Section 2 – Preemption.

• (1) Regulation of geologic carbon storage is of statewide concern and the state regulation of geologic carbon storage activity occupies the whole field of geologic carbon storage subject to:
  • (a) the granting of primacy over Class VI geologic sequestration wells; and
  • (b) relevant federal law.

• (2) The legislative body of a political subdivision may enact, amend, or enforce a local ordinance, resolution, or rule consistent with the political subdivision’s general land use authority that:
  • (a) regulates only surface activity that is incidental to geologic carbon storage activity;
  • (b) does not effectively or unduly limit, ban, or prohibit geologic carbon storage activity; and
  • (c) is not otherwise preempted by state or federal law.

Enacted by Chapter 62, 2022 General Session