§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-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-5. Public Participation in Permit Process, Notices, Public Hearing
(a) Public notice of an application for a permit required under this article shall allow at least 30 days for public comment. The secretary shall specify the required contents of the public notice. (b) The secretary shall send the public notice to the applicant, who shall be responsible for publication of a Class 1 legal […]
§22-11B-6. Permit and Order Provisions; Identification of Agent
(a) The secretary may include in any permit or order all things necessary to carry out this articles objectives and to protect and adjust the respective rights and obligations of persons affected by a carbon dioxide sequestration facility. (b) Every well operator required to designate an agent under this article shall, within five days after […]
§22-11B-7. Additional Rulemaking Authority
In addition to the rules specified in 22-11B-4 of this code, the secretary and the commission may promulgate such emergency, interpretive, legislative, and procedural rules, pursuant to the provisions of 29A-3-1 et seq. of this code, useful or necessary to carry out the requirements of this article, including, but not limited to: (1) The issuance […]