As Introduced
136th General Assembly
Regular Session S. B. No. 136
2025-2026
Senators Schaffer, Chavez
Cosponsors: Senators Wilkin, Timken
To enact sections 1509.71, 1509.72, 1509.73,
1509.75, 1509.76, 1509.77, 1509.79, 5301.57,
5301.58, 5301.59, and 5301.60 of the Revised
Code to establish a process to regulate carbon
capture and storage technologies and the
geologic sequestration of carbon dioxide for
long-term storage.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1509.71, 1509.72, 1509.73,
1509.75, 1509.76, 1509.77, 1509.79, 5301.57, 5301.58, 5301.59,
and 5301.60 of the Revised Code be enacted to read as follows:
Sec. 1509.71. As used in sections 1509.71 to 1509.79 of
the Revised Code:
"Carbon dioxide" means naturally occurring, geologically
sourced, or anthropogenically sourced carbon dioxide including
its derivatives and all mixtures, combinations, and phases,
whether liquid, gaseous, solid, stripped, segregated, or divided
from any other fluid stream thereof.
"Carbon dioxide well" means a well that is used to inject
carbon dioxide into a reservoir for carbon sequestration under a
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UIC Class VI permit. "Carbon dioxide well" shall be considered a
"well" for purposes of section 1509.01 of the Revised Code.
"Carbon dioxide plume" means the extent of an underground
injected carbon dioxide stream.
"Carbon sequestration" means the underground storage of
carbon dioxide in a geological formation.
"Carbon sequestration project" means a project that
involves the underground storage of carbon dioxide in a
geological formation pursuant to at least one UIC Class VI
permit.
"Owner" includes, unless the context indicates otherwise,
a person who has the right to drill a carbon dioxide well and to
inject carbon dioxide in an underground geologic formation.
"Owner," as defined in section 1509.01 of the Revised Code, does
not apply to sections 1509.71 to 1509.79 or sections 5301.58 to
5301.60 of the Revised Code unless the context indicates
otherwise.
"Pore space" means subsurface cavities and voids, whether
natural or artificially created, that are suitable for use as a
sequestration space for carbon dioxide.
"Storage facility" means the pore space in the subsurface
area consisting of the extent of a carbon dioxide plume and the
geological seals that confine the carbon dioxide plume that are
required to be delineated on an approved UIC Class VI permit or
an amendment to a UIC Class VI permit issued to a storage
operator.
"Storage operator" means an individual, corporation, or
other legal entity that operates a carbon sequestration project,
regardless of whether an owner that has the right to drill and
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store carbon dioxide in the project area contracts, retains, or
allows an individual, corporation, or other legal entity to
conduct operations or provide other services at the carbon
sequestration project.
"UIC Class VI permit" means an underground injection
control program permit issued by the chief of the division of
oil and gas resources management that allows the operation of a
carbon dioxide well.
"Underground storage of carbon dioxide" means the
injection and storage of carbon dioxide into underground strata
and formations under at least one UIC Class VI permit.
Sec. 1509.72. The division of oil and gas resources
management has sole and exclusive authority to regulate carbon
sequestration and the operation of storage facilities within the
state, excepting only those activities regulated under federal
laws for which oversight has been delegated to the environmental
protection agency and activities regulated under sections
6111.01 to 6111.028 of the Revised Code. The regulation of
carbon sequestration activities is a matter of general statewide
interest that requires uniform statewide regulation, and
sections 1509.71 to 1509.79 of the Revised Code and rules
adopted under those sections constitute a comprehensive plan
with respect to all aspects of carbon sequestration within this
state, including storage facility operation and permitting
related to those activities.
In order to assist the division in the furtherance of its
sole and exclusive authority as established in this section, the
chief of the division of oil and gas resources management may
enter into cooperative agreements with other state agencies
regarding carbon sequestration projects. Such cooperative
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agreements do not confer on other state agencies any authority
to administer or enforce sections 1509.71 to 1509.79 of the
Revised Code and rules adopted under those sections. In
addition, such cooperative agreements shall not be construed to
dilute or diminish the division's sole and exclusive authority
as established in this section.
Nothing in this section affects the authority granted to
the director of transportation and local authorities in section
723.01 or 4513.34 of the Revised Code, provided that the
authority granted under those sections shall not be exercised in
a manner that discriminates against, unfairly impedes, or
obstructs carbon sequestration projects regulated under sections
1509.71 to 1509.79 of the Revised Code.
Sec. 1509.73. (A) The chief of the division of oil and gas
resources management shall adopt, rescind, and amend, rules for
the administration, implementation, and enforcement of sections
1509.71 to 1509.79 of the Revised Code.
(B) Rules adopted under this section shall include
provisions regarding applications for and the issuance of UIC
Class VI permits; the terms and conditions of those permits;
entry to conduct inspections and to examine records to ascertain
compliance with sections 1509.71 to 1509.79 of the Revised Code,
rules adopted under those sections, and orders and terms and
conditions of permits issued under those sections; the provision
and maintenance of information through monitoring,
recordkeeping, and reporting; and other provisions in
furtherance of the goals of this chapter and the Safe Drinking
Water Act.
(C) The rules adopted under this section shall establish
both of the following:
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(1) A requirement that an applicant for a UIC Class VI
permit attest that the applicant has the legal right to inject
carbon dioxide in the underground formation proposed in the
application and to the proposed extents that the carbon dioxide
will migrate, including the pressure front associated with the
injected carbon dioxide;
(2) The amount of the costs estimated to implement the
closure plan of the carbon dioxide well and associated
facilities and any post injection site care and site closure;
(D) The rules adopted under this section shall include an
identification of the subjects that the chief shall address when
attaching terms and conditions to a UIC Class VI permit. The
subjects shall include at least all of the following:
(1) Requirements for the operation and monitoring of a
carbon dioxide well;
(2) Safety concerning the drilling and operation of a
carbon dioxide well;
(3) Spacing, setback, and other provisions to prevent
storage facilities and storage operators from impacting the
ability of owners of oil and gas interests to develop those
interests;
(4) Protection of the public and private water supply,
including the amount of water used and the source or sources of
the water;
(5) Fencing and screening of surface facilities of a
carbon dioxide well;
(6) Containment and disposal of drilling and other wastes
related to a carbon sequestration project;
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(7) Construction of access roads for purposes of the
drilling and operation of a carbon dioxide well;
(8) Noise mitigation for purposes of the drilling of a
carbon dioxide well and the operation of such a well, excluding
safety and maintenance operations;
(9) Liability insurance to pay damages for injury to
persons or property caused by the construction or operation of
the storage facility, to be maintained for the period of time
beginning at the commencement of construction operations and
ending when the chief issues a certificate of project completion
under section 1509.77 of the Revised Code;
(10) Liability insurance coverage of at least fifteen
million dollars to cover bodily injury and property damage
caused by the construction, drilling, or operation of the
owner's carbon dioxide wells in this state. The rules shall
require the insurance policy to include additional coverage for
an environmental endorsement.
(11) A surety bond conditioned on compliance with all
obligations imposed under sections 1509.71 to 1509.79 of the
Revised Code, to be maintained for the period of time beginning
at the commencement of construction operations and ending when
the chief issues a certificate of project completion. The rules
shall establish the required amount of the surety bond that is
not less than the cost estimate identified in the application.
The surety bond shall be sufficient to cover corrective actions,
plugging, post-injection site care prior to receipt of a
certificate of project completion, and emergency or remedial
response.
Sec. 1509.75. (A) Carbon sequestration projects are
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authorized in the state for the purposes of injecting carbon
dioxide into the pore space of a storage facility through at
least one carbon dioxide injection well under a UIC Class VI
permit.
(B) To operate a carbon sequestration project under
sections 1509.71 to 1509.79 of the Revised Code, a storage
operator shall obtain at least both of the following:
(1) A UIC Class VI permit, which shall be applied for in
the name of the storage operator;
(2) Any additional permits required by applicable laws,
rules, and regulations, except that a storage operator is not
required to obtain a permit required under section 1509.05 of
the Revised Code.
(C) Prior to carbon sequestration, the chief of the
division of oil and gas resources management may require a
storage operator to deploy a seismicity monitoring system. The
storage operator shall use the system to determine, to the best
of the operator's ability, the presence or absence, magnitude,
and the hypocenter location of seismic activity within the
vicinity of the storage facility as may be necessary to perform
an array and a risk analysis and as required by the chief. The
chief may periodically require the storage operator to utilize
the seismicity monitoring system during carbon sequestration
operations.
(D) Prior to operating a carbon sequestration project
under sections 1509.71 to 1509.79 of the Revised Code, a storage
operator shall design the project to isolate any existing or
future production of oil and gas from the carbon dioxide plume.
The chief shall issue a permit under those sections only if the
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chief is satisfied that the interests of the owners of the oil
and gas will not be adversely affected.
(E) Provisions of this chapter codified in sections other
than sections 1509.71 to 1509.79 of the Revised Code apply to
carbon sequestration projects to the extent that those
provisions are consistent with, and not specifically excepted
from, sections 1509.71 to 1509.79 of the Revised Code.
Sec. 1509.76. (A) A storage operator who has obtained the
consent of owners of at least seventy per cent of the pore space
proposed to be used in a storage facility may submit a statutory
consolidation application for the operation of the entire
proposed storage facility to the chief of the division of oil
and gas resources management. In calculating the seventy per
cent, a pore space owner's entire interest in the proposed
storage facility, including any divided, undivided, partial,
fee, or other interest in the pore space, shall be included to
the fullest extent of that interest.
(B) An applicant shall include the following with the
application:
(1) A list of all persons reasonably known to own an
interest in the pore space proposed to be used for the storage
facility;
(2) A processing fee based on actual application
processing costs incurred by the division of oil and gas
resources management. Promptly after receiving an application,
the division shall prepare and submit to the applicant an
estimate of the processing fee and a payment billing schedule.
The division shall maintain a record of all application
processing costs incurred. After the division's work on the
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application has concluded, the division shall send a final
statement to the applicant. The applicant shall pay the full
processing fee before the division issues its final decision on
an application. The applicant shall pay the processing fee
regardless of whether a permit is issued or denied, or whether
the application is withdrawn. The division shall return any
unused funds paid to the division as part of the processing fee
estimate to the applicant.
(3) Proof of notice provided under division (D) of this
section, if applicable;
(4) Any additional information reasonably requested by the
chief.
(C) For each application, the chief shall provide notice
to all pore space owners located within the proposed storage
facility and all subsurface owners located within the proposed
storage facility of the proposed carbon sequestration project,
as identified by the applicant in the application. The chief
shall not rule on an application until after such notice has
been provided. If, upon receipt of the notice, the subsurface
property owner expresses an objection to the chief regarding the
design of the carbon sequestration project based on the
potential adverse effect to a commercially valuable mineral,
including, without limitation a coal or oil and gas estate, the
storage operator shall address the objection to the satisfaction
of the chief. Such objections are not required to be submitted
in the timeframe required for notifications to the chief under
division (D) of this section, but shall be made in accordance
with requirements established by the chief.
(D) If the proposed storage facility contains pore space
for which the owner is unknown or unlocatable, the storage
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operator shall publish one notice in a newspaper of the largest
circulation in each county in which the carbon sequestration
project is located. The notice shall appear not more than thirty
days prior to the date the application is submitted to the
chief.
The notice shall:
(1) State that an application for statutory consolidation
will be filed with the division;
(2) Describe the proposed storage facility;
(3) In the case of an unknown pore space owner, state the
owner's interest in the proposed storage facility, and the name
of the last known owner of that interest;
(4) State that a person claiming an interest in the pore
space proposed to be consolidated shall notify the chief and the
applicant at the published address within twenty days of the
notice's publication date. Within seven days of receiving notice
of a claim, the applicant shall provide information to the
claimant, in a form and manner prescribed by the chief,
regarding the right of the claimant to file an objection and
participate in the application proceeding before the division.
(E)(1)(a) The chief shall hold a hearing regarding an
application submitted under this section, except as otherwise
provided in division (E)(1)(b) of this section.
(b) If the chief determines that an application is
materially incomplete before the required hearing date, the
chief shall notify the applicant. If the applicant does not
timely correct the application, the chief may reschedule the
hearing date.
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(2) At the hearing, the chief shall consider whether the
application is reasonably necessary to facilitate the
underground storage of carbon dioxide.
(F)(1) The chief shall issue an order approving the
application submitted under this section and providing for the
operation of the proposed storage facility if the chief finds
that such operation is reasonably necessary to facilitate the
underground storage of carbon dioxide. The chief shall issue the
order not later than sixty days after the date of the hearing
under division (E) of this section, unless the chief denies the
application by order within that sixty-day period.
(2) An order approving an application shall be upon terms
and conditions that are just and reasonable and shall prescribe
a plan for operations that include:
(a) A description of the pore space and storage facility
proposed to be operated;
(b) The location of and means to access carbon injection
wells, outbuildings, roads, and monitoring equipment;
(c) A statement of the nature of the operations
contemplated;
(d)(i) An allocation to the separately owned interests in
the storage facility of all economic benefits derived from
operation of the storage facility.
(ii) The allocation shall be in accord with the agreement,
if any, of the interested parties. If there is no agreement
between the parties, the chief shall determine the value of each
separately owned interest in the storage facility, exclusive of
physical equipment, for development of the storage facility, and
the economic benefits allocated to each interest shall be the
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proportion that the value of each interest so determined bears
to the value of all interests in the storage facility.
(e) A provision describing how the credits and charges
shall be made in the adjustment among the owners in the storage
facility for their respective investments in wells, machinery,
materials, and equipment contributed to the operations;
(f) A provision describing how the expenses of operations,
including capital investment, shall be determined and charged to
the separately owned interests and how the expenses shall be
paid;
(g) A provision, if necessary, for carrying or otherwise
financing any person who does not meet the person's financial
obligations in connection with the storage facility, allowing a
reasonable interest charge for such service;
(h) A provision for the supervision and conduct of the
storage facility operations, in respect to which each person
shall have a vote with a value corresponding to the percentage
of the expenses of operations chargeable against the interest of
that person;
(i) The time when the storage facility operations shall
commence and the manner in which, and the circumstances under
which, the operations shall terminate;
(j) Any additional provisions as are found to be
appropriate for carrying on the operations, and for the
protection or adjustment of correlative rights.
(3) The storage operator shall file a certified copy of
the order and a survey of the storage facility in the office of
the county recorder of the county in which all or a portion of
the storage facility is located. The chief shall make the order
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publicly available, which may include posting the order on the
division's web site.
(G) Storage facility operations conducted pursuant to an
order issued under this section constitute a fulfillment of all
the express or implied obligations of each lease or contract
covering lands in the storage facility to the extent that
compliance with such obligations cannot be had because of the
order of the chief.
Economic benefits allocated to any interest shall be the
property and income of the several persons to whom, or to whose
credit, the same are allocated or payable under the order
providing for storage facility operations.
(H) No order of the chief or other contract relating to
the pore space and the storage of carbon dioxide from a
separately owned interest shall be terminated by the order
providing for storage facility operations, but shall remain in
force until terminated in accordance with the provisions
thereof.
Except to the extent that the parties affected so agree,
no order providing for storage facility operations shall be
construed to result in a transfer of any person's title to all
or any part of the pore space in the storage facility. All
property, whether real or personal, that may be acquired for the
account of the owners within the storage facility shall be the
property of such owners in the proportion that the expenses of
operations are charged.
Sec. 1509.77. (A) After carbon dioxide injection into a
storage facility ceases, the chief of the division of oil and
gas resources management may issue a certificate of project
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completion upon application by the storage operator. The chief
shall issue a certificate only upon satisfaction of the
conditions imposed under this section and after providing public
notice of the application, an opportunity for public comment,
and if deemed necessary by the chief, a public hearing on the
application.
(B) A certificate shall not be issued until at least fifty
years after carbon dioxide injections cease or until an
established alternative timeline approved by the chief has
elapsed.
(C) A certificate shall not be issued until the storage
operator establishes with a degree of certainty to the
satisfaction of the chief that all of the following apply:
(1) The storage operator is in full compliance with all
laws governing the injection and storage of the carbon dioxide.
(2) The following apply to the carbon dioxide that has
been injected underground for storage:
(a) It is not expected to extend or migrate outside of the
storage facility and poses no threat to public health or safety
or the environment or underground sources of drinking water.
(b) It is not likely to cross any boundary vertically from
the storage facility and is not expected to endanger public
health or safety or the environment or underground sources of
drinking water.
(3) All carbon dioxide wells and associated equipment and
facilities to be used in maintaining and managing the stored
carbon dioxide are in good condition and will retain mechanical
integrity.
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(4) The storage operator has plugged all carbon dioxide
wells not used in maintaining and managing the stored carbon
dioxide and has completed all reclamation required by the
division.
(D) Upon the issuance of a certificate of project
completion, the following shall occur:
(1) Except as otherwise provided in this section, the
former storage operator is released from all regulatory
requirements associated with continued storage and maintenance
of the injected carbon dioxide, and financial assurance required
under rules adopted under section 1509.73 of the Revised Code
shall be released to the former storage operator.
(2) Primary responsibility and liability for the stored or
injected carbon dioxide shall be transferred to the state,
except for criminal and contractual liability and except under
any of the following circumstances:
(a) The storage operator violated a duty imposed on the
storage operator by state law or rule prior to approval of site
closure and any applicable statutes of limitations have not run
out;
(b) After notice and a hearing, the chief determines
either of the following:
(i) The storage operator provided deficient or erroneous
information that was material and relied upon by the chief to
support approval of site closure;
(ii) There is carbon dioxide migration that threatens
public health or safety or the environment or underground
sources of drinking water;
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(c) The balance of the carbon dioxide storage facility
fund is insufficient to cover costs arising from storage
facilities and associated carbon dioxide wells after site
closure.
(3) The storage operator and all individuals who
generated, injected, or stored carbon dioxide shall be forever
released from all regulatory requirements associated with the
continued storage and maintenance of the injected carbon
dioxide, except as provided in division (D)(2) of this section.
(4) Any bond or financial assurance submitted to the
division shall be released.
Sec. 1509.79. (A) Storage operators shall pay the
department of natural resources a fee of five and twenty-five
one hundredth cents for each metric ton of carbon dioxide
injected for storage in a storage facility. The fee shall be
deposited into the carbon dioxide storage facility fund created
under this section.
(B)(1) The carbon dioxide storage facility fund is created
in the state treasury. Except for fees collected under division
(C) of this section, the fund shall consist of any money
collected under this section in relation to a Class VI well,
including money received by the department from financial
responsibility mechanisms established and penalties imposed for
violations of sections 1509.71 to 1509.79 of the Revised Code,
rules adopted under those sections, and orders and terms and
conditions of a permit issued under those sections. All interest
earnings of the fund shall be credited to the fund.
(2) The chief of the division of oil and gas resources
management shall use the money in the fund for the purpose of
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defraying expenses of the division that are associated with
post-closure care of sequestered carbon dioxide in a storage
facility, including the maintenance of carbon dioxide wells,
associate surface facilities, remediation of any environmental
impacts from the injected carbon dioxide, and plugging of
monitoring wells associated with the injection of carbon dioxide
in a carbon dioxide well.
(3) The existence, management, and expenditure of money
from the fund do not constitute a waiver of governmental
immunity or an assumption of any liability by the state for
carbon dioxide storage.
(C)(1) In addition to the fee established under division
(A) of this section, an owner of a carbon dioxide well shall pay
a fee for each metric ton of carbon dioxide injected in the
carbon dioxide well. The chief, by rule, shall establish the
amount of the fee, and the fee shall be deposited in the carbon
capture administrative fund created under this section.
(2) The carbon capture administrative fund is created in
the state treasury. The fund shall consist of the money
collected under division (C)(1) of this section. The chief shall
use the funds for the purpose of administering sections 1509.71
to 1509.79 of the Revised Code and the rules adopted under those
sections that are associated with injection and sequestration of
carbon dioxide in a carbon dioxide well and for other purposes
determined by the chief. All interest earnings of the fund shall
be credited to the fund.
Sec. 5301.57. (A) As used in sections 5301.57 to 5301.60
of the Revised Code, "carbon dioxide," "carbon dioxide well,"
"carbon sequestration," "owner," "pore space," "storage
operator," and "storage facility," have the same meanings as in
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section 1509.71 of the Revised Code.
(B) As used in sections 5301.58 to 5301.60 of the Revised
Code, "subsurface property interest owner" means a property
interest owner identified by the records of the recorder of
deeds for each county in which a portion of a proposed storage
facility is located who holds a fee simple interest, other
freehold interest, or leasehold interest in the subsurface of
the property, which may include mineral rights, such as coal or
oil and gas rights. "Subsurface property interest owner" does
not include an owner who holds an interest in property
consisting solely of an easement or right-of-way.
Sec. 5301.58. (A) The ownership of all pore space in all
strata below the surface lands and waters is vested in the owner
of the surface directly above the pore space.
A conveyance of the surface ownership of real property
shall be a conveyance of the pore space in all strata below the
surface of the real property unless the ownership interest in
the pore space previously has been expressly excepted and
reserved, conveyed, or otherwise severed from the surface
ownership. The ownership of pore space in the strata may be
conveyed in the manner provided by law for the transfer of real
property interests. No agreement conveying mineral, oil and gas,
coal, limestone or similar resource, or other interests
underlying the surface shall convey pore space in the strata
unless the agreement expressly includes conveyance of the pore
space.
(B) No provision of law or rule requiring notice to be
given to a surface owner, owner of the mineral or oil and gas
interest, or both shall be construed to require notice to
individuals holding ownership interests in pore space in the
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As Introduced
underlying strata unless the applicable law specifies notice to
the individuals is required or unless the owner of the pore
space also owns an interest in the surface or in the mineral or
oil and gas interests.
(C)(1) Nothing in sections 5301.58 to 5301.60 of the
Revised Code shall be construed to change or alter the common
law existing as of the effective date of this section with
respect to the rights belonging to, or the dominance of, the
mineral estate or oil and gas estate. For the purpose of
determining the priority of surface and subsurface uses between
a severed mineral or oil and gas estate and pore space, the
severed mineral or oil and gas estate is dominant regardless of
whether ownership of the pore space is vested in the owner of
the surface or is owned separately from the surface.
(2) If pore space is severed from the surface ownership,
the pore space estate shall be considered to be dominant over
the surface estate unless the conveyance specifically provides
otherwise.
(3) Nothing in sections 5301.58 to 5301.60 of the Revised
Code shall alter, amend, diminish, or invalidate rights to the
pore space that were acquired by deed, contract, or lease prior
to the effective date of this section.
(D) An instrument that transfers the rights to pore space
shall include a specific description of the location of the pore
space being transferred. In the event that the instrument uses
only a description of the surface, the transfer shall be
considered to include pore space owned by the transferor at all
depths underlying the described surface area unless specifically
excluded. The owner of the pore space shall have no right to use
the surface estate beyond that set out in a properly recorded
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As Introduced
instrument due solely to its ownership in the pore space.
An instrument that conveys the surface directly above the
pore space, but otherwise seeks to except or reserve the rights
to the pore space, shall include a specific reference to the
pore space in the instrument. In the event of such exception or
reserved rights, the reserved rights to the pore space shall
include pore space owned by the transferor at all depths
underlying the described surface area unless otherwise
specifically excluded.
Sec. 5301.59. All carbon dioxide injected into a storage
facility for carbon sequestration, and all other substances
injected incidental to the injection of carbon dioxide, shall be
presumed to be owned by the storage operator. This presumption
may be rebutted by an individual claiming contrary ownership by
a preponderance of the evidence in an action to establish
ownership.
No owner of pore space, other individual holding any right
to control pore space, or other surface or subsurface property
interest owner, shall have any liability relating to the
injection of carbon dioxide, or any other substances injected
incidental to the injection of carbon dioxide, for carbon
sequestration activities solely by virtue of their interest in
the pore space or their surface or subsurface rights.
Sec. 5301.60. (A) A claim for damages due to injection or
migration of carbon dioxide shall not be recoverable against a
storage operator conducting carbon sequestration in accordance
with a valid UIC Class VI permit unless the claimant proves that
the injection or migration of carbon dioxide:
(1) Is injurious to health, or an obstruction to the free
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As Introduced
use of property so as essentially to interfere with the
comfortable enjoyment of life or property; or
(2) Has caused direct physical injury to an individual,
animal, or real or personal property.
(B) A surface or subsurface property interest owner
asserting a claim for injury to personal or real property may
recover monetary damages due to injection or migration of carbon
dioxide only for the diminution in real or personal property
value resulting from the injection or migration of carbon
dioxide beyond the storage facility.
(C) A surface or subsurface property interest owner may
not seek punitive damages due to injection or migration of
carbon dioxide if the storage operator acts in compliance with
the requirements of the UIC Class VI permit.
(D) Divisions (A), (B), and (C) of this section do not
apply to any claims that may be asserted by owners of oil and
gas interests or owners of class II disposal wells for damages
or injuries related to:
(1) The injection or migration of carbon dioxide;
(2) The construction or operation of a storage facility;
or
(3) A carbon sequestration project.
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