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ENGROSSED SENATE
BILL NO. 200 By: Rader of the Senate
and
Boles of the House
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; updating statutory
reference; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 27A O.S. 2021, Section 3-5-104, is
amended to read as follows:
Section 3-5-104. A. The Corporation Commission and the
Department of Environmental Quality shall e xecute a Memorandum of
Understanding to address areas in which the implementation of this
act the Oklahoma Carbon Capture and Geologic Sequestration Act will
require interagency cooperation or interaction, including procedures
for directing applicants thro ugh the application process.
B. The operator of a CO2 sequestration facili ty shall obtain a
permit pursuant to this act the Oklahoma Carbon Capture and Geolo gic
Sequestration Act from the Agency having jurisdiction prior to the
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operation of a CO 2 sequestration facility, after the Oper ator
provides notice of the application for such permit pursuant to
subsection D of this section, and the Agency has a hearing thereon
upon request; provided that no permit pursuant to this act the
Oklahoma Carbon Capture and Geologic Sequestration 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 inj ection of carbon
dioxide underground and incorporates any additiona l 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 Prog ram,
the Agency having jurisdiction may issue and enforce such orde rs,
and may adopt, modify, repeal and enforce such rules, including
establishment of appropriate and sufficient fees, financial sureti es
or bonds, and monitoring at CO2 sequestration facili ties, as may be
necessary, for the purpose of regulating the drilli ng of CO2
injection wells related to a CO 2 sequestration facility, the
injection and withdrawal of carbon dioxide, the operation of th e CO2
sequestration facility, CO2 injection well pluggi ng and abandonment,
removal of surface buildings and equipment of t he CO2 sequestration
facility and for any other purpose necessary to implement the
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provisions of this act the Oklahoma Carbon Capture and Geolo gic
Sequestration Act.
D. The applicant for any permit to be issued pursuant to this
act the Oklahoma Carbon Capture and Geologic Sequestration Act shall
give all surface owners and mineral owners, including working
interest and royalty owners, of the land to be encompas sed within
the defined geographic boundary of the CO2 sequestration facility as
established by 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, ret urn receipt requested. The
applicant shall also give notice by one publication, at least
fifteen (15) days prior to the hearing, in some newspaper o f general
circulation published in Oklahoma County, and by one publication, at
least fifteen (15) days prio r to the date of the hearing, in some
newspaper published in the county, or in each county, i f 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 a nd an affidavit of
mailing with the Agency prior to the hearing .
E. In addition to all other powers and duties prescri bed in
this act the Oklahoma Carbon Capture and Geolo gic Sequestration Act
or otherwise by law, and unless otherwise specifically set for th in
this act the Oklahoma Carbon Capture and Geolo gic Sequestration Act,
the Agency having jurisdiction shall have the authority to perform
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any and all acts necessary to carry out the purposes and
requirements of the federal Safe Drinking Water Act, as amended,
relating to this state ’s participation in the federal Under ground
Injection Control Program established under that act with respect to
the storage and/or sequestration of carbon dioxide.
F. The Corporation Commission and Department of Environmental
Quality, which are required to 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 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 reporting under this subsection shall consult the Sec retary
and work in conjunction with the Office of the Secretary of Energy
and Environment to en sure timely analysis. Identified areas and
recommended modifications to the regulatory and statut ory 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 safety, 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.
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Passed the Senate the 13th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives