1. (a) If the department performs a feasibility evaluation of a potential carbon offset project, that evaluation consists of gathering information relevant to the potential carbon offset project; and using that information to consider the criteria in (c) of this section.
2. (b) Gathering information for a feasibility evaluation under this section may include, and is not limited to, soliciting information from the Department of Fish and Game, the Department of Environmental Conservation, other state agencies, state boards and commissions, industry experts, and service providers the department has contracted with under 11 AAC 78.070.

3. (c) When conducting a feasibility evaluation, the department will consider the criteria outlined in AS 38.95.410(a) and

   1. (1) whether the identified state land is classified in a manner that is appropriate for the potential carbon offset project;
   2. (2) whether the potential carbon offset project would be incompatible with existing use of the land by a state agency;
   3. (3) the anticipated revenue of the potential carbon offset project;
   4. (4) any indirect benefit to the state derived from the potential carbon offset project;
   5. (5) if two or more potential carbon offset projects are suggested for the same state land, which project, if either, warrants continued evaluation;
   6. (6) whether the potential carbon offset project complies with state law and this chapter;
   7. (7) whether the potential carbon offset project would impede public access, resource development, or other uses under AS 38.95.410(f); and
   8. (8) any other information useful to the department's feasibility evaluation.
4. (d) The department will evaluate a potential carbon offset project's baseline and predicted additionality under AS 38.95.410(a)(1) by assessing the best available data it has obtained from industry representatives, the public, private companies, and service providers the department has contracted with under 11 AAC 78.070.
5. (e) A feasibility evaluation under this section does not constitute a best interest finding under 11 AAC 78.050. A feasibility evaluation under this section does not need to be in writing and is not a final, appealable decision under AS 44.37.011. The department may discontinue a feasibility evaluation at any time.
6. (f) The department will conclude a feasibility evaluation of a potential project under this section before it proceeds with a best interest finding under 11 AAC 78.050 and AS 38.95.410(d).

(Eff. 7/19/2024, Register 251)

Authority: AS 38.95.400, AS 38.95.410