§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-8. Environmental Protection, Other Law
(a) For the purposes of this article and in all other respects, any carbon dioxide injected and sequestered in accordance with an underground injection control permit issued by the secretary shall not be considered a pollutant and the operation and existence of such a carbon dioxide sequestration facility shall not be considered a public nuisance. […]
§22-11B-9. Oil, Natural Gas and Coalbed Methane Activities at Carbon Dioxide Sequestration Sites; Extraction of Sequestered Carbon Dioxide
(a) Nothing in this article shall be deemed to affect the otherwise lawful right of a mineral owner to drill or bore through a carbon dioxide storage facility if done in accordance with the secretarys underground injection control permit rules or any other applicable legal requirements which are intended to protect the carbon dioxide storage […]
§22-11B-10. Cooperative Agreements
The secretary is authorized to enter into cooperative agreements with other governments or government entities for the purpose of regulating carbon dioxide sequestration projects that extend beyond state regulatory authority under this article.