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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 269 By: Rader of the Senate
and
Luttrell of the House
COMMITTEE SUBSTITUTE
An Act relating to carbon sequestration; amending 17
O.S. 2021, Section 52, which relates to Corporation
Commission jurisdiction; modifying jurisdiction of
Commission; updating statutory language; amending 27A
O.S. 2021, Section 1 -3-101, as last amended by
Section 2, Chapter 164, O.S.L. 2023 (27A O.S. Supp.
2024, Section 1-3-101), which relates to
responsibilities and jurisdiction of state
environmental agencies; modifying duties of certain
agencies; amending 27A O.S. 2021, Sections 3 -5-101,
3-5-102, 3-5-103, 3-5-104, as amended by Section 1,
Chapter 353, O.S.L. 2023, 3 -5-105, and 3-5-106 (27A
O.S. Supp. 2024, Section 3 -5-104), which relate to
the Oklahoma Carbon Capture and Geologic
Sequestration Act; modifying legislative intent;
modifying definitions; defini ng terms; modifying
Corporation Commission jurisdiction over CO 2 injection
wells; allowing Commission to enter into memorandums
of understanding; modifying notice requirements;
updating statutory language; providing Corporation
Commission with jurisdiction over certain CO 2
sequestration facilities and storage units;
establishing provisions for creation of certain
facilities; requiring inclusion of certain ownership
percentage for inclusion in CO 2 storage unit;
requiring notice to be served on certain person s and
through certain newspapers of general circulation;
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requiring certain determination prior to creation of
CO2 storage unit; providing for rights of certain
owners; prescribing contents of certain Commission
orders; providing process for reduction or
enlargement of certain CO 2 storage unit; requiring
notice of application for reduction or enlargement;
directing rule promulgation; providing for appeals of
Corporation Commission orders to be made to the
Supreme Court; establishing process for issuance of
certificate of completion of injection operations;
providing for release from certain obligations under
certain circumstances; authorizing fees to be levied
by the Commission; providing total fee assessment
amount; creating the Class VI Carbon Sequestration
Storage Facility Revolving Fund; stating source of
funds; establishing fund purpose; providing for
cessation of fee assessments for certain CO 2
sequestration facilities under certain circumstances;
providing permitted uses for fund expenditure;
requiring reporting; amending 52 O.S. 2021, Section
139, which relates to Corporation Commission
jurisdiction; modifying jurisdiction over certain
injection wells; updating statutory language;
updating statutory references; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 17 O.S. 2021, Section 52, is
amended to read as follows:
Section 52. A. 1. Except as otherwise provided by this
section, the Corporation Commission is hereby vested with exclusive
jurisdiction, power and authority with reference to:
a. the conservation of oil and gas,
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b. field operations for geologic and geophysical
exploration for oil, gas and brine, including seismic
survey wells, stratigraphic test wells and core test
wells,
c. the exploration, drilling, development, producing or
processing for oil and gas on the lease site,
d. the exploration, drilling, development, production and
operation of wells used in connection with the
recovery, injection or disposal of mineral brines,
e. reclaiming facilities only for the processing of salt
water, crude oil, natural gas condensate and tank
bottoms or basic sediment from crude oil tanks,
pipelines, pits and equipment associated with the
exploration, drilling, development, producing or
transportation of oil or gas,
f. injection wells known as Class II wells under the
federal Underground Injection Control Program program,
and any aspect of any CO 2 sequestration facility,
including any associated Class VI CO2 injection well,
and any CO2 storage unit associated with a CO 2
sequestration facility , over which the Commission is
given jurisdiction pursuant to the Oklahoma Carbon
Capture and Geologic Sequestration Act. Any substance
that the United States Environmental Protection Agency
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allows to be injected into a Class II well may
continue to be so injected,
g. tank farms for storage of crude oil and petroleum
products which are located outside the boundaries of
refineries, petrochemical manufacturing plants,
natural gas liquid extraction plants, or other
facilities which are subject to the jurisdiction of
the Department of Environmental Quality with regard to
point source discharges,
h. the construction and operation of pipelines and
associated rights-of-way, equipment, facilities or
buildings used in the transportation of oil, gas,
petroleum, petroleum products, anhydrous ammonia or
mineral brine, or in the treatment of oil, gas or
mineral brine during the course of transportation but
not including line pipes in any:
(1) natural gas liquids extraction plant,
(2) refinery,
(3) reclaiming facility other than for those
specified within subparagraph e of this
subsection paragraph,
(4) mineral brine processing plant, and
(5) petrochemical manufacturing plant,
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i. the handling, transportation, storage and disposition
of saltwater, mineral brines, waste oil and other
deleterious substances produced from or obtained or
used in connection with the drilling, development,
producing and operating of oi l and gas wells, at:
(1) any facility or activity specifically listed in
paragraphs 1 this paragraph and paragraph 2 of
this subsection as being subject to the
jurisdiction of the Commission, and
(2) other oil and gas extraction facilities and
activities,
j. spills of deleterious substances associated with
facilities and activities specified in this paragraph
1 of this subsection or associated with other oil and
gas extraction facilities and activities, and
k. subsurface storage of oil, natural gas and liqu efied
petroleum gas in geologic strata.
2. The exclusive jurisdiction, power and authority of the
Corporation Commission shall also extend to the construction,
operation, maintenance, site remediation, closure and abandonment of
the facilities and activit ies described in paragraph 1 of this
subsection.
3. When a deleterious substance from a Commission -regulated
facility or activity enters a point source discharge of pollutants
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or storm water from a facility or activity regulated by the
Department of Environmental Quality, the Department shall have sole
jurisdiction over the point source discharge of the commingled
pollutants and storm water from the two facilities or activities
insofar as Department -regulated facilities and activities are
concerned.
4. For purposes of the Federal federal Clean Water Act, any
facility or activity which is subject to the jurisdiction of the
Corporation Commission pursuant to paragraph 1 of this subsection
and any other oil and gas extraction facility or activity which
requires a permit for the discharge of a pollutant or storm water to
waters of the United States shall be subject to the direct
jurisdiction of the United States Environmental Protection Agency
and shall not be required to be permitted by the Department of
Environmental Quality or the Corporation Commission for such
discharge.
5. The Corporation Commission shall have jurisdiction over:
a. underground storage tanks that contain antifreeze,
motor oil, motor fuel, gasoline, kerosene, diesel, or
aviation fuel and th at are not located at refineries
or at upstream or intermediate shipment points of
pipeline operations, including, but not limited to,
tanks from which these materials are dispensed into
vehicles, or tanks used in wholesale or bulk
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distribution activities, as well as leaks from pumps,
hoses, dispensers, and other ancillary equipment
associated with the tanks, whether above the ground or
below; provided, that any point source discharge of a
pollutant to waters of the United States during site
remediation or the off-site disposal of contaminated
soil, media, or debris shall be regulated by the
Department of Environmental Quality,
b. aboveground storage tanks that contain antifreeze,
motor oil, motor fuel, gasoline, kerosene, diesel, or
aviation fuel and that a re not located at refineries
or at upstream or intermediate shipment points of
pipeline operations, including, but not limited to,
tanks from which these materials are dispensed into
vehicles, or tanks used in wholesale or bulk
distribution activities, as well as leaks from pumps,
hoses, dispensers, and other ancillary equipment
associated with the tanks, whether above the ground or
below; provided, that any point source discharge of a
pollutant to waters of the United States during site
remediation or the off-site disposal of contaminated
soil, media, or debris shall be regulated by the
Department of Environmental Quality, and
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c. the Petroleum Storage Tank Release Environmental
Cleanup Indemnity Fund and Program and the Oklahoma
Leaking Underground Storage Tank Trust Fund.
6. The Department of Environmental Quality shall have sole
jurisdiction to regulate the transportation, discharge or release of
deleterious substances or hazardous or solid waste or other
pollutants from rolling stock and rail facilities. The Department
of Environmental Quality shall not have any jurisdiction with
respect to pipeline transportation of carbon dioxide.
7. The Department of Environmental Quality shall have sole
environmental jurisdiction for point and nonpoint source discha rges
of pollutants and storm water to waters of the state from:
a. refineries, petrochemical manufacturing plants and
natural gas liquid extraction plants,
b. manufacturing of oil and gas related equipment and
products,
c. bulk terminals, aboveground and u nderground storage
tanks not subject to the jurisdiction of the
Commission pursuant to this subsection, and
d. other facilities, activities and sources not subject
to the jurisdiction of the Corporation Commission or
Oklahoma Department of Agriculture , Food, and Forestry
as specified by this section.
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8. The Department of Environmental Quality shall have sole
environmental jurisdiction to regulate air emissions from all
facilities and sources subject to operating permit requirements
under Title V of the Federal federal Clean Air Act as amended.
B. The Corporation Commission and incorporated cities and towns
shall have exclusive jurisdiction over permit fees for the drilling
and operation of oil and gas wells.
C. The Corporation Commission shall comply with and enforce the
Oklahoma Water Quality Standards.
D. For purposes of immediately responding to emergency
situations having potentially critical environmental or public
safety impact and resulting from activities within its jurisdiction,
the Corporation Commission may take whatever action is necessary,
without notice and hearing, including without limitation the
issuance or execution of administrative agreements by the Oil and
Gas Conservation Division of the Corporation Commission, to promptly
respond to the emergency.
SECTION 2. AMENDATORY 27A O.S. 2021, Section 1 -3-101, as
last amended by Section 2, Chapter 164, O.S.L. 2023 (27A O.S. Supp.
2024, Section 1-3-101), is amended to read as follows:
Section 1-3-101. A. The provision s of this section specify the
jurisdictional areas of responsibility for each state environmental
agency and state agencies with limited environmental responsibility.
The jurisdictional areas of environmental responsibility specified
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in this section shall be in addition to those otherwise provided by
law and assigned to the specific state environmental agency;
provided, that any rule, interagency agreement or executive order
enacted or entered into prior to the effective date of this section
July 1, 1993, which conflicts with the assignment of jurisdictional
environmental responsibilities specified by this section is hereby
superseded. The provisions of this subsection shall not nullify any
financial obligation arising from services rendered pursuant to an y
interagency agreement or executive order entered into prior to July
1, 1993, nor nullify any obligations or agreements with private
persons or parties entered into with any state environmental agency
before July 1, 1993.
B. Department of Environmental Q uality. The Department of
Environmental Quality shall have the following jurisdictional areas
of environmental responsibility:
1. All point source discharges of pollutants and storm water to
waters of the state which originate from municipal, industrial,
commercial, mining, transportation and utilities, construction,
trade, real estate and finance, services, public administration,
manufacturing and other sources, facilities and activities, except
as provided in subsections D and E of this section;
2. All nonpoint source discharges and pollution except as
provided in subsections D, E and F of this section;
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3. Technical lead agency for point source, nonpoint source and
storm water pollution control programs funded under Section 106 of
the federal Clean Wat er Act, for areas within the Department’s
jurisdiction as provided in this subsection;
4. Surface water and groundwater quality and protection and
water quality certifications;
5. Waterworks and wastewater works operator certification;
6. Public and private water supplies;
7. Underground injection control pursuant to the federal Safe
Drinking Water Act and 40 CFR C.F.R., Parts 144 through 148, except
for:
a. Class II injection wells,
b. Class V injection wells utilized in the remediation of
groundwater associated with underground or aboveground
storage tanks regulated by the Corporation Commission,
c. those wells used for the recovery, injection or
disposal of mineral brines as defined in the Oklahoma
Brine Development Act regulated by the Commission, an d
d. any aspect of any CO 2 sequestration facility , including
any associated Class VI CO2 injection well, over which
the Commission is given jurisdiction pursuant to the
Oklahoma Carbon Capture and Geologic Sequestration
Act;
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8. Notwithstanding any other p rovision in this section or other
environmental jurisdiction statute, sole and exclusive jurisdiction
for air quality under the federal Clean Air Act and applicable state
law, except for indoor air quality and asbestos as regulated for
worker safety by the federal Occupational Safety and Health Act of
1970 and by Chapter 11 of Title 40 of the Oklahoma Statutes Asbestos
Control Act;
9. Hazardous waste and solid waste including industrial,
commercial and municipal waste;
10. Superfund responsibilities of th e state under the
Comprehensive Environmental Response, Compensation , and Liability
Act of 1980 and amendments thereto, except the planning requirements
of Title III of the Superfund Amendment Amendments and
Reauthorization Act of 1986;
11. Radioactive waste and all regulatory activities for the use
of atomic energy and sources of radiation except for electronic
products used for diagnosis by diagnostic X-ray x-ray facilities and
electronic products used for bomb detection by public safety bomb
squads within law enforcement agencies of this state or within law
enforcement agencies of any political subdivision of this state;
12. Water, waste, and wastewater treatment systems including,
but not limited to, septic tanks or other public or private waste
disposal systems;
13. Emergency response as specified by law;
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14. Environmental laboratory services and laboratory
certification;
15. Hazardous substances other than branding, package and
labeling requirements;
16. Freshwater wellhead protection;
17. Groundwater protection for activities subject to the
jurisdictional areas of environmental responsibility of the
Department;
18. Utilization and enforcement of Oklahoma Water Quality
Standards and implementation documents;
19. Environmental regulation of any e ntity or activity, and the
prevention, control and abatement of any pollution, not subject to
the specific statutory authority of another state environmental
agency;
20. Development and maintenance of a computerized information
system relating to water qu ality pursuant to Section 1 -4-107 of this
title;
21. Development and promulgation of Oklahoma Water Quality
Standards, their accompanying use support assessment protocols,
anti-degradation policies generally affecting Oklahoma Water Quality
Standards application and implementation including , but not limited
to, mixing zones, low flows and variances or any modification or
change thereof pursuant to Section 1085.30 2-6-103.2 of Title 82 of
the Oklahoma Statutes this title, and the Water Quality Standards
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Implementation Plan pursuant to Section 1 -1-202 of this title for
its jurisdictional area of environmental responsibility; and
22. Development and utilization of policies and requirements
necessary for the implementation of Oklahoma Groundwater Quality
Standards to the extent that the implementation of such standards is
within the scope of the Department’s jurisdiction including , but not
limited to, the establishment of points of compliance when
warranted.
C. Oklahoma Water Resources Board. The Oklahoma Wat er
Resources Board shall have the following jurisdictional areas of
environmental responsibility:
1. Water quantity including, but not limited to, water rights,
surface water and underground water, planning, and interstate stream
compacts;
2. Weather modification;
3. Dam safety;
4. Flood plain management;
5. State water/wastewater loans and grants revolving fund and
other related financial aid programs;
6. Administration of the federal Clean Water State Revolving
Fund Program program including, but not limited to, making
application for and receiving capitalization grant awards,
wastewater prioritization for funding, technical project reviews,
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environmental review process processing, and financial review and
administration;
7. Water well drillers/pump installers licensing;
8. Technical lead agency for clean lakes eligible for funding
under Section 314 of the federal Clean Water Act Lakes Program or
other applicable sections of the federal Clean Water Act or other
subsequent state and federal clean lak es programs; administration of
a state program for assessing, monitoring, studying and restoring
Oklahoma lakes with administration to include, but not be limited
to, receipt and expenditure of funds from federal, state and private
sources for clean lakes and implementation of a volunteer monitoring
program to assess and monitor state water resources, provided such
funds from federal Clean Water Act sources are administered and
disbursed by the Office of the Secretary of Energy and Environment;
9. Groundwater protection for activities subject to the
jurisdictional areas of environmental responsibility of the Board;
10. Development and promulgation of a Water Quality Standards
Implementation Plan pursuant to Section 1 -1-202 of this title for
its jurisdictional area of environmental responsibility;
11. Development of classifications and identification of
permitted uses of groundwater, in recognized water rights, and
associated groundwater recharge areas;
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12. Establishment and implementation of a statewide b eneficial
use monitoring program for waters of the state in coordination with
the other state environmental agencies; and
13. Coordination with other state environmental agencies and
other public entities of water resource investigations conducted by
the federal United States Geological Survey for water quality and
quantity monitoring in the state.
D. Oklahoma Department of Agriculture, Food, and Forestry.
1. The Oklahoma Department of Agriculture, Food, and Forestry
shall have the following jurisdiction al areas of environmental
responsibility except as provided in paragraph 2 of this subsection:
a. point source discharges and nonpoint source runoff
from agricultural crop production, agricultural
services, livestock production, silviculture, feed
yards, livestock markets and animal waste,
b. pesticide control,
c. forestry and nurseries,
d. fertilizer,
e. facilities which store grain, feed, seed, fertilizer
and agricultural chemicals,
f. dairy waste and wastewater associated with milk
production facilities,
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g. groundwater protection for activities subject to the
jurisdictional areas of environmental responsibility
of the Department,
h. utilization and enforcement of Oklahoma Water Quality
Standards and implementation documents,
i. development and promulgatio n of a Water Quality
Standards Implementation Plan pursuant to Section 1 -1-
202 of this title for its jurisdictional areas of
environmental responsibility, and
j. storm water discharges for activities subject to the
jurisdictional areas of environmental res ponsibility
of the Department.
2. In addition to the jurisdictional areas of environmental
responsibility specified in subsection B of this section, the
Department of Environmental Quality shall have environmental
jurisdiction over:
a. (1) commercial manufacturers of fertilizers, grain
and feed products, and chemicals, and over
manufacturing of food and kindred products,
tobacco, paper, lumber, wood, textile mill and
other agricultural products,
(2) slaughterhouses, but not including feedlots at
these facilities, and
(3) aquaculture and fish hatcheries ,
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including, but not limited to, discharges of
pollutants and storm water to waters of the state,
surface impoundments and land application of wastes
and sludge, and other pollution originating at these
facilities, and
b. facilities which store grain, feed, seed, fertilizer,
and agricultural chemicals that are required by
federal NPDES National Pollutant Discharge Elimination
System (NPDES) regulations to obtain a permit for
storm water discharges shall only be subject to the
jurisdiction of the Department of Environmental
Quality with respect to such storm water discharges.
E. Corporation Commission.
1. The Corporation Commission is hereby vested with exclusive
jurisdiction, power and authority, and it shall be its duty to
promulgate and enforce rules, and issue and enforce orders governing
and regulating:
a. the conservation of oil and gas,
b. field operations for geologic and geophysical
exploration for oil, gas and brine including seismic
survey wells, stratigraphic test wells and core test
wells,
c. the exploration, drilling, development, producing or
processing for oil and gas on the lease site,
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d. the exploration, drilling, development, production and
operation of wells used in connection with the
recovery, injection or disposal of mineral brines,
e. reclaiming facilities only for the processing of salt
water, crude oil, natural gas condensate and tank
bottoms or basic sediment from crude oil tanks,
pipelines, pits and equipment associated with the
exploration, drilling, development, producing or
transportation of oil or gas,
f. underground injection control pursuant to the federal
Safe Drinking Water Act and 40 CFR C.F.R., Parts 144
through 148 of:
(1) Class II injection wells,
(2) Class V injection wells utilized in the
remediation of groundwater associated with
underground or aboveground storage tanks
regulated by the Commission,
(3) those wells used for the recovery, injection or
disposal of mineral brines as defined in the
Oklahoma Brine Development Act , and
(4) any aspect of any a CO2 sequestration facility ,
including any associated Class VI CO2 injection
well wells, and any associated CO 2 storage unit,
over which the Commission is given jurisdiction
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pursuant to the Oklahoma Carbon Capture and
Geologic Sequestration Act.
Any substance that the United States Environmental
Protection Agency allows to be injected into a Class
II well may continue to be so injected,
g. tank farms for storage of crude oil and petroleum
products which are located outside the b oundaries of
refineries, petrochemical manufacturing plants,
natural gas liquid extraction plants, or other
facilities which are subject to the jurisdiction of
the Department of Environmental Quality with regard to
point source discharges,
h. the construction and operation of pipelines and
associated rights-of-way, equipment, facilities or
buildings used in the transportation of oil, gas,
petroleum, petroleum products, anhydrous ammonia or
mineral brine, or in the treatment of oil, gas or
mineral brine during the course of transportation but
not including line pipes in any:
(1) natural gas liquids extraction plant,
(2) refinery,
(3) reclaiming facility other than for those
specified within subparagraph e of this
subsection paragraph,
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(4) mineral brine proces sing plant, and
(5) petrochemical manufacturing plant,
i. the handling, transportation, storage and disposition
of saltwater, mineral brines, waste oil and other
deleterious substances produced from or obtained or
used in connection with the drilling, deve lopment,
producing and operating of oil and gas wells, at:
(1) any facility or activity specifically listed in
paragraphs 1 this paragraph and paragraph 2 of
this subsection as being subject to the
jurisdiction of the Commission, and
(2) other oil and gas extraction facilities and
activities,
j. spills of deleterious substances associated with
facilities and activities specified in this paragraph
1 of this subsection or associated with other oil and
gas extraction facilities and activities,
k. subsurface storage of oil, natural gas and liquefied
petroleum gas in geologic strata,
l. groundwater protection for activities subject to the
jurisdictional areas of environmental responsibility
of the Commission,
m. utilization and enforcement of Oklahoma Water Quali ty
Standards and implementation documents, and
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n. development and promulgation of a Water Quality
Standards Implementation Plan pursuant to Section 1 -1-
202 of this title for its jurisdictional areas of
environmental responsibility.
2. The exclusive jurisd iction, power and authority of the
Commission shall also extend to the construction, operation,
maintenance, site remediation, closure and abandonment of the
facilities and activities described in paragraph 1 of this
subsection.
3. When a deleterious subs tance from a Commission -regulated
facility or activity enters a point source discharge of pollutants
or storm water from a facility or activity regulated by the
Department of Environmental Quality, the Department shall have sole
jurisdiction over the point source discharge of the commingled
pollutants and storm water from the two facilities or activities
insofar as Department -regulated facilities and activities are
concerned.
4. The Commission and the Department of Environmental Quality
are hereby authorized to obtain authorization from the United States
Environmental Protection Agency to administer, within their
respective jurisdictions, any and all programs regulating oil and
gas discharges into the waters of this state. For purposes of the
federal Clean Water Act, any facility or activity which is subject
to the jurisdiction of the Commission pursuant to paragraph 1 of
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this subsection and any other oil and gas extraction facility or
activity which requires a permit for the discharge of a pollutant or
storm water to waters of the United States shall be subject to the
direct jurisdiction and permitting authority of the Oklahoma agency
having received delegation of this program from the United States
Environmental Protection Agency.
5. The Commission shall have jurisdiction over:
a. underground storage tanks that contain antifreeze,
motor oil, motor fuel, gasoline, kerosene, diesel, or
aviation fuel and that are not located at refineries
or at the upstream or intermediate shipment points of
pipeline operations including, but not limited to,
tanks from which these materials are dispensed into
vehicles, or tanks used in wholesale or bulk
distribution activities, as well as leaks from pumps,
hoses, dispensers, and other ancillary equipment
associated with the ta nks, whether above the ground or
below; provided, that any point source discharge of a
pollutant to waters of the United States during site
remediation or the off -site disposal of contaminated
soil, media, or debris shall be regulated by the
Department of Environmental Quality,
b. aboveground storage tanks that contain antifreeze,
motor oil, motor fuel, gasoline, kerosene, diesel, or
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aviation fuel and that are not located at refineries
or at the upstream or intermediate shipment points of
pipeline operations including, but not limited to,
tanks from which these materials are dispensed into
vehicles, or tanks used in wholesale or bulk
distribution activities, as well as leaks from pumps,
hoses, dispensers, and other ancillary equipment
associated with the tan ks, whether above the ground or
below; provided, that any point source discharge of a
pollutant to waters of the United States during site
remediation or the off -site disposal of contaminated
soil, media, or debris shall be regulated by the
Department of Environmental Quality, and
c. the Petroleum Storage Tank Release Environmental
Cleanup Indemnity Fund, the Oklahoma Petroleum Storage
Tank Release Indemnity Program, and the Oklahoma
Leaking Underground Storage Tank Trust Fund.
6. The Department of Environ mental Quality shall have sole
jurisdiction to regulate the transportation, discharge or release of
deleterious substances or solid or hazardous waste or other
pollutants from rolling stock and rail facilities. The Department
of Environmental Quality shal l not have any jurisdiction with
respect to pipeline transportation of carbon dioxide.
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7. The Department of Environmental Quality shall have sole
environmental jurisdiction for point and nonpoint source discharges
of pollutants and storm water to waters o f the state from:
a. refineries, petrochemical manufacturing plants and
natural gas liquid extraction plants,
b. manufacturing of equipment and products related to oil
and gas,
c. bulk terminals, aboveground and underground storage
tanks not subject to the jurisdiction of the
Commission pursuant to this subsection, and
d. other facilities, activities and sources not subject
to the jurisdiction of the Commission or the Oklahoma
Department of Agriculture, Food, and Forestry as
specified by this section.
8. The Department of Environmental Quality shall have sole
environmental jurisdiction to regulate air emissions from all
facilities and sources subject to operating permit requirements
under Title V of the federal Clean Air Act , as amended.
F. Oklahoma Conservation Commission. The Oklahoma Conservation
Commission shall have the following jurisdictional areas of
environmental responsibility:
1. Soil conservation, erosion control and nonpoint source
management except as otherwise provided by law;
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2. Monitoring, evaluation and assessment of waters to determine
the condition of streams and rivers being impacted by nonpoint
source pollution. In carrying out this area of responsibility, the
Oklahoma Conservation Commission shall serve as the technical lead
agency for nonpoint source categories as defined in Section 319 of
the federal Clean Water Act or other subsequent federal or state
nonpoint source programs, except for activities related to
industrial and municipal storm water or as otherwise provided by
state law;
3. Wetlands strategy;
4. Abandoned mine reclamation;
5. Cost-share program for land use activities;
6. Assessment and conservation plan development and
implementation in watersheds of clean lakes, as specified by law;
7. Complaint data management ;
8. Coordination of environmental and natural resources
education;
9. Federal upstream flood control program;
10. Groundwater protection for activities subject to the
jurisdictional areas of environmental responsibility of the
Commission;
11. Development and promulgation of a Water Quality Standards
Implementation Plan pursuant to Section 1 -1-202 of this title for
its jurisdictional areas of environmental responsibility;
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12. Utilization of Oklahoma Water Quality Standards and Water
Quality Standards Implementation Plan documents; and
13. Verification and certification of carbon sequestration
pursuant to the Oklahoma Carbon Sequestration Enhancement Act. This
responsibility shall not be superseded by the Oklahoma Carbon
Capture and Geologic Sequestrat ion Act.
G. Department of Mines. The Department of Mines shall have the
following jurisdictional areas of environmental responsibility:
1. Mining regulation;
2. Mining reclamation of active mines;
3. Groundwater protection for activities subject to th e
jurisdictional areas of environmental responsibility of the
Commission; and
4. Development and promulgation of a Water Quality Standards
Implementation Plan pursuant to Section 1 -1-202 of this title for
its jurisdictional areas of responsibility.
H. Department of Wildlife Conservation. The Department of
Wildlife Conservation shall have the following jurisdictional areas
of environmental responsibilities:
1. Investigating wildlife kills;
2. Wildlife protection and seeking wildlife damage claims; and
3. Development and promulgation of a Water Quality Standards
Implementation Plan pursuant to Section 1 -1-202 of this title for
its jurisdictional areas of environmental responsibility.
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I. Department of Public Safety. The Department of Public
Safety shall have the following jurisdictional areas of
environmental responsibilities:
1. Hazardous waste, substances and material transportation
inspections as authorized by the Oklahoma Motor Carrier Safety and
Hazardous Materials Transportation Act; and
2. Inspection and audit activities of hazardous waste and
materials carriers and handlers as authorized by the Oklahoma Motor
Carrier Safety and Hazardous Materials Transportation Act.
J. Department of Labor. The Department of Labor shall have the
following jurisdictional areas of environmental responsibility:
1. Regulation of asbestos in the workplace pursuant to Chapter
11 of Title 40 of the Oklahoma Statutes Asbestos Control Act ;
2. Asbestos monitoring in public and private buildings; and
3. Indoor air quality as regulated under the authority of the
Oklahoma Occupational Health and Safety Standards Act, except for
those indoor air quality issues specifically authorized to be
regulated by another agency.
Such programs shall be a function of the Department’s
occupational safety and health jurisdiction.
K. Oklahoma Department of Emergency Management. The Oklahoma
Department of Emergency Management shall have the following
jurisdictional areas of environmental responsibilities:
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1. Coordination of all emergency resources and activities
relating to threats to citizens’ lives and property pursuant to the
Oklahoma Emergency Resources Management Act of 1967 2003;
2. Administer and enforce the planning requirements of Title
III of the Superfund Amendments and Reauth orization Act of 1986 and
develop such other emergency operations plans that will enable the
state to prepare for, respond to, recover from and mitigate
potential environmental emergencies and disasters pursuant to the
Oklahoma Hazardous Materials Planning and Notification Act;
3. Administer and conduct periodic exercises of emergency
operations plans provided for in this subsection pursuant to the
Oklahoma Emergency Resources Management Act of 1967 2003;
4. Administer and facilitate hazardous materials t raining for
state and local emergency planners and first responders pursuant to
the Oklahoma Emergency Resources Management Act of 1967 2003; and
5. Maintain a computerized emergency information system
allowing state and local access to information regard ing hazardous
materials’ location, quantity and potential threat.
SECTION 3. AMENDATORY 27A O.S. 2021, Section 3 -5-101, is
amended to read as follows:
Section 3-5-101. A. This act shall be known and may be cited
as the “Oklahoma Carbon Capture and Geologic Sequestration Act”.
B. The Legislature finds and declares that:
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1. Carbon dioxide is a valuable commodity to the citizens of
the state, particularly for its value in enhancing the recovery of
oil and gas and for its use in ot her industrial and commercial
processes and applications;
2. Carbon dioxide is a gas produced when carbon is oxidized by
any process, including the combustion of material that contains
carbon such as coal, natural gas, oil and wood, all of which exist
in abundance in our state, and the production and use of which form
one of the foundations of our state’s economy;
3. Carbon dioxide is currently being released into the
atmosphere in substantial volumes;
4. In 1982, Oklahoma became the first state in the U nion to
inject anthropogenic carbon dioxide underground. Since that time,
the continued injection of carbon dioxide has benefited the citizens
of the state by assisting enhanced oil recovery efforts. When
carbon dioxide is injected for enhanced oil recov ery and not
otherwise vented, emitted or removed, such carbon dioxide is
sequestered and/or stored underground;
5. In its first 100 years, Oklahoma produced approximately 15
billion barrels of oil. The Department of Energy for the United
States has determined that Oklahoma has the potential to produce at
least 9 billion barrels of oil and possibly as much as 20 billion
barrels of oil through the use of carbon dioxide in enhanced oil
recovery. To fully produce those natural resources, additional
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regulation is not necessary or appropriate but state incentives may
be helpful;
6. Storage of carbon dioxide in geological formations is an
effective and feasible strategy to deposit, store or sequester large
volumes of carbon dioxide over long periods of time;
7. Geologic storage and sequestration of carbon dioxide allows
for the capture of carbon dioxide emissions and the orderly
withdrawal of the carbon dioxide as appropriate or necessary,
thereby allowing carbon dioxide to be available for commercial,
industrial, or other uses, including enhanced oil or gas recovery;
8. The transportation of carbon dioxide to, and the storage or
sequestration of carbon dioxide in, underground geological
formations for beneficial use or reuse in industrial and commercial
applications is expected to increase in the United States and in
Oklahoma due to initiatives by federal, state and local governments,
industry and commerce, and other interested persons, and may present
an opportunity for economic growth and development for the state;
and
9. It remains in the public interest for carbon dioxide to be
injected underground in this state. The geologic sequestration and
storage of anthropogenic carbon dioxide for purposes other than
injection for enhanced oil or gas recovery will be nefit the citizens
of the state.
C. It is the intent of the Legislature that:
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1. Efforts to capture, purify, compress, transport, inject, and
store or sequester carbon dioxide will enhance the production of oil
and natural gas in the state, further the d evelopment and production
of natural resources in the state, and provide opportunities for
economic growth and development for the state; and
2. In the event the State of Oklahoma establishes a unitization
process to support the establishment of CO 2 sequestration facilities
in this state In accordance with the Oklahoma Carbon Capture and
Geologic Sequestration Act , the Corporation Commission shall
regulate all aspects of such process, including being responsible
for making any necessary findings concerning the suitability of the
reservoir targeted for carbon sequestration, whether its use for
such purpose is in the public interest, and the impact of that use
on the oil, gas, coal -bed methane and mineral brine resources in the
State of Oklahoma this state.
SECTION 4. AMENDATORY 27A O.S. 2021, Section 3 -5-102, is
amended to read as follows:
Section 3-5-102. As used in the Oklahoma Carbon Capture and
Geologic Sequestration Act:
1. “Agency” means the Corporation Commission or the Depa rtment
of Environmental Quality, as the case may be and as described in
Section 3-5-103 of this title;
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2. “Anthropogenic carbon dioxide” or “man -made carbon dioxide”
means the carbon dioxide compound manufactured, mechanically formed
or otherwise caused t o occur, as a result of either:
a. a chemical process performed by or involving efforts
of a person, or
b. separation of carbon dioxide from natural gas.
The term shall not include carbon dioxide that is naturally present
in underground locations;
3. “Approved reservoir” means a reservoir that is determined by
the Agency with jurisdiction Corporation Commission to be suitable
for the receipt, storage and/or or sequestration of injected carbon
dioxide therein;
2. “Capture” means capturing:
a. CO2 emissions at their source, including power plants,
industrial facilities, or other emissions sites before
the emissions are released into the atmosphere, and
b. CO2 from the atmosphere through the process of direct
air capture;
4. 3. “Carbon dioxide” or “CO 2” means an inorganic compound
containing one carbon atom and two oxygen atoms, and that exists as
a gas at standard temperature and pressure. Carbon dioxide is an
inert, stable, colorless, odorless, nontoxic, incombustible,
inorganic gas that is dissolvable in water and is naturally present,
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such as in underground locations and in the atmosphere as a trace
gas;
5. 4. “Carbon sequestration” means long-term or short-term
underground storage or sequestration of anthropogenic carbon dioxide
in one or more reservoir s;
6. 5. “Class VI CO2 injection well” means an artificial
excavation or opening in the ground made by digging, boring,
drilling, jetting, driving, or another method and is used to inject
or transmit anthropogenic carbon dioxide into one or more reservoir s
for long-term storage;
7. 6. “Class VI CO2 capture and compression equipment” means the
equipment, separation units, processing units, processing plants,
pipe, buildings, pumps, compressors, meters, facilities, motors,
fixtures, materials, and machinery , and all other improvements used
in the operation of any of them, and property, real or personal,
intangible or tangible, either attributable to or relating to, or
located thereon, used for the purpose of:
a. capturing carbon dioxide from a source that pr oduces
anthropogenic carbon dioxide, and/or
b. compressing or otherwise increasing the pressure of
anthropogenic carbon dioxide;
8. 7. “CO2 pipeline” means any pipeline, compressors, pumps,
meters, facilities, valves, fittings, right -of-way markers, cathodic
protection ground beds, anodes, rectifiers, and any other cathodic
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protection devices, and other associated equipment, appurtenances
and fixtures located on, attributable to or used in connection with
the same, and used for the purpose of transporting carbon dioxide
for carbon sequestration in this state or another state, excluding:
a. CO2 capture and compression equipment at the source of
the carbon dioxide, and
b. pipelines that are part of a CO 2 sequestration
facility;
8. “CO2 stream” means CO 2 that has been captured from an
emissions source, including any incidental associated substances
derived from the source materials and the capture process, and any
substance added to the stream to enable or improve the injection
process;
9. “CO2 sequestration facility” means the approved reservoir(s),
and all associated underground equipment and pipelines, all
associated surface buildings and equipment, and all associated Class
VI CO2 injection wells, utilized for carbon sequestration in a
defined geographic bo undary established by the Agency Corporation
Commission, excluding any:
a. CO2 capture and compression equipment at the source of
the carbon dioxide, and
b. CO2 pipeline transporting carbon dioxide to the
facility from a source located outside the geograph ic
boundaries of the surface of the facility;
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10. “CO2 trunkline” means a CO 2 pipeline that both exceeds
seventy-five (75) miles in distance and has a minimum pipe outside
diameter of at least twelve (12) inches “CO2 storage unit” means a
unit created pursuant to this act as part of a CO 2 sequestration
facility under which the pore space of an approved reservoir is
aggregated and communitized for the purpose of injection and storage
of CO2;
11. “Commission” means the Corporation Commission as
established by Section 15 of Article 9 IX of the Oklahoma
Constitution;
12. “Common source of supply” shall have the same meaning as in
Section 86.1 of Title 52 of the Oklahoma Statutes;
13. “Department” means the Department of Environmental Quality
as established by Section 2-3-101 et seq. of this title;
14. “Enhanced oil or gas recovery” means the increased recovery
of hydrocarbons, including oil and gas, from a common source of
supply achieved by artificial means or by the application of energy
extrinsic to the common source of supply, such as pressuring,
cycling, pressure maintenance or injection of a substance or form of
energy, such as injection of water and/or carbon dioxide, including
immiscible and miscible floods; provided , that enhanced oil or gas
recovery shall not include injection of a substance or form of
energy for the sole purpose of either:
a. aiding in the lifting of fluids in the well, or
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b. stimulation of the reservoir at or near the well by
mechanical, chemical, thermal or explosive means;
15. “Facility operator” means any person authorized by the
Agency Corporation Commission to operate a CO 2 sequestration
facility, including any person designated by the Commission to
operate a CO2 storage unit as part of a CO 2 sequestration facility
authorized under this act;
16. “Facility owner” means the person who owns the CO 2
sequestration facility , and any cost-bearing owners in a CO 2 storage
unit as part of a CO 2 sequestration facility authorized under this
act;
17. “Gas” shall have the same meaning as i n Section 86.1 of
Title 52 of the Oklahoma Statutes;
18. “Governmental entity” means any department, commission,
authority, council, board, bureau, committee, legislative body,
agency, beneficial public trust, or other establishment of the
executive, legislative or judicial branch of the United States, the
State of Oklahoma, any other state in the United States, the
District of Columbia, the Territories territories of the United
States, and any similar entity of any foreign country;
19. “Oil” shall have the same meaning as in Section 86.1 of
Title 52 of the Oklahoma Statutes;
20. “Person” means any individual, proprietorship, association,
firm, corporation, company, partnership, limited partnership,
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limited liability company, joint venture, joint stock co mpany,
syndicate, trust, organization, committee, club, governmental
entity, or other type of legal entity, or any group or combination
thereof either acting in concert or as a unit;
21. “Pore space” shall have the same meaning as in Section 6 of
Title 60 of the Oklahoma Statutes;
22. “Private operator” means any person that is either a
facility operator or an operator of a CO 2 pipeline, but that is
neither a public utility nor a common carrier as such terms are
defined by the Oklahoma Statutes; and
22. 23. “Reservoir” means any portion of a separate and
distinct geologic or subsurface sedimentary stratum, formation,
aquifer, cavity or void, whether naturally occurring or artificially
created, including an oil or gas formation, saline formation, or
coal seam.
SECTION 5. AMENDATORY 27A O.S. 2021, Section 3 -5-103, is
amended to read as follows:
Section 3-5-103. A. The Corporation Commission shall be the
“Agency” for, and shall have exclusive jurisdiction over Class VI CO2
sequestration facilities involving injection wells, and the
injection of CO 2 for carbon sequestration into , oil reservoirs, gas
reservoirs, coal-bed methane reservoirs, and mineral brine approved
reservoirs. The Commission shall have such jurisdiction regardless
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of whether such CO 2 sequestration facility or other injection of
carbon dioxide involves enhanced oil or gas recovery.
B. The Department of Environmental Quality shall be the
“Agency” for, and shall have exclusive jurisdiction over CO 2
sequestration facilities involving, and injection of CO 2 for carbon
sequestration into all reservoirs other than those described in
subsection A of this section, which shall include, but not be
limited to, deep saline formations, unmineable coal seams where
methane is not produced, basalt reservoirs, salt domes, and non -
mineral bearing shales.
SECTION 6. AMENDATORY 27A O.S. 2021, Section 3 -5-104, as
amended by Section 1, Chapter 353, O.S.L. 2023 (27A O.S. Supp. 2024,
Section 3-5-104), is amended to r ead as follows:
Section 3-5-104. A. The Corporation Commission and the
Department of Environmental Quality shall execute a Memorandum of
Understanding to address areas in which the implementation of the
Oklahoma Carbon Capture and Geologic Sequestration Act will require
interagency cooperation or interaction, including procedures for
directing applicants through the application process. The
Corporation Commission may enter into memorandums of understanding
with any governmental entity deemed necessary to address areas of
implementation of the Oklahoma Carbon Capture and Geologic
Sequestration Act that may require interagency cooperation or
interaction.
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B. The operator of a CO 2 sequestration facility shall obtain a
permit pursuant to the Oklahoma Carbon C apture and Geologic
Sequestration Act from the Agency having jurisdiction Commission
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 Commission has a
hearing thereon upon request; provided , that no permit pursuant to
the Oklahoma Carbon Capture and Geologic Sequestration Act is
required if the facility operator obtains permission, by permit or
order, by the Agency Commission pursuant to the rules and
regulations of the state’s federally approved Underground Injection
Control Program program and such permission authorizes carbon
sequestration or injection of carbon dioxide a CO2 stream underground
and incorporates any addition al requirements adopted pursuant to
subsection C of this section.
C. To the extent not already authorized by laws governing the
state’s federally approved Underground Injection Control Program
program, the Agency having jurisdiction Commission may issue and
enforce such orders, and may adopt, modify, repeal and enforce such
emergency or permanent rules, including establishment of appropriate
and sufficient fees to cover the cost of the program, financial
sureties or bonds, and monitoring at CO 2 sequestration facilities, as
may be necessary, for the purpose of regulating the drilling of
Class VI CO2 injection wells related to a CO 2 sequestration facility,
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the injection and withdrawal of carbon dioxide, the operation of the
CO2 sequestration facility, Class VI CO2 injection well plugging 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 the Oklahoma Carbon Capture and Geologic
Sequestration Act.
D. The applicant for any permit to be issued pursuant to the
Oklahoma Carbon Capture and Geologic Sequestration Act shall give
all surface owners and mineral owners, including working interest
and royalty owners, well operators, and gas storage operators of the
land to be encompassed within the defined geographic boundary of the
CO2 sequestration facility as established by the Agency Commission,
and whose addresses are known or could be known through the exercise
of due diligence, at least fifteen (15) days’ no tice of the hearing
by mail, return receipt requested. The applicant shall also give
notice by one publication two publications, with one publishing at
least thirty (30) days prior to the hearing, and again at least
fifteen (15) days prior to the hearing, firstly 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, secondly in some newspaper published in the county, or in
each county, if there be is more than one, in which the defined
geographic boundary of the CO 2 sequestration facility, as established
by the Agency Commission, is situated. The applicant shall file
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proof of publication and an affidavit of mailing with the Agency
Commission prior to the hearing.
E. In addition to all other powers and duties prescribed in the
Oklahoma Carbon Capture and Geologic Sequestration Act or otherwise
by law, and unless otherwise specifically set forth in the Oklahoma
Carbon Capture and Geologic Sequestration Act, the Agency having
jurisdiction Commission shall have the authority to perform 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 Un derground Injection Control
Program 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 Energy 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 ensure timely anal ysis. Identified areas and
recommended modifications to the regulatory and statutory framework
of the agency shall be submitted in a report to the Governor,
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Secretary of Energy and Environment, President Pro Tempore of the
Senate, and the Speaker of the H ouse of Representatives not later
than August 1, 2023.
SECTION 7. AMENDATORY 27A O.S. 2021, Section 3 -5-105, is
amended to read as follows:
Section 3-5-105. A. Unless otherwise expressly provided by a
contract, bill of sale, dee d, mortgage, deed of trust, or other
legally binding document or by other law, carbon dioxide injected
into a CO2 sequestration facility or a CO2 storage unit associated
with a CO2 sequestration facility is considered to be the personal
property of the facility owner.
B. Absent a final judgment of willful abandonment rendered by a
court of competent jurisdiction, or a regulatory determination of
willful abandonment, carbon dioxide injected into a CO 2 sequestration
facility or a storage unit associated with a CO2 sequestration
facility is not considered to be the property of the owner of the
surface or mineral estate in the land encompassing the geographic
boundary of the CO 2 sequestration facility, or any person claiming
under the owner of the surface or mi neral estate.
C. The facility operator, with permission of the facility
owner, may produce, take, extract or reduce to possession any carbon
dioxide injected, stored or sequestered in a CO 2 sequestration
facility. In the event an operator informs the Com mission that it
intends to conduct enhanced oil or gas recovery operations on a
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compulsory unit formed pursuant to Section 287.1 et seq. of Title 52
of the Oklahoma statutes, or its predecessor unitization act, then
during the time that such unit is in ope ration, such operator shall
be relieved of any obligation to either:
1. Plug and abandon any injection or production well within
such unit that is intended to be used in such enhanced oil or gas
recovery operations, unless required by the Commission pursu ant to
Section 53 of Title 17 of the Oklahoma Statutes; or
2. Remove any surface equipment that is associated with any
such well and intended to be used in such enhanced oil or gas
recovery operations, or both.
D. The Agency having jurisdiction over the injection of carbon
dioxide under this act shall also have jurisdiction over a facility
operator that produces, takes, extracts or reduces to possession any
injected, stored or sequestered carbon dioxide in a CO 2 sequestration
facility.
SECTION 8. AMENDATORY 27A O.S. 2021, Section 3 -5-106, is
amended to read as follows:
Section 3-5-106. A. Nothing in this act the Oklahoma Carbon
Capture and Geologic Sequestration Act shall supersede the
provisions of the Oklahoma Carbon Sequestra tion Enhancement Act,
Section 3-4-101 et seq. of Title 27A of the Oklahoma Statutes this
title.
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B. Nothing in this act the Oklahoma Carbon Capture and Geologic
Sequestration Act shall alter the incidents of ownership, or other
rights, of the owners of the mineral estate or adversely affect
enhanced oil or gas recovery efforts in the state.
C. Any right granted to a facility operator pursuant to this
act the Oklahoma Carbon Capture and Geologic Sequestration Act shall
be without prejudice to the rights of any surface owner or mineral
owner, including a working interest and royalty owner, well
operator, and gas storage operator of the land encompassed within
the defined geographic boundary of the CO 2 sequestration facility , as
established or a CO2 storage unit permitted or authorized by the
Agency Corporation Commission , to drill or bore through the approved
reservoir in a manner as shall comply with orders, rules and
regulations issued for the purpose of protecting the approved
reservoir against the escape o f CO2. For purposes of this
subsection, the Agency with jurisdiction under other state law for
regulating the well being drilled or bored through the approved
reservoir is the Agency having jurisdiction to adopt orders and
rules for such well in order to protect the CO 2 sequestration
facility, regardless of which Agency has jurisdiction to permit the
CO2 sequestration facility pursuant to Section 3 of this act. If the
Agency with jurisdiction under other state law for regulating the
well being drilled or bored through the approved reservoir is not
the Agency that has jurisdiction to permit the CO 2 sequestration
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facility pursuant to Section 3 of this act, then the former shall
promptly notify the latter in writing of the receipt of an
application for the dr illing or boring of such a well and shall
consider all timely submitted comments of the latter in approving,
denying, or setting conditions for the well being drilled or bored.
The additional cost of complying with such orders, rules or
regulations in order to protect the CO 2 sequestration facility shall
be borne by the facility operator. The surface estate is servient
to the dominant mineral estate for the purposes of oil and gas
development.
D. Nothing in this act the Oklahoma Carbon Capture and Geolog ic
Sequestration Act shall grant a private operator the right of
condemnation or eminent domain for any purpose.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3 -5-107 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. The Corporation Commission, upon filing of an appropriate
application and following notice and hearing regarding the
application, shall have the jurisdiction to create a CO 2 storage unit
as part of a CO 2 sequestration facility and order the aggregation and
communitization of the pore space within an approved reservoir in
designated tracts of land for the injection and storage of CO 2 in
such approved reservoir.
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B. An application to create a CO2 storage unit may be filed by a
party owning the rights to inject and store CO 2 in the pore space of
the approved reservoir in at least sixty -three percent (63%) of the
tracts of land to be included in the CO 2 storage unit based on the
surface acres of such unit. The application shall include:
1. A map or plat of the tracts of land to be included in the
proposed CO2 storage unit; and
2. A plan of operations for such proposed CO 2 storage unit,
which shall include, but not be limited to, an accounting procedure,
the method, formula, or other basis by which the benefits of the CO 2
storage unit shall be shared, and the procedures to be followed for
invoicing and paying the costs of the CO 2 storage unit.
C. Notice of an application to create a CO 2 storage unit shall
be served, at least fifteen (15) days prior to the hearing on the
merits of such application, by personal service or by mail, return
receipt requested, on:
1. All owners of the right to inject and store CO 2 in the pore
space of the approved re servoir underlying the tracts of land to be
included in the CO 2 storage unit;
2. All owners of the surface of such tracts of land to be
included in the CO 2 storage unit; and
3. All owners of oil and gas working interests in the mineral
estate in such approved reservoir underlying such tracts of land to
be included in the CO 2 storage unit, including mineral owners in such
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approved reservoir in such tracts of land who have retained and have
not conveyed away their working interests under any oil and gas
leases, pooling orders, or otherwise.
An affidavit of service or mailing showing that the above -
described notice has been completed shall be filed with the
Commission prior to a hearing on the merits of the application to
create the CO2 storage unit.
D. Notice of an application to create a CO 2 storage unit shall
be published two times, with one such publication being at least
thirty (30) days prior to the hearing on the merits of such
application and the second such publication being at least fifteen
(15) days prior to such hearing, in a newspaper of general
circulation published in Oklahoma County and in a newspaper of
general circulation published in the county or counties in which the
CO2 storage unit is to be located. Proof of publication showing that
the above-described notice has been properly published shall be
filed with the Commission prior to a hearing on the merits of the
application to create the CO 2 storage unit.
E. In creating a CO 2 storage unit, the Commission shall find and
determine:
1. That the applicant has the required percentage ownership of
the right to inject and store CO 2 in the pore space of the approved
reservoir in the tracts of land to be included in the CO 2 storage
unit;
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2. That the pore space in the approved reservoir in the tra cts
of land to be included in the CO 2 storage unit is of such a nature or
character that CO 2 may be effectively, efficiently, and safely
injected into and stored in such pore space;
3. That the injected CO 2 will be confined to the pore space of
such approved reservoir in the tracts of land to be included in the
CO2 storage unit and that the CO 2 injected into and stored in the
pore space of such approved reservoir in such tracts of land will
not escape and enter any other geologic interval or lands outside of
the CO2 storage unit;
4. That the injection and storage of CO 2 in the pore space of
such approved reservoir in the tracts of land to be included in the
CO2 storage unit will not adversely affect any existing oil and gas
production from any reservoir;
5. That the injection and storage of CO 2 in the pore space of
such approved reservoir in the tracts of land to be included in the
CO2 storage unit will not adversely affect or prohibit any potential
future oil or gas production from such approved reservoir within the
tracts of land included in the CO 2 storage unit;
6. That the area to be included in the CO 2 storage unit is of
sufficient size and shape to contain and hold all of the CO 2
anticipated to be injected into and stored in the CO 2 storage unit,
taking into account the extent of the plume which will be created by
such injection;
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7. That the proposed operations of the CO 2 storage unit will be
such as to safely handle, receive, process, compress, inject,
confine, and store in such approved reservoir i n the tracts of land
to be included in the CO 2 storage unit;
8. That the operator of the CO 2 storage unit is qualified to
create, maintain, and conduct operations in such unit; and
9. That the proposed plan of operations is reasonable and
adequate for the operation of the CO 2 storage unit.
F. The Commission order creating the CO 2 storage unit shall
provide any owner of the right to inject and store CO 2 in the pore
space of the approved reservoir in the tracts of land included in
such unit the following:
1. The right to be a cost -bearing owner who participates in the
costs of and the benefits from such storage unit. The costs of the
CO2 storage unit to be borne by a party electing to be a cost -bearing
owner in such unit shall include all the actual, nece ssary, and
reasonable costs of creating, equipping, maintaining, and operating
the CO2 storage unit. The Commission shall make provisions for the
payment of such costs of the CO 2 storage unit by the owners of the
right to inject and store in such CO 2 storage unit. Such costs shall
not include any costs of capturing or transporting the CO 2 that is
injected into and stored in the CO 2 storage unit, including the costs
of any CO2 capture and compression equipment, CO 2 pipelines
transporting the CO 2 to such CO2 storage unit, or any other equipment
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or pipelines used in connection with such capture or transportation;
or
2. The right to receive the fair market value for such owner’s
right to use such pore space for the injection and storage of CO 2,
including the fee for the injection and storage of CO 2 in such CO2
storage unit. The fair market value of the right to inject and
store CO2 in the pore space of such approved reservoir shall be
determined by the Commission, based on all relevant evidence
presented by the parties as to such fair market value, including,
but not limited to, arm’s length consummated transactions involving
the transfer of the right to use pore space for the injection and
storage of CO2, taking into account any differences in the
circumstances involved in any such consummated transaction, and the
specific circumstances involved in the proposed CO 2 storage unit.
The Commission shall make provisions for payment of the amounts
set forth above to the owners of the right to inject and store CO 2 in
the pore space of the approved reservoir who elect or are deemed to
elect not to be cost -bearing owners in such CO 2 storage unit. Any
owner of the right to inject and store CO 2 in the pore space of the
approved reservoir who elects or is deemed to elect not to be a
cost-bearing owner in the CO 2 storage unit shall relinquish by
operation of law under the order creating the CO 2 storage unit the
right to inject and store CO 2 in the pore space in the approved
reservoir in the CO 2 storage unit.
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G. The Commission order creating the CO 2 storage unit shall
establish:
1. The CO2 storage unit by defining and specifically describing
the approved reservoir and the tracts of land included in the unit;
2. The operator of the CO 2 storage unit;
3. The plan of operatio ns for the CO2 storage unit;
4. The options to be granted to an owner of the right to use
the pore space in the approved reservoir to inject and store CO 2 as
prescribed in subsection F of this section;
5. The estimated costs of creating, equipping, maint aining, and
operating the CO 2 storage unit and the provisions for the payment of
such costs;
6. The procedures and safeguards to be followed for any owner
of oil and gas rights to drill through the CO 2 storage unit for the
purpose of producing oil or gas from another geologic interval;
7. Any other procedures or safeguards that may be deemed
necessary to ensure the safe operation of the CO 2 storage unit; and
8. The provisions for the termination of such CO 2 storage unit,
including the obligations concern ing the plugging of any wells used
in connection with such unit and the remediation or restoration of
the surface of the lands used in the operation of such unit.
H. Upon creation of a CO 2 storage unit, the operator of the CO 2
storage unit may inject a CO 2 stream into and store CO 2 in the
approved reservoir in the tracts of land included in such unit.
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Operation on any part of the CO 2 storage unit shall be considered
operation on each separate tract of land in such CO 2 storage unit.
I. On and after the ef fective date of a Commission order
creating a CO2 storage unit, operation of any well injecting CO 2 into
the approved reservoir in the tracts of land included in such unit
shall be unlawful except as authorized by the order and plan of
operations for such unit. Notice of the creation of the CO 2 storage
unit shall be placed of record in each county in which the unit is
located.
J. Upon creation of a CO 2 storage unit, the Commission shall
retain jurisdiction over the unit, including the plan of operations
for the unit and the designation of the operator. Nothing in this
subsection shall preclude or impair the right of any affected party
to obtain through the district courts of this state any remedy or
relief available at law or in equity for injuries or dam ages
resulting from operation of a CO 2 storage unit.
K. 1. The Commission, upon the filing of a proper application,
may enlarge or reduce a CO 2 storage unit. The application for
enlargement or reduction of the CO 2 storage unit shall set forth the
reasons for such enlargement or reduction. An operator who seeks to
enlarge or reduce a CO 2 storage unit shall comply with the minimum
ownership requirements established in subsection B of this section
as applied to all the tracts of land to be included in the proposed
enlarged unit or reduced unit, whichever is applicable. Notice of
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an application to reduce a CO 2 storage unit shall be given to the
owners of the right to inject and store CO 2 in the pore space of the
approved reservoir in the unit.
2. Notice of an application to enlarge a CO 2 storage unit shall
be given to:
a. the owners of the right to inject and store CO 2 in the
pore space of the approved reservoir in the CO 2 storage
unit and in the additional pore space underlying the
tracts of land to be add ed to such unit,
b. the owners of oil and gas working interests in the
mineral estate in the additional pore space to be
added to the unit, including mineral owners in the
additional pore space who have retained and have not
conveyed away their working int erests under any oil
and gas leases, pooling orders or otherwise, and
c. the owners of the surface of the additional tracts of
land to be added to the unit. Notice of the
application to enlarge or reduce a CO 2 storage unit
shall be served and published in the same manner with
the same time periods as set forth in connection with
the application to create a CO 2 storage unit.
L. Subject to the provisions of Section 10 of this act, the CO 2
injected into and stored in the pore space of the approved reservoir
in a CO2 storage unit shall be the property of the cost -bearing
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owners in such unit. However, upon termination of a CO 2 storage
unit, the CO2 injected into the pore space of the approved reservoir
of the CO2 storage unit may remain in such pore space and need not be
removed.
M. The Commission may promulgate rules to effectuate the
provisions of this section.
N. Any party aggrieved by any order or determination of the
Commission made pursuant to this section may appeal the order or
determination to the Su preme Court in the same manner as provided in
Section 113 of Title 52 of the Oklahoma Statutes and any other
applicable statutes relating to appeals of orders by the Commission.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3 -5-108 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. 1. Not earlier than fifty (50) years after cessation of
injection of a CO 2 stream into a CO 2 sequestration facility or a C O2
storage unit as a part of a CO 2 sequestration facility, or following
the end of any other time frame established on a site -specific basis
by Corporation Commission order, the Corporation Commission shall
issue a certificate of completion of injection op erations, if the
operator proves that:
a. the reservoir is reasonably expected to retain
mechanical integrity,
b. the CO2 will reasonably remain emplaced,
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c. the CO2 sequestration facility or the CO 2 storage unit
as a part of a CO 2 sequestration facility d oes not pose
an endangerment to underground sources of drinking
water, or to public health or public safety,
d. the current storage facility operator has complied
with all applicable regulations related to post -
injection monitoring and the issuance of the
certificate of completion of injection operations, and
e. the CO2 sequestration facility or the CO 2 storage unit
as a part of a CO 2 sequestration facility has been
closed in accordance with all applicable requirements
related to the site closure plan submi tted with the
original application or the most current amended site
closure plan.
2. Upon issuance of a certificate of completion of injection
operations, ownership of the remaining project, including the stored
carbon dioxide, shall transfer to the state .
3. Upon issuance of a certificate of completion of injection
operations, the operator of such facility or unit, all owners of
carbon dioxide stored in such facility or unit, and all owners
otherwise having any interest in such facility or unit shall be
released from any and all future obligations relating to the
facility and any and all liability associated with or related to
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that facility or unit which arises after the issuance of the
certificate of completion of injection operations.
B. The release from duties or obligations under paragraph 3 of
subsection A of this section shall not apply to:
1. A current or former owner or operator of a CO 2 sequestration
facility or a CO 2 storage unit as a part of a CO 2 sequestration
facility when such duties or obl igations arise from that owner or
operator’s noncompliance with applicable underground injection
control laws and regulations prior to issuance of the certificate;
or
2. Any owner or operator of a CO 2 sequestration facility or a
CO2 storage unit as a part of a CO2 sequestration facility if it is
demonstrated that such owner or operator intentionally and knowingly
concealed or misrepresented material facts related to the mechanical
integrity of the storage facility or the chemical composition of any
injected carbon dioxide.
C. Continued monitoring of the site, including remediation of
any well leakage, shall become the principal responsibility of the
Corporation Commission.
D. 1. The Corporation Commission may levy fees to implement
the provisions of this section in a form and schedule to be
developed by the Oil and Gas Conservation Division of the
Corporation Commission for each ton of carbon dioxide injected into
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a CO2 sequestration facility or a CO 2 storage unit as a part of a CO 2
sequestration facility .
2. At the end of each fiscal year, the Corporation Commission
may redetermine the fees collected based upon the estimated cost of
administering and enforcing the provisions of this act for the
upcoming year, divided by the tonnage of carbon dioxide expe cted to
be injected during the upcoming year.
3. The total fee assessed shall be sufficient to assure a
balance in the Class VI Carbon Sequestration Storage Facility
Revolving Fund not to exceed Five Million Dollars ($5,000,000.00)
for a given CO 2 sequestration facility or CO 2 storage unit; provided,
however, the total fee for any one operator in the Class VI Carbon
Sequestration Storage Facility Revolving Fund at the beginning of
each fiscal year shall not be in excess of Ten Million Dollars
($10,000,000.00) regardless of the number of such facilities or
units operated by such operator. Any amount received by the
Corporation Commission that exceeds the annual balance required
under this subsection shall be deposited into the fund, but
appropriate credits shall be given against future fees for the
storage facility. The Corporation Commission shall promulgate rules
regarding the form and manner for fee amount and payment method.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3 -5-109 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
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A. There is hereby created in the State Treasury a revolving
fund for the Corporation Commission to be designated the “Class VI
Carbon Sequestration Storage Facility Revolving Fund”. The fund
shall be a continuing fund, not subject to fiscal year limitations,
and shall consist of all monies received by the Commission from
fines and fees paid to the Corporation Commission pursuant to
Sections 9 and 10 of this act. All monies accruing to the credit of
the fund are hereby appropriated and may be budgeted and expended by
the Commission for the purpose provided for in this section.
Expenditures from the fund shall be made upon warran ts issued by the
State Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
B. If a CO2 sequestration facility or a CO 2 storage unit as a
part of a CO2 sequestration facility at any time deposits more than
Five Million Dollars ($5,000,000.00) to the fund, the fee
assessments to that facility or unit shall cease until such time as
funds begin to be expended for that facility or unit. The State
Treasurer shall certify to the Corporation Commission the date on
which the balance in the fund for a facility or unit equals or
exceeds Five Million Dollars ($5,000,000.00). On and after the
first day of the second month following the certification, fees
shall not be collected from such facility or unit; provided, fee
collection shall resume on receipt of a certification by the State
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Treasurer that, based on the expenditures and commitments to expend
monies, the fund has fallen below Four Million Dollars
($4,000,000.00) of funds collected from that facility.
C. Expenditures from the fund may be used to:
1. Remediate any issues associated with, arising from, or
related to the site, including remediation of property, site
infrastructure, and any mechanical problems associate d with the
remaining wells;
2. Fund research and development in connection with carbon
sequestration technologies and methods;
3. Monitor any remaining surface facilities and wells;
4. Repair any mechanical leaks at the storage facility;
5. Hire outside legal counsel as needed to effectuate the
provisions of this act;
6. Plug remaining injection wells, except for those wells to be
used as observation wells; and
7. Contract for assistance with permit or application review.
D. Not later than November 1 annually, the Corporation
Commission shall furnish an electronic report to the Secretary of
Energy and Environment, the President Pro Tempore of the Senate, and
the Speaker of the House of Representatives. The report shall
address the administration of f unds, fund balances, expenditures
made, and any other information deemed necessary by the Corporation
Commission.
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E. Not later than November 1, 2030, and every five (5) years
thereafter, the Corporation Commission shall furnish an electronic
report to the President Pro Tempore of the Senate and the Speaker of
the House of Representatives assessing the effectiveness of the fund
and other related provisions within this act. The Corporation
Commission shall provide such other information as may be requested
by the Legislature.
SECTION 12. AMENDATORY 52 O.S. 2021, Section 139, is
amended to read as follows:
Section 139. A. The Corporation Commission is vested with
exclusive jurisdiction, power and authority, and it shall be its
duty, to make and enforce such rules and orders governing and
regulating the handling, storage and disposition of saltwater,
mineral brines, waste oil and other deleterious substances produced
from or obtained or used in connection with the drilling,
development, producing, and operating of oil and gas wells and brine
wells within this state as are reasonable and necessary for the
purpose of preventing the pollution of the surface and subsurface
waters in the state, and to otherwise carry out the purpose of this
act section and Sections 140, 141, 142, 143, and 144 of this title .
B. 1. Except as otherwise provided by this subsection, the
Corporation Commission is hereby vested with exclusive jurisdiction,
power and authority, and it shall be its duty to promulga te and
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enforce rules, and issue and enforce orders governing and
regulating:
a. the conservation of oil and gas,
b. field operations for geologic and geophysical
exploration for oil, gas and brine, including seismic
survey wells, stratigraphic test wells a nd core test
wells,
c. the exploration, drilling, development, producing or
processing for oil and gas on the lease site,
d. the exploration, drilling, development, production and
operation of wells used in connection with the
recovery, injection or dispos al of mineral brines,
e. reclaiming facilities only for the processing of salt
water, crude oil, natural gas condensate and tank
bottoms or basic sediment from crude oil tanks,
pipelines, pits and equipment associated with the
exploration, drilling, develo pment, producing or
transportation of oil or gas,
f. injection wells known as Class II wells under the
federal Underground Injection Control Program, and any
aspect of any CO 2 sequestration facility, including any
associated CO2 injection well, over which the
Commission is given jurisdiction pursuant to the
Oklahoma Carbon Capture and Geologic Sequestration
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Act. Any substance that the United States
Environmental Protection Agency allows to be injected
into a Class II well may continue to be so injected
underground injection control pursuant to the federal
Safe Drinking Water Act and 40 C.F.R., Parts 144
through 148, including:
(1) Class II injection wells,
(2) Class V injection wells utilized in the
remediation of groundwater associated with
underground or aboveground storage tanks
regulated by the Corporation Commission,
(3) those wells used for the recovery, injection, or
disposal of mineral brines as defined in the
Oklahoma Brine Development Act, and
(4) any aspect of a CO 2 sequestration facility or CO 2
storage unit as part of a CO 2 sequestration
facility, including associated Class VI CO 2
injection wells, pursuant to the Oklahoma Carbon
Capture and Geologic Sequestration Act ,
g. tank farms for storage of crude oil and petroleum
products which are located outside the boundaries of
the refineries, petrochemical manufacturing plants,
natural gas liquid extraction plants, or other
facilities which are subject to the jurisdiction of
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the Department of Environmental Quality with regard to
point source discharges,
h. the construction and operation of pipelines and
associated rights-of-way, equipment, facilities or
buildings used in the transportation of oil, gas,
petroleum, petroleum products, anhydrous ammonia or
mineral brine, or in the treatment of oil, gas or
mineral brine during the course of transportation but
not including line pipes associated with processing at
or in any:
(1) natural gas liquids extraction plant,
(2) refinery,
(3) reclaiming facility other than for those
specified within subparagraph e of t his
paragraph,
(4) mineral brine processing plant, and
(5) petrochemical manufacturing plant,
i. the handling, transportation, storage and disposition
of saltwater, mineral brines, waste oil and other
deleterious substances produced from or obtained or
used in connection with the drilling, development,
producing and operating of oil and gas wells, at:
(1) any facility or activity specifically listed in
paragraphs 1 this paragraph and paragraph 2 of
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this subsection as being subject to the
jurisdiction of the Commission, and
(2) other oil and gas extraction facilities and
activities,
j. spills of deleterious substances associated with
facilities and activities specified in paragraph 1 of
this subsection paragraph or associated with other oil
and gas extraction facilities and activities, and
k. subsurface storage of oil, natural gas and liquefied
petroleum gas in geologic strata.
2. The exclusive jurisdiction, power and authority of the
Corporation Commission shall also extend to the construction,
operation, maintenance, site remediation, closure and abandonment of
the facilities and activities described in paragraph 1 of this
subsection.
3. When a deleterious substance from a Commission -regulated
facility or activity enters a point source discharge of pollutan ts
or storm water from a facility or activity regulated by the
Department of Environmental Quality, the Department shall have sole
jurisdiction over the point source discharge of the commingled
pollutants and storm water from the two facilities or activiti es
insofar as Department -regulated facilities and activities are
concerned.
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4. For purposes of the Federal federal Clean Water Act, any
facility or activity which is subject to the jurisdiction of the
Corporation Commission pursuant to paragraph 1 of this subsection
and any other oil and gas extraction facility or activity which
requires a permit for the discharge of a pollutant or storm water to
waters of the United States shall be subject to the direct
jurisdiction of the United States Environmental Prot ection Agency
and shall not be required to be permitted by the Department of
Environmental Quality or the Corporation Commission for such
discharge.
5. The Corporation Commission shall have jurisdiction over:
a. underground storage tanks that contain anti freeze,
motor oil, motor fuel, gasoline, kerosene, diesel, or
aviation fuel and that are not located at refineries
or at upstream or intermediate shipment points of
pipeline operations, including, but not limited to,
tanks from which these materials are di spensed into
vehicles, or tanks used in wholesale or bulk
distribution activities, as well as leaks from pumps,
hoses, dispensers, and other ancillary equipment
associated with the tanks, whether above the ground or
below; provided, that any point source d ischarge of a
pollutant to waters of the United States during site
remediation or the off -site disposal of contaminated
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soil, media, or debris shall be regulated by the
Department of Environmental Quality,
b. aboveground storage tanks that contain antifree ze,
motor oil, motor fuel, gasoline, kerosene, diesel, or
aviation fuel and that are not located at refineries
or at upstream or intermediate shipment points of
pipeline operations, including, but not limited to,
tanks from which these materials are dispen sed into
vehicles, or tanks used in wholesale or bulk
distribution activities, as well as leaks from pumps,
hoses, dispensers, and other ancillary equipment
associated with the tanks, whether above the ground or
below; provided, that any point source disch arge of a
pollutant to waters of the United States during site
remediation or the off -site disposal of contaminated
soil, media, or debris shall be regulated by the
Department of Environmental Quality, and
c. the Petroleum Storage Tank Release Environmenta l
Cleanup Indemnity Fund and Program and the Oklahoma
Leaking Underground Storage Tank Trust Fund.
6. The Department of Environmental Quality shall have sole
jurisdiction to regulate the transportation, discharge or release of
deleterious substances or ha zardous or solid waste or other
pollutants from rolling stock and rail facilities. The Department
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of Environmental Quality shall not have any jurisdiction with
respect to pipeline transportation of carbon dioxide.
7. The Department of Environmental Quali ty shall have sole
environmental jurisdiction for point and nonpoint source discharges
of pollutants and storm water to waters of the state from:
a. refineries, petrochemical manufacturing plants and
natural gas liquid extraction plants,
b. manufacturing of oil and gas related equipment and
products,
c. bulk terminals, aboveground and underground storage
tanks not subject to the jurisdiction of the
Commission pursuant to this subsection, and
d. other facilities, activities and sources not subject
to the jurisdiction of the Corporation Commission or
Oklahoma Department of Agriculture , Food, and Forestry
as specified by this section.
8. The Department of Environmental Quality shall have sole
environmental jurisdiction to regulate air emissions from all
facilities and sources subject to operating permit requirements
under Title V of the Federal federal Clean Air Act, as amended.
C. The Corporation Commission shall comply with and enforce the
Oklahoma Water Quality Standards.
D. 1. For the purpose of immediat ely responding to emergency
situations having potentially critical environmental or public
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safety impact and resulting from activities within its jurisdiction,
the Commission may take whatever necessary action, without notice
and hearing, including the exp enditure of monies from the
Corporation Commission Revolving Fund, to promptly respond to the
emergency. Such emergency expenditure shall be made pursuant to the
provisions of The the Oklahoma Central Purchasing Act, upon such
terms and conditions establi shed by the Office of Management and
Enterprise Services to accomplish the purposes of this section.
Thereafter, the Commission shall seek reimbursement from the
responsible person, firm or corporation for all expenditures made
from the Corporation Commis sion Revolving Fund. Any monies received
as reimbursement shall be deposited to the credit of the Corporation
Commission Revolving Fund.
2. The Commission shall not expend from any fund in the State
Treasury, in any fiscal year, for the purposes herein p rovided, an
amount of money in excess of the total sum specifically authorized
annually by the Legislature for such purposes. Any monies received
by the Commission through execution on any required surety shall not
be subject to such limitation on expendi ture for remedial action.
3. Neither the Commission nor any independent contractor of the
Commission authorized to conduct remedial action under this section
shall be held liable or responsible for any damages resulting from
non-negligent actions reasonab ly necessary for conducting remedial
work. Nothing in this section shall limit the authority of the
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Commission or relieve any person or persons otherwise legally
responsible from any obligation to prevent or remediate pollution.
SECTION 13. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON ENERGY AND NATURAL RESOURCES
OVERSIGHT, dated 04/16/2025 - DO PASS, As Amended.