Reg 4301, eff 8-12-98 (emergency); Added at 16 Ok Reg 1355, eff 6-1-99; Revoked at 26 Ok Reg 797, eff 4-25-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 20 - Conservation Cost-Share Program › Section 155:20-1-7 - Maintenance of practices [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 15 Ok Reg 4301, eff 8-12-98 (emergency); Added at 16 Ok Reg 1355, eff 6-1-99; Revoked at 26 Ok Reg 797, eff 4-25-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 20 - Conservation Cost-Share Program › Section 155:20-1-8 - Violations of performance or maintenance agreements [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 15 Ok Reg 4301, eff 8-12-98 (emergency); Added at 16 Ok Reg 1355, eff 6-1-99; Revoked at 26 Ok Reg 797, eff 4-25-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 20 - Conservation Cost-Share Program › Section 155:20-1-9 - Determining status of conservation practices during transfer of land ownership [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 15 Ok Reg 4301, eff 8-12-98 (emergency); Added at 16 Ok Reg 1355, eff 6-1-99; Revoked at 26 Ok Reg 797, eff 4-25-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 20 - Conservation Cost-Share Program › Section 155:20-1-10 - Reporting and accounting [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 15 Ok Reg 4301, eff 8-12-98 (emergency); Added at 16 Ok Reg 1355, eff 6-1-99; Revoked at 26 Ok Reg 797, eff 4-25-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 25 - Clean Water State Revolving Fund Program › Section 155:25-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
Title 82 O.S. §
								1085.65 requires the Oklahoma Conservation Commission (OCC or Commission) to promulgate rules to receive, and review applications for water quality projects submitted to the Clean Water State Revolving Fund Program for implementation of nonpoint source management programs as allowed by the federal Water Quality Act of 1987 for those activities subject to its jurisdiction as specified in the Oklahoma Environmental Quality Act. This rule specifies the process for such receipt and review.
Added at 25 Ok Reg 7, eff 8-8-07 (emergency); Added at 25 Ok Reg 851, eff 5-11-08
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 25 - Clean Water State Revolving Fund Program › Section 155:25-1-2 - Receiving and Reviewing Applications

Current through Vol. 41, No. 20, July 1, 2024
(a) Applications and requests for funding for projects for nonpoint source management programs shall be filed with the Oklahoma Water Resources Board (OWRB). If the application meets the preliminary determination of eligibility the OWRB will forward the application to the OCC.
(b) The OCC'S Water Quality Division (OCCWQ) will review the application or request and determine whether the project meets or will meet a critical local or state need, as defined in the State Nonpoint Source Assessment and Management Report, is needed or will be needed to comply with the State Nonpoint Source Assessment and Management Report, is designed to prevent, reduce or halt the pollution of the waters of this state and comply with Oklahoma's Water Quality Standards, is cost-effective, and is designed to be awarded upon a cost-share basis.
(c) The Commission shall consult with and obtain comments of the Executive Director of the Department of Environmental Quality prior to making a recommendation on all applications and programs that may involve nonpoint sources subject to the jurisdiction of the Department of Environmental Quality. The Department of Environmental Quality's comments shall be addressed in the recommendation or attached thereto.
(d) Upon a determination that the proposed project meets the minimum criteria set forth in (b) above, the proposed project shall be placed on the Commission's list of approved projects. Said list, and the application or request will be submitted to the OWRB with a recommendation that a loan(s) be made for the project(s).
(e) OCC will make its determination with respect to whether a proposed project meets the minimum criteria set forth in (b) above and, if deciding to place the proposed project on the Commission's list of approved projects, will submit the list, the application or request and recommendation to the OWRB within thirty (30) days of receipt of the application or request from OWRB as set forth in (a) above. If recommending that a loan be denied for the proposed project, OCC will submit the application or request and recommendation to the OWRB within thirty (30) days of receipt of the application or request from OWRB as set forth in (a) above.
Added at 25 Ok Reg 7, eff 8-8-07 (emergency); Added at 25 Ok Reg 851, eff 5-11-08
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 1 - General Provisions › Section 155:30-1-1 - Purpose and authority

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter are promulgated for the purpose of establishing and administering the Oklahoma Carbon Sequestration Certification Program, pursuant to the Oklahoma Carbon Sequestration Enhancement Act. These rules describe and establish the requirements for voluntary participation in the Program. The rules define carbon dioxide and an Oklahoma verified carbon offset. The rules also describe how to register Oklahoma carbon offsets on the Oklahoma Carbon Offset Registry. Additionally, the rules describe the process to become recognized as a state approved aggregator or verifier of carbon offsets. These rules are to ensure that each transferable Oklahoma verified offset is a true representation of the quantity of stored greenhouse gas that it is claimed to represent, and that each offset is only claimed once for the purposes of emissions reduction. Such assurance is fundamental to the sale, trade, or transfer of greenhouse gas offsets.
(For information about related emergency rules, see Editor's Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 1 - General Provisions › Section 155:30-1-3 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
These rules apply to aggregators and operators who are seeking verification and certification of Oklahoma carbon offsets or carbon sequestration projects through this program; to persons seeking to become state approved aggregators or verifiers of Oklahoma carbon offsets through this program; and to persons seeking to register Oklahoma carbon offsets on the Oklahoma Carbon Offset Registry. The Commission disclaims any express or implied warranties as to the marketability, merchantability, or market value of an offset verified by the Oklahoma Carbon Program.
(For information about related emergency rules, see Editor's Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 1 - General Provisions › Section 155:30-1-4 - Informal complaint process

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person may complain to the Commission about any matter regarding this program under the Commission's authority. A complaint shall be in writing, and it shall include the following information:
(1) The name, address, and telephone number of the person making the complaint;
(2) The name, address, and telephone number of the organization the person represents, if applicable;
(3) The name, address, telephone number, and title of any representative of the person filing the complaint;
(4) A brief, clear description of each charge, problem, or issue that is the basis for the complaint including names, dates, places, and actions;
(5) The numbers and headings of the laws and rules that may apply;
(6) The remedy, if any, the person making the complaint seeks;
(7) The signature of the person making the complaint; and
(8) The date of the complaint.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 3 - Verification of Carbon Offsets › Section 155:30-3-1 - Approval process for applications for carbon offset verification

Current through Vol. 41, No. 20, July 1, 2024
The process for approval of applications for carbon offset verification pursuant to this program is as follows:
(1) An applicant shall submit an application requesting verification of a carbon offset or sequestration project to the Commission. The application shall comply with both general requirements of this subchapter and any additional specific requirements contained in subsequent subchapters regarding the different types of carbon offsets.
(2) Eligible carbon offsets identified in the application will be verified by the Commission or other state approved verifier.
(3) The Commission will issue a certificate of Oklahoma verified offset if the offset is found to be in accordance with standards pursuant to or accepted by this program.
(For information about related emergency rules, see Editor's Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 3 - Verification of Carbon Offsets › Section 155:30-3-2 - Applications for carbon offset verification

Current through Vol. 41, No. 20, July 1, 2024
(a)
Obtaining an application.
An applicant may obtain an application from the Commission.
(b)
Contents.
Applications shall be submitted on a form provided or in a format designated by the Commission. The application shall contain, at a minimum, the following information:
(1) The name, address, and phone number of the applicant;
(2) The name, address, and phone number of the offset aggregator, if an aggregator has been retained;
(3) The legal description of the physical location of the offset or project;
(4) The name of the city nearest to the location of the offset or project, and the county in which the offset or project is located;
(5) The type of offset and start date of the activity or project that created the offset;
(6) An aerial photo of the land delineating the offset or project area and indicating the number of acres delineated or, in the case of geologic sequestration, an aerial photo, topographical map, or graphic depiction of the land area overlaying the reservoir that received the carbon dioxide or carbon dioxide equivalent. If the above are not available, the Commission may accept GPS coordinates of the offset or project;
(7) A statement, signed by an authorized person, that permits and authorizes the Commission or other state approved verifier to conduct verification pursuant to these rules; and
(8) Exhibits as required in the respective subchapter related to the application.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 3 - Verification of Carbon Offsets › Section 155:30-3-3 - Commission action on applications for carbon offset verification

Current through Vol. 41, No. 20, July 1, 2024
(a)
Approval.
When the Commission is satisfied that all requirements for verification have been met, then a certificate of verification will be issued to the applicant.
(b)
Denial.
Any denial of an application shall be in writing and provided to the applicant, along with the reasons that the application was denied. A denial shall also advise the applicant of their right of appeal and of the procedures necessary to exercise those appeal rights.
(c)
Timing.
A certificate of verification or a denial will be issued by the Commission to the applicant within (90) days after receipt of an application, unless more time is required. In that case, the Commission shall notify the applicant in writing that additional time is needed.
(d)
Withdrawal.
Any application may be withdrawn by the applicant at any time prior to verification occurring. An applicant may withdraw an application by submitting a written request to the Commission. The applicant's application will be automatically withdrawn upon receipt of the request by the Commission. Any fees paid in connection with any application that is later withdrawn under this section shall not be refunded to the applicant.
(For information about related emergency rules, see Editor's Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 3 - Verification of Carbon Offsets › Section 155:30-3-4 - Verification

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission or other approved verifier shall verify carbon offsets using protocols established by or approved by the Commission. Carbon offsets shall be verified to a reasonable level of assurance by the Commission or other state approved verifier.
(b) Verification shall include the calculation of the volume or weight of carbon dioxide or carbon dioxide equivalent sequestered by the project, and will use visual confirmation paired with values from carbon accumulation tables, standard values for each type of carbon offset, or direct measurement or other verification protocol or document applicable under the respective subchapter related to the application.
(For information about related emergency rules, see Editor's Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 3 - Verification of Carbon Offsets › Section 155:30-3-5 - Restrictions on certification

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission reserves the right to transfer a certificate to another person if the applicant is not legally entitled to the certificate.
(b) The Commission shall not determine the market value, if any, of any carbon offset.
(c) The Commission on issues relevant to the project shall not certify a carbon offset that has accidentally, intentionally, or through gross negligence violated the law when such determination is made by a governmental entity having competent jurisdiction. If and when a violation has been cured or remedied to the satisfaction of a governmental entity and documentation of the cure or remedy and satisfaction has been submitted to the Commission, certification will proceed. In addition, the Commission will not certify a carbon offset purported to be created by the intentional disturbance of soil followed by the subsequent replanting of crops or plants for the purpose of creating a carbon offset for monetary gain.
(For information about related emergency rules, see Editor's Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 3 - Verification of Carbon Offsets › Section 155:30-3-6 - Aggregator [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
(For information about related emergency rules, see Editor's Note at beginning of Chapter)
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 3 - Verification of Carbon Offsets › Section 155:30-3-7 - Contracts between aggregators and landowners [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
(For information about related emergency rules, see Editor's Note at beginning of Chapter)
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 5 - Aggregators and Verifiers › Section 155:30-5-1 - Approval process for aggregator and verifier applications

Current through Vol. 41, No. 20, July 1, 2024
Aggregators seeking to receive verification of carbon offsets and persons seeking to conduct verification of carbon offsets under this program must apply to and be approved by the Commission.
(1)
Approval.
The Commission shall notify the applicant in writing within ninety (90) days of receipt of an application that they have been approved to participate as an aggregator or verifier in the program.
(2)
Denial.
Any denial of an application shall be provided to the applicant in writing within ninety (90) days of receipt of an application, along with the reasons that the application was denied. A denial shall also advise the applicant of their right of appeal and of the procedures necessary to exercise those appeal rights.
(3)
Withdrawal.
Any application may be withdrawn by the applicant at any time prior to approval or denial in response to an application. An applicant may withdraw an application at anytime by submitting a written request to the Commission. The application will be automatically withdrawn upon receipt of the request by the Commission. Any fees paid in connection with any application that is later withdrawn under this section shall not be refunded to the applicant.
(For information about related emergency rules, see Editor's Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 5 - Aggregators and Verifiers › Section 155:30-5-2 - Applications for aggregators and verifiers

Current through Vol. 41, No. 20, July 1, 2024
Aggregators seeking to receive verification of carbon offsets and persons seeking to conduct verification of carbon offsets under this program must apply to and be approved by the Commission. This requirement may be waived for governmental entities that are participating in this program as a verifier under a written agreement with the Commission.
(1)
Obtaining an application.
Applications may be obtained from the Commission.
(2)
Fees.
The application shall be accompanied by payment of the application fee. The fee shall be paid by check, certified check, or United States Postal Money Order.
(A)
Aggregators.
An aggregator shall submit with the application a fee of three hundred dollars ($300.00). An aggregator shall submit a new application with a fee of three hundred dollars ($300.00) every three years within the calendar month of the initial application.
(B)
Verifiers.
A verifier shall submit with the application a fee of three hundred dollars ($300.00). A verifier shall submit a new application with a fee of three hundred dollars ($300.00) every three years within the calendar month of the initial application.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 5 - Aggregators and Verifiers › Section 155:30-5-3 - Commission action on applications for aggregators and verifiers

Current through Vol. 41, No. 20, July 1, 2024
(a)
Approval.
The Commission shall notify the applicant within ninety (90) days of receipt of an application that they have been approved to participate in the program.
(b)
Denial.
Any denial of an application shall be provided to the applicant in writing within ninety (90) days of receipt of an application, along with the reasons that the application was denied. A denial shall also advise the applicant of their right of appeal and of the procedures necessary to exercise those appeal rights.
(c)
Withdrawal.
An applicant may withdraw an application at anytime by submitting a written request to the Commission. The application will be automatically withdrawn upon receipt of the request by the Commission. Any fees paid in connection with any application that is later withdrawn under this section shall not be refunded to the applicant.
(d)
Revocation.
An approved application and any subsequent authorizations may be revoked for cause by the Commission at anytime.
(For information about related emergency rules, see Editor's Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 5 - Aggregators and Verifiers › Section 155:30-5-4 - Performance criteria for state approved verifiers

Current through Vol. 41, No. 20, July 1, 2024
State approved verifiers shall do the following:
(1) Have no financial or pecuniary interest in the project they are verifying;
(2) Perform verification only on project scopes and geographies that they are qualified for and authorized to conduct by the Commission;
(3) Conduct verification in accordance with verification criteria, standards, protocols, or agreements established or approved by the Commission;
(4) Certify on forms provided by the Commission that offsets have or have not occurred as claimed;
(5) Evaluate project reports, documentation, and summary reports as required by the Commission;
(6) Establish and implement protocols acceptable to the Commission for conducting verification and reporting the results;
(7) Maintain transparent records on the methods and assumptions used to develop, calculate, and conduct verification of projects to the degree that the methods and assumptions are independently verifiable to other interested persons; and
(8) Provide copies of all required verification reports and supporting documentation or materials to the Commission in accordance with Commission established and approved procedures.
(For information about related emergency rules, see Editor's Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 5 - Aggregators and Verifiers › Section 155:30-5-5 - Performance criteria for state approved aggregators

Current through Vol. 41, No. 20, July 1, 2024
State approved aggregators shall do the following:
(1) Gather the required information for each offset from participating landowners with whom they are contracted;
(2) Submit offset documentation to the Commission pursuant to these rules;
(3) Have verified by this program at least ten percent of the Oklahoma carbon contracts on which the applicant, applicant's company or representative is a contract signatory;
(4) Maintain a monetary reserve to cover offset buyer losses caused by reversal;
(5) Utilize safeguards to ensure that the risk of reversal is minimized and that, should any reversal occur, a mechanism is in place that guarantees that the reductions or removals will be replaced or compensated;
(6) Establish and implement acceptable protocols for landowner contract non-compliance;
(7) Track project information as required;
(8) Report offset information to the state carbon offset registry pursuant to these rules;
(9) Disseminate to the public reliable information about carbon sequestration in Oklahoma;
(10) Encourage landowners to maintain contracted practices that sequester carbon and that result in the sequestered carbon remaining in place at least through the duration of the contract; and
(11) Include the following information in landowner contracts:
(A) Length of time the carbon sink shall be maintained;
(B) Verification requirements;
(C) Compensation protocol;
(D) Reserve stipulations;
(E) Landowner non-compliance stipulations; and
(F) Clear explanation of who owns the rights to the offset.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 5 - Aggregators and Verifiers › Section 155:30-5-6 - Aggregator [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
(For information about related emergency rules, see Editor's Note at beginning of Chapter)
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 5 - Aggregators and Verifiers › Section 155:30-5-7 - Contracts between aggregators and landowners [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
(For information about related emergency rules, see Editor's Note at beginning of Chapter)
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 7 - Carbon Offset Registry › Section 155:30-7-1 - Applications for carbon offset registration

Current through Vol. 41, No. 20, July 1, 2024
(a)
Obtaining an application.
Persons signatory to a contract for, or owning an interest in, a carbon offset, allowance, credit or sequestration project that was not verified by the Oklahoma Carbon Program but who wish to have information related to such offset published to the Oklahoma carbon offset registry may obtain an application from the Commission.
(b)
Contents.
Applications under this subchapter shall be submitted on a form provided or in a format designated by the Commission. The application shall contain, at a minimum, the following information:
(1) The name, address, and phone number of the applicant;
(2) The name, address, and phone number of the offset aggregator, if an aggregator has been retained;
(3) The legal description of the physical location of the offset or project;
(4) The name of the city nearest to the location of the offset or project, and the county in which the offset or project is located;
(5) The type of offset and start date of the activity or project that created the offset;
(6) An aerial photo of the land delineating the offset or project area and indicating the number of acres delineated or, in the case of geologic sequestration, an aerial photo, topographical map, or graphic depiction of the land area overlaying the reservoir that received the carbon dioxide or carbon dioxide equivalent. If the above are not available, the Commission may accept GPS coordinates of the offset or project; and
(7) A copy of the offset purchase and sale contract or other transfer agreement, or memorandum of a contract or agreement, signed by the seller and buyer.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 7 - Carbon Offset Registry › Section 155:30-7-2 - Commission action on applications for carbon offset registration

Current through Vol. 41, No. 20, July 1, 2024
(a)
Approval.
Offset information for carbon offsets not verified by the Oklahoma Carbon Program will be published to the Oklahoma carbon offset registry within ninety (90) days after the application for registration and fees are received and approved by the Commission. Applicants shall refer to the online carbon offset registry to determine application status.
(b)
Denial.
Any denial of an application shall be provided to the applicant in writing within ninety (90) days, along with the reasons that the application was denied. A denial shall also advise the applicant of their right of appeal and of the procedures necessary to exercise those appeal rights.
(c)
Withdrawal.
An applicant may withdraw an application at anytime by submitting a written request to the Commission. The application will be automatically withdrawn upon receipt of the request by the Commission. Any fees paid in connection with any application that is later withdrawn under this section shall not be refunded to the applicant.
(For information about related emergency rules, see Editor's Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 7 - Carbon Offset Registry › Section 155:30-7-3 - Carbon offset registry

Current through Vol. 41, No. 20, July 1, 2024
(a) The carbon offset registry shall be maintained and made publicly available via a website updated by the Commission at least monthly for the purpose of public disclosure.
(b) Information on carbon offsets verified by the Oklahoma Carbon Program will be automatically published to the carbon offset registry after verification is conducted and applicable fees are received by the Commission.
(c) Information on carbon offsets not verified under the Oklahoma Carbon Program will be published to the carbon offset registry after the application for registration accompanied by the fee is received and approved by the Commission.
(d) Each offset reported by an applicant under this subchapter shall be unique; such offset shall not be claimed more than once on any regulatory, voluntary, or off market venue for the purposes of mitigating greenhouse gas emissions.
(For information about related emergency rules, see Editor's Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 7 - Carbon Offset Registry › Section 155:30-7-4 - State Verified Offset issuance [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
(For information about related emergency rules, see Editor's Note at beginning of Chapter)
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 9 - Soil Carbon Sequestration › Section 155:30-9-1 - Filing of applications for soil carbon offset verification

Current through Vol. 41, No. 20, July 1, 2024
A request for verification of a soil carbon offset may be filed during each calendar year of the carbon offset contract.
(For information about related emergency rules, see Editor's Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 9 - Soil Carbon Sequestration › Section 155:30-9-2 - Fees

Current through Vol. 41, No. 20, July 1, 2024
An applicant filing an application under this subchapter shall pay the following fees and expenses:
(1)
Field verification fee.
Thirty dollars ($30.00) per hour charged for time spent in the field verifying the offset, including travel time to and from the offset location. An applicant may indicate on the application a request to be contacted prior to verification and to be told the estimated amount of time that will be needed to conduct verification.
(2)
Field verification expenses.
The government rate in effect on the date of travel will be charged to cover travel or lodging costs incurred during travel associated with field verification. An applicant may indicate on the application a request to be contacted prior to verification and to be told the estimated amount of time that will be needed to conduct verification.
(3)
Document verification fee.
Fifty dollars ($50.00) per hour assessed for the in-office review of documents and preparation of reports that record whether carbon sequestration has occurred.
(4)
State certification fee.
Ten cents ($.10) per metric ton of carbon dioxide for each ton under and including fifty thousand (50,000) metric tons, and three cents ($.03) per metric ton of carbon dioxide for each ton over fifty thousand (50,000) tons, is assessed for the preparation and issuance of a certificate and report evidencing that carbon sequestration occurred and was verified by the Oklahoma Conservation Commission or other state approved verifier not to exceed $10,000 per application. The applicant will be invoiced this fee per application after the Commission has verified the carbon offset.
(For information about related emergency rules, see Editor's Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 9 - Soil Carbon Sequestration › Section 155:30-9-3 - Soil carbon offset verification application requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) In addition to the requirements in Subchapters 1 and 3 for any application, an application for soil carbon offset verification shall include the following:
(1) Resource management plan with details and explanations of the activities that will increase, or maintain existing, trapped carbon including but not limited to growing of designated crops or use of designated cropping systems that created the offset to be verified;
(2) Crop certification summary from a state or federal agency;
(3) Copy of Conservation Reserve Program (CRP) or Conservation Reserve Enhancement Program (CREP) contracts, or other federal conservation contracts when applicable;
(4) Farm records showing dates and schedules of seeding, grazing, haying, or harvest as applicable and necessary to substantiate the offset; and
(5) Current or previous carbon offset contract that includes any portion of the offset for which the applicant is requesting verification.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 9 - Soil Carbon Sequestration › Section 155:30-9-4 - Commission action on soil carbon offset verification applications

Current through Vol. 41, No. 20, July 1, 2024
The Commission shall either approve or deny a soil carbon application and shall notify the applicant in writing of the Commission's determination.
(For information about related emergency rules, see Editor's Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 9 - Soil Carbon Sequestration › Section 155:30-9-5 - Soil carbon offsets eligible for verification

Current through Vol. 41, No. 20, July 1, 2024
(a) Only soil carbon offsets with default or standard sequestration rates determined by research acceptable to the Commission to capture and hold carbon dioxide or its equivalent for a determined or estimated or measurable rate or span of time shall be considered for verification. Types of eligible soil carbon offsets are:
(1) Conservation tillage, and
(2) Grassland establishment.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 11 - Forest Carbon Sequestration › Section 155:30-11-1 - Filing of applications for forestry carbon offset verification

Current through Vol. 41, No. 20, July 1, 2024
A request for verification of a forestry carbon offset may be filed during the first, third, or fifth or later calendar year of the carbon offset contract. For afforestation or reforestation applicants, the first year means the first year following the planting year.
(For information about related emergency rules, see Editor's Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 11 - Forest Carbon Sequestration › Section 155:30-11-2 - Fees

Current through Vol. 41, No. 20, July 1, 2024
An applicant filing an application under this subchapter shall pay the following fees and expenses:
(1)
Field verification fee.
Thirty dollars ($30.00) per hour charged for time spent in the field verifying the offset, including travel time to and from the offset location. An applicant may indicate on the application a request to be contacted prior to verification and to be told the estimated amount of time that will be needed to conduct verification.
(2)
Field verification expenses.
The government rate in effect on the date of travel will be charged to cover travel or lodging costs incurred during travel associated with field verification. An applicant may indicate on the application a request to be contacted prior to verification and to be told the estimated amount of time that will be needed to conduct verification.
(3)
Document verification fee.
Fifty dollars ($50.00) per hour assessed for the in-office review of documents and preparation of reports that record whether carbon sequestration has occurred.
(4)
State certification fee.
Ten cents ($.10) per metric ton of carbon dioxide for each ton under and including fifty thousand (50,000) metric tons, and three cents ($.03) per metric ton of carbon dioxide for each ton over fifty thousand (50,000) tons, is assessed for the preparation and issuance of a certificate and report evidencing that carbon sequestration occurred and was verified by the Oklahoma Conservation Commission or other state approved verifier not to exceed $10,000 per application. The applicant will be invoiced this fee per application after the Commission has verified the carbon offset.
(For information about related emergency rules, see Editor's Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 11 - Forest Carbon Sequestration › Section 155:30-11-3 - Forest carbon offset verification application requirements

Current through Vol. 41, No. 20, July 1, 2024
In addition to the general requirements in Subchapters 1 and 3 for any application, a forest carbon sequestration verification application shall include a forest management plan written on a form provided or in a format approved by the Oklahoma State Forester, containing the following:
(1) Details and explanations of the activities that have or will increase, or maintain existing, trapped carbon;
(2) Clearly stated landowner objectives for the forest management practices that include the sequestration of carbon;
(3) Description and evaluation of the natural resources present on the area;
(4) Defined desired future forest condition;
(5) Description of the forest management practices and activities aimed at reaching the desired forest condition or condition class; and
(6) Documentation of a timeline for forest management plan implementation that includes the start date of the forest management activities.
(For information about related emergency rules, see Editor's Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 11 - Forest Carbon Sequestration › Section 155:30-11-4 - Commission action on forest carbon offset applications

Current through Vol. 41, No. 20, July 1, 2024
The Commission shall either approve or deny a forest carbon offset application and shall notify the applicant in writing of the Commission's determination.
(For information about related emergency rules, see Editor's Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 11 - Forest Carbon Sequestration › Section 155:30-11-5 - Forest carbon offsets eligible for verification

Current through Vol. 41, No. 20, July 1, 2024
(a) Only forest carbon offsets with default or standard sequestration rates determined by research acceptable to the Commission to capture and hold carbon dioxide or its equivalent for a determined or estimated or measurable rate or span of time shall be considered for verification. Types of eligible forestry carbon offsets are:
(1)
Afforestation.
The establishment of trees on lands that was unforested prior to 1990.
(2)
Managed Forests.
The use and management of sustainable silvicultural practices in forests that are also part of a long-term approved forest management plan.
(3)
Reforestation.
The establishment of trees on lands previously forested that are also part of a long-term approved forest management plan.