Providing for the injection of carbon dioxide into an underground reservoir for the purpose of carbon sequestration, for the ownership of pore space in strata below surface lands and waters of the Commonwealth, for conveyance of the surface ownership of real property; imposing duties on the Department of Environmental Protection and the Environmental Hearing Board; and establishing the Carbon Dioxide Storage Facility Fund.
Impact
The legislation is set to significantly influence state laws concerning environmental regulation and property rights. It reassures property owners by defining the ownership of pore space as vested in the surface property owner unless expressly stated otherwise. Furthermore, the bill includes provisions to protect the environment and human health, necessitating that storage operators obtain a UIC Class VI permit and comply with extensive regulations throughout the operation of carbon sequestration projects. This regulation aims to manage the risks associated with long-term storage and monitor the integrity of the process.
Summary
Senate Bill 831, known as the Carbon Capture and Sequestration Act, establishes a framework for the injection of carbon dioxide into underground reservoirs for carbon sequestration. It outlines the ownership rights to the pore space in strata below surface lands, tasks the Department of Environmental Protection with certain duties, and creates the Carbon Dioxide Storage Facility Fund. The bill promotes the geologic storage of carbon dioxide as a method to reduce greenhouse gas emissions while ensuring it could serve valuable commercial and industrial uses in the future.
Sentiment
The general sentiment surrounding SB831 is mixed. Proponents argue that the bill is a crucial step towards mitigating climate change by enabling effective carbon capture and promoting sustainable practices in line with global environmental goals. Conversely, some stakeholders express concerns regarding potential risks to local communities, particularly regarding groundwater protection and environmental justice issues. The requirement for public participation and impact assessments in areas designated as environmental justice zones highlights the focus on balancing development with community safety.
Contention
Notable points of contention center around the bill's provisions for liability and compensation. Critics are particularly wary of the implications for property owners who may face issues with injected carbon dioxide migration. The bill allows for the possibility of a collective storage order, which could obfuscate individual ownership rights if a consensus among pore space owners is not reached. Additionally, there are apprehensions that the prioritization of carbon sequestration projects may override local concerns regarding land use and resource management.
Relating to the ownership of the pore space underlying the surface of land and to the use of that space for the geologic storage of carbon dioxide; authorizing a fee.