| 15 | | - | A BILL |
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| 16 | | - | TO BE ENTITLED |
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| 17 | | - | AN ACT |
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| 18 | | - | Relating to geologic storage; to designate Sections |
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| 19 | | - | 9-17-150, 9-17-151, 9-17-152, 9-17-153, 9-17-154, 9-17-155, |
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| 20 | | - | 9-17-156, and 9-17-157, Code of Alabama 1975, as Division 1 of |
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| 21 | | - | Article 6, Chapter 17, Title 9 of the Code of Alabama 1975; |
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| 22 | | - | and to add a Division 2 to Article 6, Chapter 17, Title 9 of |
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| 23 | | - | the Code of Alabama 1975, commencing with Section 9-17-160, to |
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| 24 | | - | define the term "pore space"; to provide that the possessory |
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| 25 | | - | right to pore space below surface real property is vested in |
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| 26 | | - | the surface owners and may be separately conveyed; to further |
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| 27 | | - | provide the circumstances under which a proposed carbon |
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| 28 | | - | dioxide storage facility may receive approval to operate from |
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| 29 | | - | the State Oil and Gas Board; to provide that the board may |
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| 15 | + | SYNOPSIS: |
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| 16 | + | Under existing law, subsurface minerals may be |
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| 17 | + | separately conveyed from the overlying land and waters. |
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| 18 | + | This bill would provide that the possessory |
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| 19 | + | right to pore space below surface real property is |
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| 20 | + | vested in the surface owners and may be separately |
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| 21 | + | conveyed. |
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| 22 | + | Also under existing law, the State Oil and Gas |
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| 23 | + | Board regulates the underground storage of carbon |
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| 24 | + | oxides, including carbon dioxide. |
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| 25 | + | This bill would further provide the |
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| 26 | + | circumstances under which a proposed carbon dioxide |
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| 27 | + | storage facility may receive the board's approval to |
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| 28 | + | operate. |
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| 29 | + | This bill would provide that the board may |
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| 31 | | - | facility under certain circumstances; to create the |
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| 32 | | - | Underground Carbon Dioxide Storage Facility Administrative |
|---|
| 33 | | - | Fund to be used by the board in monitoring and regulating |
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| 34 | | - | active storage facilities; to create the Underground Carbon |
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| 35 | | - | Dioxide Storage Facility Trust Fund to be used by the board in |
|---|
| 36 | | - | long-term monitoring and management of closed storage |
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| 37 | | - | facilities; to create a certificate of project closure and |
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| 31 | + | facility under certain circumstances. |
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| 32 | + | This bill would create the Underground Carbon |
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| 33 | + | Dioxide Storage Facility Administrative Fund to be used |
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| 34 | + | by the board in monitoring and regulating active |
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| 35 | + | storage facilities. |
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| 36 | + | This bill would create the Underground Carbon |
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| 37 | + | Dioxide Storage Facility Trust Fund to be used by the |
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| 38 | + | board in long-term monitoring and management of closed |
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| 39 | + | storage facilities. |
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| 67 | | - | facilities; to create a certificate of project closure and |
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| 68 | | - | completion and provide for its issuance and implications; to |
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| 69 | | - | authorize the Commissioner of Conservation and Natural |
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| 70 | | - | Resources to lease pore space of certain lands for underground |
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| 71 | | - | storage of carbon dioxide; and to further provide for the |
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| 72 | | - | board's rulemaking authority. |
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| 73 | | - | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 74 | | - | Section 1. Sections 9-17-150, 9-17-151, 9-17-152, |
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| 75 | | - | 9-17-153, 9-17-154, 9-17-155, 9-17-156, and 9-17-157, Code of |
|---|
| 76 | | - | Alabama 1975, shall be designated as Division 1 of Article 6, |
|---|
| 77 | | - | Chapter 17, Title 9 of the Code of Alabama 1975. |
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| 78 | | - | Section 2. Division 2 is added to Article 6 of Chapter |
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| 79 | | - | 17, Title 9 of the Code of Alabama 1975, commencing with |
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| 80 | | - | Section 9-17-160, to read as follows: |
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| 81 | | - | Division 2. |
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| 82 | | - | §9-17-160 |
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| 83 | | - | For the purposes of this division, the term "pore |
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| 84 | | - | space" means subsurface space that can be used for the |
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| 85 | | - | geologic storage or sequestration of carbon dioxide and |
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| 86 | | - | incidental substances that are part of the carbon dioxide |
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| 87 | | - | capture, transportation, or storage process. |
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| 88 | | - | §9-17-161 |
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| 89 | | - | (a) The ownership of pore space in all strata below the |
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| 90 | | - | surface lands and waters of this state is vested in the owners |
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| 91 | | - | of the surface rights above the underlying strata where the |
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| 92 | | - | pore space exists, unless the ownership interest in the pore |
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| 93 | | - | space has previously been severed from the surface ownership |
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| 94 | | - | or is explicitly excluded or reserved in a conveyance. |
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| 95 | | - | (b) A conveyance of the surface ownership of real |
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| 69 | + | storage facilities. |
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| 70 | + | This bill would provide for the issuance of a |
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| 71 | + | certificate of project closure and completion by the |
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| 72 | + | board to a carbon dioxide storage facility operator and |
|---|
| 73 | + | the certificate's implications. |
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| 74 | + | Also under existing law, the Commissioner of |
|---|
| 75 | + | Conservation and Natural Resources may lease certain |
|---|
| 76 | + | state lands for various oil and gas uses. |
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| 77 | + | This bill would authorize the commissioner to |
|---|
| 78 | + | lease pore space of certain state lands for underground |
|---|
| 79 | + | storage of carbon dioxide. |
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| 80 | + | A BILL |
|---|
| 81 | + | TO BE ENTITLED |
|---|
| 82 | + | AN ACT |
|---|
| 83 | + | Relating to geologic storage; to designate Sections |
|---|
| 84 | + | 9-17-150, 9-17-151, 9-17-152, 9-17-153, 9-17-154, 9-17-155, |
|---|
| 85 | + | 9-17-156, and 9-17-157, Code of Alabama 1975, as Division 1 of |
|---|
| 86 | + | Article 6, Chapter 17, Title 9 of the Code of Alabama 1975; |
|---|
| 87 | + | and to add a Division 2 to Article 6, Chapter 17, Title 9 of |
|---|
| 88 | + | the Code of Alabama 1975, commencing with Section 9-17-160, to |
|---|
| 89 | + | define the term "pore space"; to provide that the possessory |
|---|
| 90 | + | right to pore space below surface real property is vested in |
|---|
| 91 | + | the surface owners and may be separately conveyed; to further |
|---|
| 92 | + | provide the circumstances under which a proposed carbon |
|---|
| 93 | + | dioxide storage facility may receive approval to operate from |
|---|
| 94 | + | the State Oil and Gas Board; to provide that the board may |
|---|
| 125 | | - | (b) A conveyance of the surface ownership of real |
|---|
| 126 | | - | property shall be a conveyance of the pore space in all strata |
|---|
| 127 | | - | below the surface of the real property unless the ownership |
|---|
| 128 | | - | interest in the subsurface pore space has previously been |
|---|
| 129 | | - | severed from the surface ownership or is explicitly excluded |
|---|
| 130 | | - | or reserved in the conveyance. The ownership of pore space in |
|---|
| 131 | | - | strata may be conveyed in the manner provided by law for the |
|---|
| 132 | | - | transfer of surface interests in real property. |
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| 133 | | - | (c) No previous agreement conveying or reserving oil, |
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| 134 | | - | gas, or other mineral interests in real property shall act to |
|---|
| 135 | | - | convey or reserve ownership of any pore space or carbon |
|---|
| 136 | | - | dioxide storage rights in the stratum unless the agreement |
|---|
| 137 | | - | explicitly conveys or reserves subsurface space to be used for |
|---|
| 138 | | - | the geologic storage or sequestration or carbon dioxide. |
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| 139 | | - | (d) No agreement conveying the right to use or occupy a |
|---|
| 140 | | - | storage facility, pore space, and potentially the surface or |
|---|
| 141 | | - | subsurface of the land incident thereto shall convey any other |
|---|
| 142 | | - | right of real property use, including oil, gas, or other |
|---|
| 143 | | - | minerals within the same instrument. Any agreement that |
|---|
| 144 | | - | violates this subsection is void; provided, however, this |
|---|
| 145 | | - | subsection shall not apply to any agreement executed before |
|---|
| 146 | | - | October 1, 2024. |
|---|
| 147 | | - | (e) The owner of any pore space right shall have no |
|---|
| 148 | | - | right to use the surface estate beyond that set out in a |
|---|
| 149 | | - | properly executed instrument nor in any manner that will |
|---|
| 150 | | - | adversely affect any existing easement, whether public or |
|---|
| 151 | | - | private. |
|---|
| 152 | | - | (f) Nothing in this section shall alter, amend, |
|---|
| 153 | | - | diminish, or invalidate any right to the use of pore space |
|---|
| 124 | + | the State Oil and Gas Board; to provide that the board may |
|---|
| 125 | + | amalgamate storage rights for a carbon dioxide storage |
|---|
| 126 | + | facility under certain circumstances; to create the |
|---|
| 127 | + | Underground Carbon Dioxide Storage Facility Administrative |
|---|
| 128 | + | Fund to be used by the board in monitoring and regulating |
|---|
| 129 | + | active storage facilities; to create the Underground Carbon |
|---|
| 130 | + | Dioxide Storage Facility Trust Fund to be used by the board in |
|---|
| 131 | + | long-term monitoring and management of closed storage |
|---|
| 132 | + | facilities; to create a certificate of project closure and |
|---|
| 133 | + | completion and provide for its issuance and implications; to |
|---|
| 134 | + | authorize the Commissioner of Conservation and Natural |
|---|
| 135 | + | Resources to lease pore space of certain lands for underground |
|---|
| 136 | + | storage of carbon dioxide; and to further provide for the |
|---|
| 137 | + | board's rulemaking authority. |
|---|
| 138 | + | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
|---|
| 139 | + | Section 1. Sections 9-17-150, 9-17-151, 9-17-152, |
|---|
| 140 | + | 9-17-153, 9-17-154, 9-17-155, 9-17-156, and 9-17-157, Code of |
|---|
| 141 | + | Alabama 1975, shall be designated as Division 1 of Article 6, |
|---|
| 142 | + | Chapter 17, Title 9 of the Code of Alabama 1975. |
|---|
| 143 | + | Section 2. Division 2 is added to Article 6 of Chapter |
|---|
| 144 | + | 17, Title 9 of the Code of Alabama 1975, commencing with |
|---|
| 145 | + | Section 9-17-160, to read as follows: |
|---|
| 146 | + | Division 2. |
|---|
| 147 | + | §9-17-160 |
|---|
| 148 | + | For the purposes of this division, the term "pore |
|---|
| 149 | + | space" means subsurface space that can be used for the |
|---|
| 150 | + | geologic storage or sequestration of carbon dioxide and |
|---|
| 151 | + | incidental substances that are part of the carbon dioxide |
|---|
| 152 | + | capture, transportation, or storage process. |
|---|
| 183 | | - | diminish, or invalidate any right to the use of pore space |
|---|
| 184 | | - | that was acquired by contract or lease prior to October 1, |
|---|
| 185 | | - | 2024. |
|---|
| 186 | | - | (g) In considering approving a storage facility to be |
|---|
| 187 | | - | used for the storage and sequestration of carbon dioxide |
|---|
| 188 | | - | pursuant to this division, the board shall consider both of |
|---|
| 189 | | - | the following: |
|---|
| 190 | | - | (1) Any competing rights of all separately owned |
|---|
| 191 | | - | estates in lands potentially affected by the storage facility, |
|---|
| 192 | | - | giving due consideration of competing rights as to existing or |
|---|
| 193 | | - | future uses by pore space, surface, and mineral owners that |
|---|
| 194 | | - | may be affected. |
|---|
| 195 | | - | (2) The distance of the storage facility from any |
|---|
| 196 | | - | current or future underground mining operation or other |
|---|
| 197 | | - | underground operation designed and operated for the extraction |
|---|
| 198 | | - | of minerals and the potential impact on the safety of these |
|---|
| 199 | | - | operations. |
|---|
| 200 | | - | (h) Other than as may regard a claim to an ownership |
|---|
| 201 | | - | interest in pore space, nothing in this division shall be |
|---|
| 202 | | - | construed to change, alter, diminish, or in any way affect the |
|---|
| 203 | | - | statutory or common law as of October 1, 2024, as it relates |
|---|
| 204 | | - | to the rights belonging to surface and mineral estates. |
|---|
| 205 | | - | §9-17-162 |
|---|
| 206 | | - | For a storage facility that is used for the storage |
|---|
| 207 | | - | and sequestration of carbon dioxide, all of the following |
|---|
| 208 | | - | shall apply: |
|---|
| 209 | | - | (1) A storage operator shall adhere to all rules |
|---|
| 210 | | - | adopted by the board relating to the underground storage of |
|---|
| 211 | | - | carbon dioxide. |
|---|
| 182 | + | capture, transportation, or storage process. |
|---|
| 183 | + | §9-17-161 |
|---|
| 184 | + | (a) The ownership of pore space in all strata below the |
|---|
| 185 | + | surface lands and waters of this state is vested in the owners |
|---|
| 186 | + | of the surface rights above the underlying strata where the |
|---|
| 187 | + | pore space exists, unless the ownership interest in the pore |
|---|
| 188 | + | space has previously been severed from the surface ownership |
|---|
| 189 | + | or is explicitly excluded or reserved in a conveyance. |
|---|
| 190 | + | (b) A conveyance of the surface ownership of real |
|---|
| 191 | + | property shall be a conveyance of the pore space in all strata |
|---|
| 192 | + | below the surface of the real property unless the ownership |
|---|
| 193 | + | interest in the subsurface pore space has previously been |
|---|
| 194 | + | severed from the surface ownership or is explicitly excluded |
|---|
| 195 | + | or reserved in the conveyance. The ownership of pore space in |
|---|
| 196 | + | strata may be conveyed in the manner provided by law for the |
|---|
| 197 | + | transfer of surface interests in real property. |
|---|
| 198 | + | (c) No previous agreement conveying or reserving oil, |
|---|
| 199 | + | gas, or other mineral interests in real property shall act to |
|---|
| 200 | + | convey or reserve ownership of any pore space or carbon |
|---|
| 201 | + | dioxide storage rights in the stratum unless the agreement |
|---|
| 202 | + | explicitly conveys or reserves subsurface space to be used for |
|---|
| 203 | + | the geologic storage or sequestration or carbon dioxide. |
|---|
| 204 | + | (d) No agreement conveying the right to use or occupy a |
|---|
| 205 | + | storage facility, pore space, and potentially the surface or |
|---|
| 206 | + | subsurface of the land incident thereto shall convey any other |
|---|
| 207 | + | right of real property use, including oil, gas, or other |
|---|
| 208 | + | minerals within the same instrument. Any agreement that |
|---|
| 209 | + | violates this subsection is void; provided, however, this |
|---|
| 210 | + | subsection shall not apply to any agreement executed before |
|---|
| 240 | + | subsection shall not apply to any agreement executed before |
|---|
| 241 | + | October 1, 2024. |
|---|
| 242 | + | (e) The owner of any pore space right shall have no |
|---|
| 243 | + | right to use the surface estate beyond that set out in a |
|---|
| 244 | + | properly executed instrument nor in any manner that will |
|---|
| 245 | + | adversely affect any existing easement, whether public or |
|---|
| 246 | + | private. |
|---|
| 247 | + | (f) Nothing in this section shall alter, amend, |
|---|
| 248 | + | diminish, or invalidate any right to the use of pore space |
|---|
| 249 | + | that was acquired by contract or lease prior to October 1, |
|---|
| 250 | + | 2024. |
|---|
| 251 | + | (g) In considering approving the use of an underground |
|---|
| 252 | + | reservoir as a storage facility for the storage and |
|---|
| 253 | + | sequestration of carbon dioxide pursuant to this division, the |
|---|
| 254 | + | board shall consider any potentially competing rights of |
|---|
| 255 | + | separately owned property interests to be included in the |
|---|
| 256 | + | storage facility, including reasonable accommodation of |
|---|
| 257 | + | competing rights of existing or imminent uses by pore space, |
|---|
| 258 | + | surface, or mineral owners that will be affected by the |
|---|
| 259 | + | storage facility. |
|---|
| 260 | + | §9-17-162 |
|---|
| 261 | + | For a storage facility that is used for the storage |
|---|
| 262 | + | and sequestration of carbon dioxide, all of the following |
|---|
| 263 | + | shall apply: |
|---|
| 264 | + | (1) A storage operator shall adhere to all rules |
|---|
| 265 | + | adopted by the board relating to the underground storage of |
|---|
| 244 | | - | facility's pore space and storage rights for carbon dioxide. |
|---|
| 245 | | - | (3) A storage operator shall obtain the consent of |
|---|
| 246 | | - | persons that own not less than 66 and two-thirds percent of a |
|---|
| 247 | | - | storage facility's pore space and storage rights for carbon |
|---|
| 248 | | - | dioxide. |
|---|
| 249 | | - | (4) Upon a storage operator obtaining the consent of |
|---|
| 250 | | - | persons that own not less than 66 and two-thirds percent of a |
|---|
| 251 | | - | storage facility's pore space and storage rights for carbon |
|---|
| 252 | | - | dioxide, the board, after providing notice and a public |
|---|
| 253 | | - | hearing, may enter an order to amalgamate and pool the pore |
|---|
| 254 | | - | space and storage rights for carbon dioxide owned by |
|---|
| 255 | | - | non-consenting owners into the storage facility on terms that |
|---|
| 256 | | - | are just and reasonable as determined by the board. |
|---|
| 257 | | - | (5) All non-consenting owners of a storage facility's |
|---|
| 258 | | - | pore space and storage rights for carbon dioxide shall be |
|---|
| 259 | | - | fairly and equitably compensated. |
|---|
| 260 | | - | (6) A storage operator shall use commercially |
|---|
| 261 | | - | reasonable efforts to limit the adverse surface-use impact |
|---|
| 262 | | - | upon the lands of non-consenting owners of a storage |
|---|
| 263 | | - | facility's pore space and storage rights. |
|---|
| 264 | | - | (7) A storage operator seeking approval to operate in |
|---|
| 265 | | - | the Blue Creek or Mary Lee coal seams in Jefferson, |
|---|
| 266 | | - | Tuscaloosa, or Walker counties or within a 10-mile radius of |
|---|
| 267 | | - | any coal mine operation shall obtain the written consent of |
|---|
| 268 | | - | the coal mine operator and mineral owner with an operation or |
|---|
| 269 | | - | mineral interest in such seams or within such radius; |
|---|
| 299 | | - | mineral interest in such seams or within such radius; |
|---|
| 300 | | - | provided, however, that such consent shall not be unreasonably |
|---|
| 301 | | - | withheld or delayed. |
|---|
| 298 | + | to obtain the consent of all persons that own a storage |
|---|
| 299 | + | facility's pore space and storage rights for carbon dioxide. |
|---|
| 300 | + | (3) A storage operator shall obtain the consent of |
|---|
| 301 | + | persons that own not less than 60 percent of a storage |
|---|
| 302 | + | facility's pore space and storage rights for carbon dioxide. |
|---|
| 303 | + | (4) Upon a storage operator obtaining the consent of |
|---|
| 304 | + | persons that own not less than 60 percent of a storage |
|---|
| 305 | + | facility's pore space and storage rights for carbon dioxide, |
|---|
| 306 | + | the board, after providing notice and a public hearing, may |
|---|
| 307 | + | enter an order to amalgamate and pool the pore space and |
|---|
| 308 | + | storage rights for carbon dioxide owned by non-consenting |
|---|
| 309 | + | owners into the storage facility on terms that are just and |
|---|
| 310 | + | reasonable as determined by the board. |
|---|
| 311 | + | (5) All non-consenting owners of a storage facility's |
|---|
| 312 | + | pore space and storage rights for carbon dioxide shall be |
|---|
| 313 | + | fairly and equitably compensated. |
|---|
| 315 | | - | principal. Any interest earned on the fund shall be deposited |
|---|
| 316 | | - | into the fund. |
|---|
| 317 | | - | (4) The fund shall be paid out only by warrant of the |
|---|
| 318 | | - | Comptroller upon the State Treasury, upon itemized vouchers, |
|---|
| 319 | | - | approved by the State Oil and Gas Supervisor; provided, that |
|---|
| 320 | | - | no funds shall be withdrawn or expended except as budgeted and |
|---|
| 321 | | - | allotted according to the provisions of Sections 41-4-80 |
|---|
| 322 | | - | through 41-4-96 and Sections 41-19-1 through 41-19-12, and |
|---|
| 323 | | - | only in amounts as stipulated in the general appropriation or |
|---|
| 324 | | - | other appropriation bills; provided further, that any funds |
|---|
| 325 | | - | unspent and unencumbered at the end of any state fiscal year |
|---|
| 326 | | - | shall not be transferred into the State General Fund. |
|---|
| 327 | | - | (b)(1) The Underground Carbon Dioxide Storage Facility |
|---|
| 356 | + | obtain the highest return possible while preserving the |
|---|
| 357 | + | principal. Any interest earned on the fund shall be deposited |
|---|
| 358 | + | into the fund. |
|---|
| 359 | + | (4) The fund shall be paid out only by warrant of the |
|---|
| 360 | + | Comptroller upon the State Treasury, upon itemized vouchers, |
|---|
| 361 | + | approved by the State Oil and Gas Supervisor; provided, that |
|---|
| 362 | + | no funds shall be withdrawn or expended except as budgeted and |
|---|
| 363 | + | allotted according to the provisions of Sections 41-4-80 |
|---|
| 364 | + | through 41-4-96 and Sections 41-19-1 through 41-19-12, and |
|---|
| 365 | + | only in amounts as stipulated in the general appropriation or |
|---|
| 366 | + | other appropriation bills; provided further, that any funds |
|---|
| 367 | + | unspent and unencumbered at the end of any state fiscal year |
|---|
| 368 | + | shall not be transferred into the State General Fund. |
|---|
| 357 | 369 | | (b)(1) The Underground Carbon Dioxide Storage Facility |
|---|
| 358 | 370 | | Trust Fund is created in the State Treasury. |
|---|
| 359 | 371 | | (2) The fund shall consist of any fees levied by the |
|---|
| 360 | 372 | | board pursuant to 9-17-151(d) and all monies received by the |
|---|
| 361 | 373 | | board to measure, monitor, and verify underground carbon |
|---|
| 362 | 374 | | dioxide storage facilities following the plugging and |
|---|
| 363 | 375 | | abandonment of all injection wells in accordance with board |
|---|
| 364 | 376 | | rules, issuance of a certificate of project closure and |
|---|
| 365 | 377 | | completion, and release of all financial assurance instruments |
|---|
| 366 | 378 | | for a storage facility. The board shall adopt rules as |
|---|
| 367 | 379 | | necessary to collect monies for the fund in an amount |
|---|
| 368 | 380 | | reasonably calculated to pay the costs of measuring, |
|---|
| 369 | 381 | | monitoring, and verifying the sites. |
|---|
| 370 | 382 | | (3) Monies in the fund shall only be used for the |
|---|
| 371 | 383 | | following purposes: |
|---|
| 372 | 384 | | a. Testing, monitoring, and long-term inspection of |
|---|
| 473 | 485 | | shall only be issued after all of the following have been |
|---|
| 474 | 486 | | satisfied: |
|---|
| 475 | 487 | | (1) Notice and a public hearing on the issuance of the |
|---|
| 476 | 488 | | certificate are provided pursuant to Section 9-17-152(a). |
|---|
| 477 | 489 | | (2) The board has consulted with the Alabama Department |
|---|
| 478 | 490 | | of Environmental Management regarding issuing the certificate. |
|---|
| 479 | 491 | | (3) Ten or more years have passed from the date carbon |
|---|
| 480 | 492 | | dioxide injection into the storage facility ended. |
|---|
| 481 | 493 | | (4) The storage operator has demonstrated all of the |
|---|
| 482 | 494 | | following to the satisfaction of the board: |
|---|
| 483 | 495 | | a. The storage facility is in full compliance with all |
|---|
| 484 | 496 | | governing laws and rules. |
|---|
| 485 | 497 | | b. The storage facility is reasonably expected to |
|---|
| 486 | 498 | | retain the carbon dioxide. |
|---|
| 487 | 499 | | c. The carbon dioxide in the storage facility is |
|---|
| 488 | 500 | | stable. For purposes of this paragraph, carbon dioxide is |
|---|
| 489 | | - | stable if it is essentially stationary or, if it is migrating |
|---|
| 490 | | - | or may migrate, migration is unlikely to cross the underground |
|---|
| 491 | | - | reservoir boundary and is not expected to endanger any |
|---|
| 492 | | - | underground source of drinking water. |
|---|
| 493 | | - | d. All wells, equipment, and facilities to be used in |
|---|
| 494 | | - | the post-closure period are in good condition and retain |
|---|
| 495 | | - | mechanical integrity. |
|---|
| 496 | | - | e. All injection wells have been plugged, all related |
|---|
| 497 | | - | equipment and facilities used during the pre-closure period |
|---|
| 498 | | - | not necessary for long-term monitoring have been removed, and |
|---|
| 499 | | - | all reclamation work required by the board has been completed. |
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| 500 | | - | (d) Upon the issuance of a certificate of project |
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| 501 | | - | closure and completion, all of the following shall occur: |
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| 530 | + | stable. For purposes of this paragraph, carbon dioxide is |
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| 531 | + | stable if it is essentially stationary or, if it is migrating |
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| 532 | + | or may migrate, migration is unlikely to cross the underground |
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| 533 | + | reservoir boundary and is not expected to endanger any |
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| 534 | + | underground source of drinking water. |
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| 535 | + | d. All wells, equipment, and facilities to be used in |
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| 536 | + | the post-closure period are in good condition and retain |
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| 537 | + | mechanical integrity. |
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| 538 | + | e. All injection wells have been plugged, all related |
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| 539 | + | equipment and facilities used during the pre-closure period |
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| 540 | + | not necessary for long-term monitoring have been removed, and |
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| 541 | + | all reclamation work required by the board has been completed. |
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| 542 | + | (d) Upon the issuance of a certificate of project |
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| 531 | 543 | | closure and completion, all of the following shall occur: |
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| 532 | 544 | | (1) Title to equipment and facilities necessary for |
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| 533 | 545 | | long-term monitoring and all carbon dioxide injected into the |
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| 534 | 546 | | storage facility, without payment of any compensation, shall |
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| 535 | 547 | | transfer to the state. Title acquired by the state includes |
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| 536 | 548 | | all rights and interests in, and all responsibilities and |
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| 537 | 549 | | liabilities associated with, all equipment and facilities used |
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| 538 | 550 | | for long-term monitoring and the stored carbon dioxide within |
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| 539 | 551 | | the storage facility. A storage operator may not transfer to |
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| 540 | 552 | | the state, and the state may not accept, any property |
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| 541 | 553 | | interests or rights that the storage operator does not own or |
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| 542 | 554 | | have the authority to transfer. |
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| 543 | 555 | | (2) The storage operator and all persons that generated |
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| 544 | 556 | | any injected carbon dioxide shall be released from all |
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| 545 | 557 | | regulatory requirements associated with the storage facility. |
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| 546 | 558 | | (3) The storage operator shall be released from all |
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