Amalgamating property interests; and to declare an emergency.
Impact
The legislative changes proposed by SB2317 will fundamentally reshape the regulatory landscape governing underground storage in North Dakota. By emphasizing consent from a substantial majority of property owners, the bill aims to enhance the rights of landowners in the face of potential mining and storage activities. Additionally, it sets up a framework for environmental safeguards, requiring that the proposed storage facilities pose no significant threat to surface waters and public health. This measure is particularly pertinent in light of increasing concerns about environmental impacts associated with oil and gas operations.
Summary
Senate Bill 2317 seeks to amend specific sections of the North Dakota Century Code regarding the underground storage of oil and gas. The bill introduces enhanced requirements for obtaining permits for storage in oil and gas reservoirs, saline reservoirs, and salt caverns. Central to the bill is the stipulation that storage operators must secure consent from a significant majority of property owners (at least 55% of mineral and pore space owners) before permits can be issued. This requirement aims to address concerns from landowners and ensure that storage activities do not adversely impact their rights or the environment.
Contention
Though the bill focuses on improving consent and oversight, it is likely to face scrutiny from various stakeholders. Advocates for the oil and gas industry may argue that the stringent requirements for obtaining consent could slow down necessary development and hinder economic growth. Meanwhile, local communities may view the bill as a means of protecting their interests against potentially adverse storage operations. The requirement for significant consent might also foster disputes among surface and mineral rights holders, complicating the operational landscape for storage companies.
Notable_points
Notably, SB2317 mandates the establishment of monitoring facilities to ensure compliance with permit conditions and to track the movement of stored materials. This regulatory oversight is designed to enhance transparency and accountability, addressing potential concerns about leakage or contamination. Furthermore, the bill declares an emergency status, signaling an urgent need for these regulatory adjustments in the context of ongoing developments in the state's oil and gas sector.
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.
Establishing the Pike reservoir project district act to provide for a lake and related commercial and residential development in Bourbon county and authorizing a governing board and sales and property tax increment financing for such project.