An Act
ENROLLED 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; modifying a dministrative rules to be
promulgated by certain state agencies; requiring
certain state agencies to comp ile and submit certain
report to certain state officials by specifi ed date;
updating statutory reference; and declaring an
emergency.
SUBJECT: Carbon sequestration
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 Commis sion 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 interac tion, including procedur es
for directing applicants thro ugh the application process.
B. The operator of a CO2 sequestration facility 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
operation of a CO 2 sequestration facility, after the Ope rator
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
ENR. S. B. NO. 200 Page 2
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 injection 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 Pr ogram,
the Agency having jurisdiction may issue and enforce such orde rs,
and may adopt, modify, repeal and enforce such emergency or
permanent rules, including establishmen t of appropriate and
sufficient fees to cover the cost of the program, financial sureties
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 the 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 im plement the
provisions of this act the Oklahoma Carbon Capture and Geologic
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 owner s, 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 coul d be
known through the exercise of due diligence, at least fif teen (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 newspa per of general
circulation published in Oklahoma County, and b y 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 CO2
sequestration facility, as establis hed 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 .
ENR. S. B. NO. 200 Page 3
E. In addition to all other powers and duties pr escribed 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 ha ve the authority to perf orm
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 un der that act with respec t 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 Secretary
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 passa ge and approval.
ENR. S. B. NO. 200 Page 4
Passed the Senate the 24th day of May, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 25th day of May, 2023.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
___________________________ ______
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __