West Virginia 2022 Regular Session

West Virginia Senate Bill SB622

Introduced
2/14/22  

Caption

Establishing requirements for carbon dioxide sequestration

Impact

The implications of SB622 on state laws include the clarification of the legal standing of carbon dioxide as a non-pollutant, which facilitates its storage without being categorized as hazardous. The legislation also necessitates the establishment of a Carbon Dioxide Storage Facility Administrative Fund to support regulatory activities and ensure compliance with the bill's provisions. Further, it aims to streamline the permitting process for operators while maintaining oversight to safeguard natural resources and public health, thus balancing economic development and environmental responsibility.

Summary

Senate Bill 622 establishes a comprehensive regulatory framework for carbon dioxide sequestration in West Virginia. This bill amends existing statutes and introduces a new article dedicated to underground storage projects, emphasizing the necessity of permits and setting guidelines for the injection of carbon dioxide. It delineates the role of the Department of Environmental Protection in overseeing these operations, ensuring that projects adhere to both state and federal regulations. By defining crucial terms and establishing a new permitting system, the bill aims to facilitate the development of a robust carbon storage infrastructure while safeguarding public interests and environmental integrity.

Sentiment

The sentiment around SB622 is somewhat polarized. Proponents view it as a forward-thinking initiative that can position West Virginia as a leader in carbon management and climate change mitigation. They argue that the structured regulatory framework will promote investment in carbon sequestration projects. However, opponents express concerns about potential risks to local environments and the rights of landowners, particularly regarding the designation of pore space ownership and the implications of mandatory consent from landowners. These contentions reflect broader debates around environmental policy and private property rights.

Contention

Key points of contention in the legislative discussions surrounding SB622 include fears that the preemptive approach to carbon storage might undermine local control and diminish the power of landowners. Critics are particularly concerned about how the bill addresses compensation for non-consenting pore space owners and the implications of transferring liability to the state upon project completion. These issues underscore a wider concern regarding the balance of interests between state initiatives to combat climate change and the rights of individual property owners.

Companion Bills

WV HB4491

Similar To To establish requirements for carbon dioxide sequestration

Similar Bills

WV HB4491

To establish requirements for carbon dioxide sequestration

PA SB831

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.

CA SB905

Carbon sequestration: Carbon Capture, Removal, Utilization, and Storage Program.

OK SB269

Carbon sequestration; modifying jurisdiction over certain injection wells; establishing provisions for establishment of certain CO2 sequestration facilities and storage units. Effective date.

OK SB1568

Corporation Commission; modifying authority over certain injection wells; establishing process for Class VI facility applications and unitization. Effective date.