§22-11B-1. Statement of Purpose
It is the purpose of this article to: (1) Foster, encourage, promote, and establish a legal and regulatory framework for the development and approval of underground carbon dioxide sequestration facilities;
§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.
§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 […]
§22-11B-14. Application Fee, Deposit, Use in Cooperative Regulatory Functions
Permit applicants and operators seeking completion certificates shall pay the secretary an application fee, established by legislative rule, based upon each ton of carbon dioxide stored or to be stored at the facility. This fee shall be deposited in the Carbon Dioxide Storage Facility Administrative Fund.
§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-2. Definitions
Unless the context clearly requires a different meaning, as used in this article: (1) “Carbon dioxide” means carbon dioxide produced by anthropogenic sources which is of such purity and quality that it will not compromise the safety of geologic storage and will not compromise those properties of a storage reservoir which allow the reservoir to […]
§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-3. Prohibition of Underground Carbon Dioxide Sequestration Without a Permit; Injection of Carbon Dioxide for the Purpose of Enhancing the Recovery of Oil or Other Minerals Not Subject to the Provisions of This Article
(a) It is unlawful for any person to commence work on, or to operate, a carbon dioxide sequestration facility or storage site without first securing a Class VI underground injection control permit from the secretary or from the US EPA. (b) The injection of carbon dioxide for purposes of enhancing the recovery of oil or […]
§22-11B-4. Permit Application Requirements and Contents; Application Fee, Required Findings, and Rulemaking
(a) Every permit application filed under this article shall be on a form as may be prescribed by the secretary, shall be verified, and shall contain all information specified by legislative rule. (b) Upon filing an application for a permit, an applicant shall: (1) Pay a fee in an amount set by the secretary. The […]
§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 […]
§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. […]