This legislation is expected to have significant implications for state laws regulating environmental practices. With a focus on reducing greenhouse gas emissions, the Act promotes techniques for permanent storage of carbon dioxide underground, offering potential benefits for job creation in local communities. Additionally, it emphasizes accountability by establishing funds dedicated to managing the long-term implications of carbon storage, thus ensuring remediation and monitoring processes are financially supported.
Summary
House Bill 2202, known as the Underground Carbon Dioxide Storage Act, aims to establish a regulatory framework for the underground storage of carbon dioxide in Illinois. The bill mandates that operators of storage facilities must obtain a permit from the Department of Natural Resources, thus ensuring that the application and operation of these facilities are well-regulated. Key provisions include requirements related to pore space ownership, the need for a certificate of project completion, and stipulations regarding fees that operators must pay based on the amount of carbon dioxide injected.
Contention
Although the bill predominantly aims to advance environmental protections through carbon storage, it raises concerns among various stakeholders, particularly regarding claims of subsurface trespass which limits the liability of storage operators. Opponents may argue that this could undermine property rights of surface and subsurface interest holders, who could potentially be impacted by the injection and migration of carbon dioxide. Furthermore, the subordination of the rights pertaining to oil, gas, and coal resources under this framework is likely to spark debate among mineral rights owners and industry interests.
Providing for the injection of carbon dioxide into an underground reservoir for the purpose of carbon sequestration, for the ownership of pore space in strata below surface lands and waters of the Commonwealth, for conveyance of the surface ownership of real property; imposing duties on the Department of Environmental Protection and the Environmental Hearing Board; and establishing the Carbon Dioxide Storage Facility Fund.
Geologic storage, completion certificate and its implications, funds to manage open and closed reservoirs, pore space possession, leasing state land as these relate to carbon dioxide provided.
Geologic storage, completion certificate and its implications, funds to manage open and closed reservoirs, pore space possession, leasing state land as these relate to carbon dioxide provided.