§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.
§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-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-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-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 […]