§22-11B-15. Carbon Dioxide Storage Facility Trust Fund
(a) There is hereby created in the State Treasury a special revenue fund to be known as the Carbon Dioxide Storage Facility Trust Fund. Expenditures from the fund shall be made by the secretary for the anticipated expenses associated with the long-term monitoring and management of closed storage facilities, and are not authorized from collections, […]
§22-11B-16. Operation Fee, Use, Report to Legislature
(a) Storage operators shall pay the secretary a fee on each ton of carbon dioxide injected for storage. The fee shall be in the amount set by legislative rule. The amount shall be based on the contribution of the storage facility and the source of the carbon dioxide to the energy and agriculture production economy […]
§22-11B-17. Determining Storage Amounts, Carbon Credits, Fee
(a) The secretary, under procedures and criteria developed by legislative rule, shall determine the amount of injected carbon dioxide stored in a reservoir that has been or is being used for an enhanced oil or gas recovery project. The secretary may also make such a determination for carbon dioxide stored under this article. (b) The […]
§22-11B-18. Subsurface Pore Space or Container Space
(a) Title to pore space in all strata underlying the surface of lands and waters is vested in the owner of the overlying surface estate. (b) A conveyance of title to the surface of real property conveys the pore space in all strata underlying the surface of the real property. (c) Title to pore space […]
§22-11B-19. Co-Tenants, Ownership of Pore Space by Multiple Co-Tenants and Collective Storage
(a) If a storage operator does not obtain the consent of all persons who own the storage reservoirs pore space to the construction and operation of an underground carbon dioxide storage facility, the commission may require that the pore space owned by nonconsenting owners be included in a storage facility and be subject to geologic […]
§22-11B-20. Funds to Be Held in Trust for Unknown or Unlocatable Owners
The storage operator shall hold all funds of unknown or unlocatable owners in trust in an interest bearing account and shall transfer said funds as unclaimed property to the State Treasurer pursuant to 36-8-1 et seq., the Uniform Unclaimed Property Act.
§22-11B-21. Judicial Review
Any person aggrieved by a final decision of the department or the commission under this article is entitled to review of such final decision in accordance with the applicable provisions of 29A-1-1 of this code, State Administrative Procedures Act, 22-9-1 et seq. of this code, and in the Circuit Court of Kanawha County or any […]
§22-11B-11. Ownership of Carbon Dioxide
The storage operator shall be the owner of the carbon dioxide injected into and stored in a storage reservoir approved under this article and shall maintain ownership and control until the secretary issues a Certificate of Underground Carbon Dioxide Storage Project Completion. While the storage operator has ownership, the operator is liable for any damage […]
§22-11B-12. Certificate of Project Completion, Release, Transfer of Title and Custody, Filing
(a) After carbon dioxide injections into a reservoir end and upon application by the storage operator demonstrating compliance with this article, the secretary may issue a Certificate of Underground Carbon Dioxide Storage Project Completion (“completion certificate”). (b) The completion certificate may only be issued after public notice and hearing. The secretary shall establish notice requirements […]
§22-11B-13. Carbon Dioxide Storage Facility Administrative Fund
(a) There is hereby created in the State Treasury a special revenue fund to be known as the Carbon Dioxide Storage Facility Administration Fund. Expenditures from the fund shall be made by the secretary for the purposes set forth in this article, and are not authorized from collections, but are to be made only in […]