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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 200 By: Rader
AS INTRODUCED
An Act relating to carbon sequestration; amending 27A
O.S. 2021, Section 3 -5-104, which relates to permits
and orders; requiring certain state agencies to
compile and submit certain report to certain state
officials by specified date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 27A O.S. 2021, Se ction 3-5-104, is
amended to read as follows:
Section 3-5-104. A. The Corporation Commission and the
Department of Environmental Quality shall execute a Memoran dum of
Understanding to address areas in which the implementation of this
act will require int eragency cooperation or interaction, including
procedures for directing applicants through the application process.
B. The operator of a CO 2 sequestration facili ty shall obtain a
permit pursuant to t his act from the Agency having jurisdiction
prior to the operation of a CO 2 sequestration facility, after the
Operator provides notice of the application for such permit pursuant
to subsection D of this section, and the Agency has a hearing
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thereon upon request; provided that no permit pursuant to this act
is required if the facility operator obtains permission, by permit
or order, by the Agency pursuant to the rules and regulations of the
state’s federally approved Und erground Injection Control Program and
such permission authorizes carbon sequestration or inje ction of
carbon dioxide underground and incorporates any additional
requirements adopted pursuant to subsection C of this section.
C. To the extent not already a uthorized by laws governing the
state’s federally approved Underground Injection Control Progr am,
the Agency having jurisdiction may issue and enforce such orders,
and may adopt, modify, repeal and enforce such rules, including
establishment of appropriate and sufficient fees, financial sureti es
or bonds, and monitoring at CO 2 sequestration facilit ies, as may be
necessary, for the purpose of regulating the drilling of CO 2
injection wells related to a CO 2 sequestration facility, the
injection and withdrawal of carbon dioxide, the operation of th e CO2
sequestration facility, CO 2 injection well pluggin g and abandonment,
removal of surface buildings and equipment of the CO 2 sequestration
facility and for any other purpose necessary to implement the
provisions of this act.
D. The applicant for any p ermit to be issued pursuant to this
act shall give all surface owners and mineral owners, including
working interest and royalty owners, of the land to be encompassed
within the defined geographic boundary of the CO 2 sequestration
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facility as established b y the Agency, and whose addresses are known
or could be known through the exercise of due diligence, at least
fifteen (15) days’ notice of the hearing by mail, return receipt
requested. The applicant shall also give n otice by one publication,
at least fifteen (15) days prior to the hearing, in some newspaper
of general circulation published in Oklahoma County, and by one
publication, at least fifteen (15) days prior to the date of the
hearing, in some newspaper publish ed in the county, or in each
county, if there be more than one, in which the defined geographic
boundary of the CO 2 sequestration facility, as established by the
Agency, is situated. The applicant shall file proof of publication
and an affidavit of mailin g with the Agency prior to the hearing .
E. In addition to all other powers and duties prescri bed in
this act or otherwise by law, and unless otherwise specifically set
forth in this act, the Agency having jurisdiction shall have the
authority to perform a ny and all acts necessary to carry out the
purposes and requirements of the federal Safe Drink ing Water Act, as
amended, relating to this state ’s participation in the federal
Underground Injection Control Program established under that act
with respect to the storage and/or seque stration of carbon dioxide.
F. Any state environmental agency, the Corporation Commission,
and Department of Environmental Quality, that is required t o comply
with the federal Safe Drinking Water Act, 42 U.S.C. 300f et seq., as
amended shall evaluate the regulatory and statutory framework that
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governs the agency and identify and report any areas in which
modifications may be needed to the Secretary of Energ y and
Environment to provide for the development of Underground Injection
Control Class VI wells. The agencies reportin g under this
subsection shall consult the Secretary and work in conjunction with
the Office of Energy and Environment to en sure timely analysis.
Identified areas and recommended modifications to the regulatory and
statutory framework of the agency shall be submitted in a report to
the Governor, Secretary of Energy and Environment, President Pro
Tempore of the Senate, and the Speaker of the House of
Representatives not later than August 1, 2023.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or sa fety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
59-1-272 RD 1/9/2023 12:18:03 PM