OK
Oklahoma Senate Bill SB200

Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB200 Compare Versions

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4-
5-An Act
6-ENROLLED SENATE
7-BILL NO. 200 By: Rader of the Senate
28+ENGROSSED HOUSE AMENDME NT
29+ TO
30+ENGROSSED SENATE BILL NO . 200 By: Rader of the Senate
831
932 and
1033
1134 Boles of the House
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1540 An Act relating to carbon sequestration; amending 27A
1641 O.S. 2021, Section 3-5-104, which relates to permits
17-and orders; modifying a dministrative rules to be
18-promulgated by certain state agencies; requiring
19-certain state agencies to comp ile and submit certain
20-report to certain state officials by specifi ed date;
21-updating statutory reference; and declaring an
22-emergency.
42+and orders; requiring certain state agencies to
43+compile and submit certain report to certain state
44+officials by specified date; updating statutory
45+reference; and declaring an emergency .
2346
2447
2548
26-SUBJECT: Carbon sequestration
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54+AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
55+and insert:
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57+
58+
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60+"[ carbon sequestration - report –
61+ emergency ]
62+
63+
64+
2765
2866 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
29-
3067 SECTION 1. AMENDATORY 27A O.S. 2021, Section 3-5-104, is
3168 amended to read as follows:
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3294
3395 Section 3-5-104. A. The Corporation Commis sion and the
3496 Department of Environmental Quality shall e xecute a Memorandum of
3597 Understanding to address areas in which the implementation of this
3698 act the Oklahoma Carbon Capture and Geologic Sequestration Act will
3799 require interagency cooperation or interac tion, including procedur es
38100 for directing applicants thro ugh the application process.
39-
40101 B. The operator of a CO2 sequestration facility shall obtain a
41102 permit pursuant to this act the Oklahoma Carbon Capture and Geolo gic
42103 Sequestration Act from the Agency having jurisdiction prior to the
43104 operation of a CO 2 sequestration facility, after the Oper ator
44105 provides notice of the application for such permit pursuant to
45106 subsection D of this section, and the Agency has a hearing thereon
46107 upon request; provided that no permit pursuant to this act the
47108 Oklahoma Carbon Capture and Geologic Sequestration Act is required
48-
49-ENR. S. B. NO. 200 Page 2
50109 if the facility operator obtains permission, by permit or order, by
51110 the Agency pursuant to the rules and regulations of the state ’s
52111 federally approved Und erground Injection Control Program and such
53112 permission authorizes carbon sequestration or inj ection of carbon
54113 dioxide underground and incorporates any additiona l requirements
55114 adopted pursuant to subsection C of this section.
56-
57115 C. To the extent not already a uthorized by laws governing the
58116 state’s federally approved Underground Injection Control Prog ram,
59117 the Agency having jurisdiction may issue and enforce such orde rs,
60118 and may adopt, modify, repeal and enforce such emergency or
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61145 permanent rules, including establishmen t of appropriate and
62146 sufficient fees to cover the cost of the program, financial sureties
63147 or bonds, and monitoring at CO2 sequestration facili ties, as may be
64148 necessary, for the purpose of regulating the drilli ng of CO2
65149 injection wells related to a CO 2 sequestration facility, the
66150 injection and withdrawal of carbon dioxide, the operation of th e CO2
67151 sequestration facility, CO2 injection well pluggi ng and abandonment,
68152 removal of surface buildings and equipment of t he CO2 sequestration
69153 facility and for any other purpose necessary to im plement the
70154 provisions of this act the Oklahoma Carbon Capture and Geolo gic
71155 Sequestration Act.
156+D. The applicant for any permit to be issued pursuant to this
157+act the Oklahoma Carbon Capture and Geologic Sequestration Act shall
158+give all surface owners and mineral owners, including working
159+interest and royalty owners, of the land to be encompas sed within
160+the defined geographic boundary of the CO2 sequestration facility as
161+established by the Agency, and whose addresses are known or coul d be
162+known through the exercise of due diligence, at least fif teen (15)
163+days’ notice of the hearing by mail, ret urn receipt requested. The
164+applicant shall also give notice by one publication, at least
165+fifteen (15) days prior to the hearing, in some newspa per of general
166+circulation published in Oklahoma County, and b y one publication, at
167+least fifteen (15) days prio r to the date of the hearing, in some
168+newspaper published in the county, or in each county, i f there be
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195+more than one, in which the defined geographic boundary of the CO2
196+sequestration facility, as establis hed by the Agency, is situated.
197+The applicant shall file proof of publication a nd an affidavit of
198+mailing with the Agency prior to the hearing .
199+E. In addition to all other powers and duties pr escribed in
200+this act the Oklahoma Carbon Capture and Geolo gic Sequestration Act
201+or otherwise by law, and unless otherwise specifically set for th in
202+this act the Oklahoma Carbon Capture and Geolo gic Sequestration Act,
203+the Agency having jurisdiction shall ha ve the authority to perf orm
204+any and all acts necessary to carry out the purposes and
205+requirements of the federal Safe Drinking Water Act, as amended,
206+relating to this state ’s participation in the federal Under ground
207+Injection Control Program established un der that act with respec t to
208+the storage and/or sequestration of carbon dioxide.
209+F. The Corporation Commission and Department of Environmental
210+Quality, which are required to comply with the federal Safe Drinking
211+Water Act, 42 U.S.C. 300f et seq., as amended, shall evaluate the
212+regulatory and statutory framework that governs the agency and
213+identify and report any areas in which modifications may be needed
214+to the Secretary of Energ y and Environment to provide for the
215+development of underground injection control Class VI wells. The
216+agencies reporting under this subsection shall consult the Sec retary
217+and work in conjunction with the Office of the Secretary of Energy
218+and Environment to en sure timely analysis. Identified areas and
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245+recommended modifications to the regulatory and statut ory framework
246+of the agency shall be submitted in a report to the Governor,
247+Secretary of Energy and Environment, President Pro Tempore of the
248+Senate, and the Speaker of the House of Representatives not later
249+than August 1, 2023.
250+SECTION 2. It being immediately necessary for the preservation
251+of the public peace, health or safety, an emergency is hereby
252+declared to exist, by reason whereof this act shall take effect and
253+be in full force from and after its passa ge and approval."
254+Passed the House of Representatives the 17th day of April, 2023.
255+
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257+
258+
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260+Presiding Officer of the House of
261+ Representatives
262+
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264+Passed the Senate the ____ day of _______ ___, 2023.
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270+Presiding Officer of the Senate
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298+ENGROSSED SENATE
299+BILL NO. 200 By: Rader of the Senate
300+
301+ and
302+
303+ Boles of the House
304+
305+
306+
307+
308+
309+
310+An Act relating to carbon sequestration; amending 27A
311+O.S. 2021, Section 3-5-104, which relates to permits
312+and orders; requiring certain state agencies to
313+compile and submit certain report to cert ain state
314+officials by specified date; updating statutory
315+reference; and declaring an emergency .
316+
317+
318+
319+
320+
321+
322+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
323+SECTION 3. AMENDATORY 27A O.S. 2021, Section 3-5-104, is
324+amended to read as follows:
325+Section 3-5-104. A. The Corporation Commission and the
326+Department of Environmental Quality shall e xecute a Memorandum of
327+Understanding to address areas in which the implementation of this
328+act the Oklahoma Carbon Capture and Geologic Sequestration Act will
329+require interagency cooperation or interaction, including procedures
330+for directing applicants thro ugh the application process.
331+B. The operator of a CO2 sequestration facili ty shall obtain a
332+permit pursuant to this act the Oklahoma Carbon Capture and Geologic
333+Sequestration Act from the Agency having jurisdiction prior to the
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360+operation of a CO 2 sequestration facility, after the Oper ator
361+provides notice of the application for such permit pursuant to
362+subsection D of this section, and the Agency has a hearing thereon
363+upon request; provided that no permit pursuant to this act the
364+Oklahoma Carbon Capture and Geologic Sequestration Act is required
365+if the facility operator obtains permission, by permit or order, by
366+the Agency pursuant to the rules and regulations of the state ’s
367+federally approved Und erground Injection Control Program and such
368+permission authorizes carbon sequestration or inj ection of carbon
369+dioxide underground and incorporates any additiona l requirements
370+adopted pursuant to subsection C of this section.
371+C. To the extent not already a uthorized by laws governing the
372+state’s federally approved Underground Injection Control Prog ram,
373+the Agency having jurisdiction may issue and enforce such orde rs,
374+and may adopt, modify, repeal and enforce s uch rules, including
375+establishment of appropriate and sufficient fees, financial sureti es
376+or bonds, and monitoring at CO2 sequestration facili ties, as may be
377+necessary, for the purpose of regulating the drilli ng of CO2
378+injection wells related to a CO 2 sequestration facility, the
379+injection and withdrawal of carbon dioxide, the operation of th e CO2
380+sequestration facility, CO2 injection well pluggi ng and abandonment,
381+removal of surface buildings and equipment of t he CO2 sequestration
382+facility and for any other purpose necessary to implement the
383+
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409+provisions of this act the Oklahoma Carbon Capture and Geolo gic
410+Sequestration Act.
73411 D. The applicant for any permit to be issued pursuant to this
74412 act the Oklahoma Carbon Capture and Geologic Sequestration Act shall
75413 give all surface owners and mineral owners, including working
76414 interest and royalty owners, of the land to be encompas sed within
77415 the defined geographic boundary of the CO2 sequestration facility as
78416 established by the Agency, and whose addresses are known or coul d be
79417 known through the exercise of due diligence, at least fifteen (15)
80418 days’ notice of the hearing by mail, ret urn receipt requested. The
81419 applicant shall also give notice by one publication, at least
82420 fifteen (15) days prior to the hearing, in some newspa per of general
83421 circulation published in Oklahoma County, and by one publication, at
84422 least fifteen (15) days prio r to the date of the hearing, in some
85423 newspaper published in the county, or in each county, i f there be
86424 more than one, in which the defined geographic boundary of the CO 2
87425 sequestration facility, as established by the Agency, is situated.
88426 The applicant shall file proof of publication a nd an affidavit of
89427 mailing with the Agency prior to the hearing .
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93428 E. In addition to all other powers and duties pr escribed in
94429 this act the Oklahoma Carbon Capture and Geolo gic Sequestration Act
95430 or otherwise by law, and unless otherwise specifically set for th in
96431 this act the Oklahoma Carbon Capture and Geolo gic Sequestration Act,
97432 the Agency having jurisdiction shall ha ve the authority to perform
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98459 any and all acts necessary to carry out the purposes and
99460 requirements of the federal Safe Drinking Water Act, as amended,
100461 relating to this state ’s participation in the federal Under ground
101462 Injection Control Program established un der that act with respect to
102463 the storage and/or sequestration of carbon dioxide.
103-
104464 F. The Corporation Commission and Department of Environmental
105465 Quality, which are required to comply with the federal Safe Drinking
106466 Water Act, 42 U.S.C. 300f et seq., as amended, shall evaluate the
107467 regulatory and statutory framework that governs the agency and
108468 identify and report any areas in which modifications may be needed
109469 to the Secretary of Energ y and Environment to provide for the
110470 development of underground injection control Class VI wells. The
111471 agencies reporting under this subsection shall consult the Sec retary
112472 and work in conjunction with the Office of the Secretary of Energy
113473 and Environment to en sure timely analysis. Identified areas and
114474 recommended modifications to the regulatory and statut ory framework
115475 of the agency shall be submitted in a report to the Governor,
116476 Secretary of Energy and Environment, President Pro Tempore of the
117477 Senate, and the Speaker of the House of Representatives not later
118478 than August 1, 2023.
119-
120-SECTION 2. It being immediately necessary for the preservation
479+SECTION 4. It being immediately necessary for the preservation
121480 of the public peace, health or safety, an emergency is hereby
122481 declared to exist, by reason whereof this act shall take effect and
123482 be in full force from and after its passage and a pproval.
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127-Passed the Senate the 24th day of May, 2023.
509+Passed the Senate the 13th day of March, 2023.
128510
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131513 Presiding Officer of the Senate
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134-Passed the House of Representatives the 25th day of May, 2023.
516+Passed the House of Representatives the ____ day of __________,
517+2023.
135518
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138521 Presiding Officer of the House
139522 of Representatives
140523
141-OFFICE OF THE GOVERNOR
142-Received by the Office of the Governor this _______ _____________
143-day of ___________________, 20_______, at _______ o'clock _______ M.
144-By: _______________________________ __
145-Approved by the Governor of the State of Oklahoma this _____ ____
146-day of _________________ __, 20_______, at _______ o'clock _______ M.
147524
148- ___________________________ ______
149- Governor of the State of Oklahoma
150-
151-
152-OFFICE OF THE SECRETARY OF STATE
153-Received by the Office of the Secretary of State this _______ ___
154-day of __________________, 20 _______, at _______ o'clock _______ M.
155-By: _______________________________ __